A4-0174/98

Proposal for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (COM(97)0088 - C4-0283/97 - 97/0105(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

First citation

>Original text>

Having regard to the Treaty establishing the European Community, and in particular Article 130s(1) thereof,

>Text following EP vote>

Having regard to the Treaty establishing the European Community, and in particular Article

100a thereof,

(Amendment 2)

Recital 7

>Original text>

(7) Whereas the Community and the individual Member States are Contracting Parties to the UN-ECE Convention on Long-Range Transboundary Air Pollution; whereas under the protocol on further reduction of sulphur emissions established under that convention, Contracting Parties should make significant reductions in emissions of sulphur dioxide;

>Text following EP vote>

(7)

Whereas the Community and the individual Member States are Contracting Parties to the UN-ECE Convention on Long-Range Transboundary Air Pollution; whereas the second UN-ECE Protocol on transboundary pollution by sulphur dioxide foresees that Member States should reduce sulphur dioxide emissions beyond the 30 % reduction specified in the first Protocol and whereas the second UN-ECE Protocol is based on the premise that critical loads and levels will continue to be exceeded in some sensitive areas; whereas further measures to reduce sulphur dioxide emissions will still be required if the objectives in the fifth environmental action programme are to be respected; whereas Contracting Parties should make significant reductions in emissions of sulphur dioxide;

(Amendment 3)

Recital 9a (new)

>Original text>

>Text following EP vote>

(9a) Whereas studies have shown that benefits from reducing sulphur emissions by reductions in the sulphur content of fuels will be considerably greater than the estimated costs to industry and whereas the technology exists and is well established for reducing the sulphur level of liquid fuels;

(Amendment 4)

Recital 10

>Original text>

(10) Whereas, in conformity with the principle of subsidiarity and the principle of proportionality referred to in Article 3b of the Treaty, the objective of reducing the emissions of sulphur dioxide arising from the combustion of certain types of liquid fuels cannot be achieved effectively by Member States acting individually and whereas unconcerted action offers no guarantee of achieving the desired objective, is potentially counterproductive and will result in considerable uncertainty in the market for the fuel products affected and whereas, in view of the need to reduce sulphur dioxide emissions across the Community, it is more effective to take action at the level of the Community; whereas this Directive limits itself to the minimum requirements necessary to achieve the desired objective;

>Text following EP vote>

(10)

Whereas, in conformity with the principle of subsidiarity and the principle of proportionality referred to in Article 3b of the Treaty, the objective of reducing the emissions of sulphur dioxide arising from the combustion of certain types of liquid fuels cannot be achieved effectively by Member States acting individually and whereas unconcerted action offers no guarantee of achieving the desired objective, is potentially counterproductive and will result in considerable uncertainty in the market for the fuel products affected and whereas, in view of the need to reduce sulphur dioxide emissions across the Community, uniform Community rules are necessary;

(Amendment 5)

Recital 10a (new)

>Original text>

>Text following EP vote>

(10a) Whereas in Council Directive 93/12/EEC the Commission was asked to submit to the Council a proposal prescribing lower limits for the sulphur content in gas oil and new limits for aviation kerosene and whereas it would be appropriate at the same time to lay down limits for the sulphur content of other liquid fuels, in particular heavy fuel oils, bunker fuel oils, marine diesel oils and gas oils;

(Amendment 6)

Recital 11

>Original text>

(11) Whereas it should only be possible to use gas oils and heavy fuel oils within the territory of the Community on condition that their sulphur content does not exceed certain limits set out in this Directive;

>Text following EP vote>

(11)

Whereas it is only possible to use gas oils, bunker fuel oils, marine diesel oils and heavy fuel oils within the territory of the Community - with the exceptions referred to in this Directive - on condition that their sulphur content does not exceed certain limits set out in this Directive;

(Amendment 7)

Recital 12

>Original text>

(12) Whereas, in accordance with Article 130t of the Treaty, this Directive should not prevent any Member State from maintaining or introducing more stringent protective measures and whereas such measures must be compatible with the Treaty and should be notified to the Commission;

>Text following EP vote>

(12)

Whereas, in accordance with Article 100a(4) of the Treaty, this Directive should not prevent any Member State from maintaining or introducing more stringent environmental protection measures and whereas such measures must be compatible with the Treaty and must be notified to the Commission;

(Amendment 8)

Recital 12a (new)

>Original text>

>Text following EP vote>

(12a) Whereas sulphur emissions from shipping due to the combustion of bunker fuels with a high sulphur content contribute to sulphur dioxide pollution and problems of acidification; whereas in certain areas such contribution is highly significant and whereas it is therefore necessary to limit the sulphur content of bunker fuels;

(Amendment 9)

Recital 13a (new)

>Original text>

>Text following EP vote>

(13a) Whereas in order to facilitate the achievement of the objectives of this Directive it may be appropriate for the European Union and/or the Member States to use economic instruments, such as a tax on sulphur and a system of harbour charges differentiated according to the sulphur content of the fuels used by visiting ships; whereas the Commission should come forward with proposals for economic instruments to reduce sulphur dioxide emissions by the end of 1998;

(Amendment 10)

Recital 16

>Original text>

(16) Whereas a limit value of 0.2% for the sulphur content of gas oils has already been established under Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels, as amended by the Act of Accession of Austria, Finland and Sweden; whereas that limit value should continue to be generally applicable;

>Text following EP vote>

(16)

Whereas a limit value of 0.2% for the sulphur content of gas oils has already been established under Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels, as amended by the Act of Accession of Austria, Finland and Sweden; whereas that limit value should be tightened to 0.1% in order to achieve further reductions in acidification, better protection of health and improved protection of buildings and materials;

(Amendment 11)

Recital 17

>Original text>

(17) Whereas, in accordance with the Act of Accession of Austria, Finland and Sweden, Austria and Finland have a derogation for a period of four years from the date of accession regarding the provisions in Directive 93/12/EEC concerning the sulphur content of gas oil;

>Text following EP vote>

(17)

Whereas, in accordance with the Act of Accession of Austria, Finland and Sweden, Austria and Finland have a derogation for a period of four years from the date of accession regarding the provisions in Directive 93/12/EEC concerning the sulphur content of gas oil; whereas the Member States may maintain or introduce more stringent provisions pursuant to Article 100a(4) of the Treaty after this Directive has entered into force;

(Amendment 12)

Recital 18

>Original text>

(18) Whereas the limit value of 0.2% for the sulphur content of gas oils intended for the marine use in sea-going ships may present technical and economic problems for Greece throughout its territory and for Spain with regard to the Canary Islands; whereas a derogation for Greece and the Canary Islands should not have a negative effect upon the market in gas oil intended for marine use and given that exports of gas oil for marine use from Greece and the Canary Islands to the other member States should satisfy the requirements in force in the importing Member State; whereas Greece and the Canary Islands should be afforded a derogation from the limit value of 0.2% sulphur by weight for gas oil used for marine purposes;

>Text following EP vote>

(18)

Whereas the limit value of 0.1% for the sulphur content of gas oils intended for the marine use in sea-going ships may present technical and economic problems for Greece throughout its territory and for Spain with regard to the Canary Islands; whereas a derogation for Greece and the Canary Islands should not have a negative effect upon the market in gas oil intended for marine use and given that exports of gas oil for marine use from Greece and the Canary Islands to the other member States should satisfy the requirements in force in the importing Member State; whereas Greece and the Canary Islands should be afforded a derogation from the limit value of 0.1% sulphur by weight for gas oil used for marine purposes;

(Amendment 13)

Recital 18a (new)

>Original text>

>Text following EP vote>

(18a) Whereas the Community will be advocating more effective protection of areas sensitive to SOx emissions and the reduction of the normal limit value for bunker fuel oil (from the present 4.5%) at the continuing and future negotiations on the MARPOL Convention within the International Maritime Organization (IMO); whereas the Community initiatives to have the North Sea/Channel declared a special low SOx emission control area should be continued;

(Amendment 14)

Recital 18b (new)

>Original text>

>Text following EP vote>

(18b) Whereas more profound research into the effects of acidification on ecosystems and the human body is needed; whereas one of the main aims of such research should be to determine which particles, depending on size, mass or number, are particularly prejudicial to health; whereas such new tasks as the improvement of flue-gas desulphurization and the development of catalysts for ships and of efficient exhaust-gas purification systems for motor vehicles (deNOx catalyst) should be formulated for applied research, as for climate and marine research; whereas the European Community is assisting such research under the 5th Framework Research Programme;

(Amendment 15)

Recital 20

>Original text>

(20) Whereas Member States should establish the appropriate mechanisms for monitoring compliance with the provisions of this Directive; whereas regular reports on the sulphur content of liquid fuels should be submitted to the Commission;

>Text following EP vote>

(20)

Whereas Member States are to establish the appropriate mechanisms for monitoring compliance with the provisions of this Directive; whereas regular reports on the sulphur content of liquid fuels are to be submitted to the Commission;

(Amendment 16)

Article 2(2a) (new)

>Original text>

>Text following EP vote>

2a. 'Marine diesel oils' means a mixture of gas oils and minor amounts of heavier oils which is used for inland and seagoing ships and vessels, and of which, because of the blending, less than 85% by volume (including losses) distils at 350 °C. The maximum viscosity of the mixture shall not exceed 14.0 cST at 40°C.

(Amendment 17)

Article 2(2b) (new)

>Original text>

>Text following EP vote>

2b. 'Bunker fuel oils' means fuel oils, other than marine diesel oils, used for inland and seagoing ships and vessels.

(Amendment 18)

Article 3(1)

>Original text>

1. Member States shall take all necessary steps to ensure that as from 1 January 2000within their territory heavy fuel oils cannot be used if their sulphur content exceeds 1 % by weight.

>Text following EP vote>

1.

As from 1 January 1999 heavy fuel oils shall not be used in the territory of the European Community if their sulphur content exceeds 1 % by weight.

(Amendment 19)

Article 3(2)

>Original text>

2. Provided that the air quality standards for sulphur dioxide laid down in Council Directive 80/779/EEC and other relevant Community provisions are respected and the contribution to transboundary pollution is negligible, a Member State may authorize heavy fuel oils with a sulphur content between 1 and 2,5 % by weight to be used in part or the whole of its territory.

>Text following EP vote>

2.

Provided that the air quality standards for sulphur dioxide laid down in Council Directive 80/779/EEC and other relevant Community provisions are respected and the contribution to transboundary pollution is negligible - the Member State concerned must show the Commission that such a deviation will not impede compliance with Community law on air quality, including Directive 96/62/EC -, a Member State may authorize heavy fuel oils with a sulphur content between 1 and 2,0 % by weight to be used in part or the whole of its territory from 1 January 2000.

(Amendment 20)

Article 3(3), 1st and 2nd subparagraphs

>Original text>

3. Paragraphs 1 and 2 shall not apply to heavy fuel oils used in combustion plants with a thermal input equal to or greater than 50 MW which are considered new plants in accordance with the definition given in Article 2.9 of Directive 88/609/EEC and which comply with the sulphur dioxide emission limits for such plants set out in article of and Annex IV to that Directive.

Paragraphs 1 and 2 shall not apply to heavy fuel oils used in combustion plants and industrial cement plants other than those mentioned above, if the emissions of sulphur dioxide from the plant are less than or equal to 1700 mg SO2/Nm3.

>Text following EP vote>

3.

Paragraphs 1 and 2 shall not apply to heavy fuel oils used in combustion plants or industrial cement plants or internally in refineries if it can be guaranteed by appropriate measures, to be controlled by the competent authorities, that the concentrations of sulphur dioxide emissions are not higher than those resulting from the application of paragraph 1.

(Amendment 21)

Article 3(5)

>Original text>

5. If a Member State avails itself of the possibilities referred to in paragraphs 2 or 3, it shall, at least 12 months beforehand, inform the Commission and the public. The Commission shall be given sufficient information to assess whether the criteria mentioned in paragraphs 2 or 3 respectively are met. The Commission shall inform the other Member States. Within six months of the date on which it receives the information from the Member State, the Commission shall examine the measures envisaged to ensure that they comply with this Directive and with other provisions of Community law and shall communicate its decision to the Member States.

>Text following EP vote>

5.

If a Member State avails itself of the possibilities referred to in paragraphs 2 or 3, it shall, at least 12 months beforehand, inform the Commission and the public. The Commission shall be given sufficient information to assess whether the criteria mentioned in paragraphs 2 or 3 respectively are met. The Commission shall inform the other Member States and the European Parliament. Within six months of the date on which it receives the information from the Member State, the Commission shall examine the measures envisaged to ensure that they comply with this Directive and with other provisions of Community law and shall communicate its decision to the Member States and the European Parliament .

(Amendment 22)

Article 3a (new)

>Original text>

>Text following EP vote>

Article 3a

Maximum sulphur content in bunker fuel oil

Member States shall take all necessary steps to ensure that, within their territory and waters, bunker fuel oils cannot be marketed or used if their sulphur content exceeds 1,5% by weight as from 1 January 2000.

(Amendment 23)

Article 3b (new)

>Original text>

>Text following EP vote>

Article 3b

Maximum sulphur content in marine diesel oil

Member States shall take all necessary steps to ensure that, within their territory and waters, marine diesel oils cannot be marketed or used if their sulphur content exceeds 1,5% by weight as from 1 January 2000.

(Amendment 24)

Article 4(1)

>Original text>

1. Member States shall take all necessary steps to ensure that as from 1 January 1999 within their territory and waters, gas oils, including gas oils for marine use, cannot be used if their sulphur content exceeds 0,2 % by weight.

>Text following EP vote>

1.

As from 1 January 1999 gas oils, including gas oils for marine use, shall not be used within the territory of the European Community if their sulphur content exceeds 0,1 % by weight.

(Amendment 25)

Article 5

>Original text>

If, as a result of a sudden change in the supply of crude oil or petroleum products, it becomes difficult for a Member State to apply the limits on the maximum sulphur content referred to in Articles 3 and 4, that Member State shall inform the Commission thereof. The Commission may authorize a higher limit to be applicable within the territory of that Member State for a period not exceeding six months and shall notify its decision to the Council and the Member States. Any Member State may refer that decision to the Council within one month. The Council, acting by a qualified majority, may adopt a different decision within two months.

>Text following EP vote>

If, as a result of a sudden change in the supply of crude oil or petroleum products, it becomes difficult for a Member State to apply the limits on the maximum sulphur content referred to in Articles 3

, 3a, 3b and 4, that Member State shall inform the Commission thereof. The Commission may authorize a higher limit to be applicable within the territory of that Member State for a period not exceeding six months and shall notify its decision to the Council, the European Parliament and the Member States. Any Member State may refer that decision to the Council within one month. The Council, acting by a qualified majority and after consulting the European Parliament, may adopt a different decision within two months

(Amendment 26)

Article 6(1)

>Original text>

1. Member States shall take all the necessary measures to check by sampling that the sulphur content of fuels used complies with Articles 3 and 4. The sampling shall commence within six months of the date on which the relevant limit for maximum sulphur content in the fuel comes into force. It shall be carried out with sufficient frequency and in such a way that the samples are representative of the fuel examined.

>Text following EP vote>

1.

Member States shall take all the necessary measures to check by sampling that the sulphur content of fuels used complies with Articles 3, 3a, 3b and 4. The sampling shall commence within six months of the date on which the relevant limit for maximum sulphur content in the fuel comes into force. It shall be carried out with sufficient frequency and in such a way that the samples are representative of the fuel examined.

(Amendment 27)

Article 6(2)(a)

>Original text>

(a) ISO method 8754(1992) for heavy fuel oil and marine diesel oil;

>Text following EP vote>

(a)

ISO method 8754(1992) for heavy fuel oil, bunker fuel oil and marine diesel oil;

(Amendment 28)

Article 7(2)

>Original text>

2. On the basis inter alia of the annual reports submitted in accordance with paragraph 1 and the observed trends in air quality and acidification, the Commission shall, by 31 December 2003, submit a report to the Council. The Commission may submit with its report proposals aimed at revising this Directive and in particular the limit values laid down for each fuel category and the exceptions and derogations provided for in Article 3(2), Article 3(3) and Article 4(2).

>Text following EP vote>

2.

On the basis inter alia of the annual reports submitted in accordance with paragraph 1 and the observed trends in air quality and acidification, the Commission shall, by 31 December 2003, submit a report to the Council and the European Parliament. The Commission may submit with its report proposals aimed at revising this Directive and in particular the limit values laid down for each fuel category and the exceptions and derogations provided for in Article 3(2), Article 3(3) and Aticle 4(2).

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (COM(97)0088 - C4-0283/97 - 97/0105(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council COM(97)0088 - 97/0105(SYN) ((OJ C 190, 21.6.1997, p. 9.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0283/97),

- whereas the legal basis proposed is inappropriate; whereas reference should be made to Article 100a of the Treaty,

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Research, Technological Development and Energy and the Committee on Legal Affairs and Citizens' Rights (A4-0174/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.