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
Date: 1994-06-02
Institutions: European Commission
Subjects: International Maritime Organisation, international convention, international standard, oil pollution, prevention of pollution, tanker

COMMISSION OF THE EUROPEAN COMMUNITIES 

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 

(presented by the Commission pursuant  to Article  189 A (2) 
of the EC-Treaty) 

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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) 

ii) 

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. 

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 
incor 
every  oil  tanker.  The  feature  of  the  alternative  system  is  that  it  is  easier  to 
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-

R e c i t al  8 

Whereas  the charging of dues on the 
volume  of  the  segregated  ballast 
tanks  of  oil  tankers  is  an 
operational  disadvantage  for  those 
who  have  taken  an  important  step 
towards a cleaner environment; 

Whereas in particular the charging of 
dues on the tonnage of oil tankers' 
segregated ballast tanks not used for 
the  carriage  of  cargo  is  an 
unjustifiable financial  surcharge on 
those  who  have  taken  an  important 
step towards a cleaner environment; 

Recital 9 

Whereas,  for  economic  reasons, 
individual  harbour  authorities  are 
reluctant to be put in a competitive 
disadvantage  if  they  were  the  only 
ones enacting the IMO Resolution; 

Whereas,  for.  economic  reasons, 
individual  harbour  authorities  must 
not  be  put  a_t  a  competitive 
disadvantage if they are prepared to 
enact the IMO Resolution; 

-Original  text-

-Amended  text-

R e c i t al  12 

of 

Whereas for the purpose of the 
protection 
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; 

of 

Whereas for the purpose of the 
protection 
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 
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; 

Resolution, 

that 

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 
Tonnage 
Certificate  (1969). 

International 

the 

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 
Tonnage 
Certificate (1969) of the vessel. 

International 

the 

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 

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