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Brussels, 17.05.2005

COM(2005) 212 final

2002/0259 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2002/0259 (COD)

OPINION OF THE COMMISSIONpursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,on the European Parliament's amendmentsto the Council's common position regarding theproposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 1999/32/EC as regards the sulphur content of marine fuels

1. Background

Procedure

- On 20 November 2002 the Commission submitted a proposal for a Directive of the European Parliament and of the Council[1] amending Directive 99/32/EC as regards the sulphur content of marine fuel for adoption by co-decision procedure as laid down in Article 251 of the EC Treaty.

- The European Economic and Social Committee delivered its Opinion on 14 May 2003.

- The European Parliament adopted its position on first reading on 4 June 2003.

- The Council adopted its Common Position on 9 December 2004.

- The European Parliament adopted its position on second reading on 13 April 2005.

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Objective of the Commission proposal

The aim of the proposal is to reduce the sulphur content of marine fuel, thereby reducing the impact of ships’ emissions of sulphur dioxide (SOx) and particulate matter on acidification and human health. The Common Position included the following sulphur limits:

- 1.5% S limit for fuel used by all ships in the Baltic Sea (2006), North Sea & Channel (2007), in line with the SOx Emission Control Areas agreed at the International Maritime Organization;

- 1.5% S limit for fuel used by passenger vessels on regular services to/from any EU ports (2006);

- 0.1% S limit for fuel used by inland vessels and ships at berth in EU ports (2010).

2. COMMISSION COMMENTS

2.1. General

At its plenary session of 13 April 2005, the European Parliament adopted 13 amendments, out of the 32 amendments that were tabled.

The 13 amendments adopted by the Parliament were all part of a compromise package agreed with the Council. They do not change the fuel sulphur limits agreed in the Common Position. The Commission can accept all of the amendments in full.

2.2. Detailed comments

2.2.1. Amendments accepted

The Commission accepts the following amendments concerning recitals: amendments 1 and 2 (minor rewording of the environmental and health justifications for directive); 3 (deletion of unnecessary text in relation to national emissions ceilings); 23 (calling for more efforts to be made to find international solutions); 24 (indicating the directive is the first step in an ongoing process); and 25 (strengthening existing text on the availability of low sulphur fuel).

With regard to the substantive provisions, the Commission accepts the following amendments:

- amendment 26 , clarifying the entry into force date for the North Sea SOx Emission Control Area;

- amendments 27 and 28 , reflecting International Maritime Organization (IMO) requirements to help ensure the availability of compliant fuel;

- amendment 29 , exempting ships which use shore-side electricity from the 0.1% fuel sulphur limit at berth;

- amendment 30 , requiring continuous emissions reductions and monitoring for ships using exhaust gas cleaning as an alternative means of compliance;

- amendment 31 , requiring the Commission review in 2008 to consider proposals to designate new IMO SOx Emission Control Areas in EU seas, and to reduce the sulphur limit in these areas down to a possible 0.5%, taking into account technological developments and a cost-effectiveness analysis; and

- amendment 32 , stating that with its review, the Commission may consider submitting proposals on economic instruments as alternative or complementary measures.

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2.3. Amended proposal

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.

[1] COM(2002)595 final (2002/0259 (COD))