Amended proposal for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC
Date: 1998-07-08
Institutions: European Commission
Subjects: air quality, fuel, prevention of pollution, quality of the environment, sulphur

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels, 08.07.1998 
COM(1998) 385  final 

97/105 (SYN) 

Amended proposal for a 

COUNCIL  DIRECTIVE 

relating to a reduction of the sulphur content of certain liquid  fuels 

and amending Directive 93/12/EEC 

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

EXPLANATORY  xMEMORANDUM 

1) On  12 March  1997, the Commission  adopted  a proposal  for  a Council  Directive  relating 
to  a  reduction  of  the  sulphur  content  of  certain  liquid  fuels  and  amending  Directive 
93/12/EEC. 

This proposal,  one of the  eleven  actions  identified  in the  Communication  on a  Strategy 
to  combat  Acidification,  aims  to  reduce  the  emissions  of  sulphur  dioxides  (S02)  by 
placing maximum  limit values on the sulphur content of certain liquid fuels  (heavy  fuels 
oils  from  1 January  2000  and  gasoils  from  1 January  1999). The proposal  is based  on 
the  results  of  cost  effectiveness  studies  but  takes  into  consideration  under  the  form  of 
derogation,  the  necessary  flexibility  for  regions  where  air  quality  objectives  are 
respected  and  where  emissions  of  sulphur  dioxides  do  not  contribute  significantly  to 
problems of  acidification. 

Unnecessary  overlap  between  the  current  proposal  and  the  provisions  of  Directive 
88/609/EEC on large combustion  plants was also  integrated. 

The  legal  basis  proposed  (Article  130S)  will  allow  for  Member  States  who  need  to  do 
so, to require more stringent  limit values on the sulphur content of these liquid  fuels. 

Certain  liquid fuels  (bunker fuels,  aviation kerosene) were not proposed  for regulation at 
this  stage  pending,  respectively,  the  outcome  of  the  Convention  on  Marine  Pollution 
(MARPOL)  revision  or  taking  into  account  the  marginal  contribution  to  the  sulphur 
dioxides emissions. 

Finally,  the  proposal  foresees  a  general  review  process  of  the  provisions  by  31 
December  2003. 

2)  The  Economic  and  Social  Committee  adopted  its  opinion  on  1  October  1997.  This 

opinion was globally supportive of  the Commission's proposal. 

3)  The  Committee  of  the  Regions  adopted  its  opinion  on  11  November  1997.  This 

opinion was globally very supportive of  the Commission's  proposal. 

4)  Out  of  the  28  amendments  adopted  by  the  Parliament,  the  Commission  can  accept  16 

amendments totally, partially, or in principle. 

The Commission can accept: 

in their entirety, amendments  2, 3 (second  part), 5 (first  part),  8,  13, 14,  15 (first  part), 
19 (first  part), 28 

partially, amendments  16,  17, 23, 27 

in  principle,  amendments  3  (first  part),  5  (second  part),  6,  9  (first  part),  15  (second 
part), 26. 

In  particular  as  concerns  amendments  6,  13,  17  and  23  concerning  the  use  of  heavy 
bunker fuels  by ships, the Commission intends: 

- 

to  take  steps  to  ensure  that  a  co-ordinated  position  of  the  Community  and  its  Member 
States  can  be  put  forward  at  the  43rd  meeting  of  the  Marine  Environment  Protection 
Committee  of  the  International  Maritime  Organisation  in  June  1999  with  a  view  to 
ensure  the  designation  of  the  North  Sea  and  the  Channel  as  well  as  of  any  other 
European  seas  in such  need  as areas  sensitive  to air  pollution 

-  to  consider  any  Community  measures  that  could  be  taken  to  reduce  the  contribution  to 
acidification  of  the  combustion  of  marine  fuels  other  than  marine  gasoils  and  if 
appropriate,  make  a proposal  by  the  end  of  2000. 

The  present  proposal  therefore  is modified  accordingly. 

5)  The  remaining  amendments  have  not  been  accepted  by  the  Commission  (amendments  1, 

4,  7, 9 (second  part),  10,  11,  12,  18,  19 (second  part), 20, 21, 22, 24, 25). 

The  Commission  proposal  is  based  on  Article  130S  of  the  Treaty  since  the  goal  is  the 
protection  of  the  environment  and  human  health  through  the  reduction  of  sulphur 
dioxides  emissions  associated  with  the  sulphur  content  of certain  fuels.  The  amendment 
for  a  change  of  the  legal  base 
is  incompatible  with  the  cost  effectiveness  approach 
adopted.  In  addition,  it  might  leave  Austria  and  Finland  in  a  difficult  situation  due  to 
the  expiry  of  their  current  derogation  to  maintain  stricter  limit  values  for  gasoils  until 
the  end  of  this  year.  Accordingly,  the  Commission  cannot  accept  amendments  1,  4,  7, 
11,22. 

The  Commission  proposal  is  based  on  an  extensive  assessment  of the  cost  effectiveness 
of  measures  which  could  contribute  to  the  reduction  of  the  acidification  problems.  It  is 
therefore  not  necessary  to  increase  the  severity  of the  sulphur  content  of the  liquid  fuels 
proposed  for  regulation.  In  addition,  Member  States  who  need  to  do  so  may  always 
apply  a stricter  sulphur  limit  under  the  legal  basis  proposed. 

Accordingly,  the  Commission  cannot  accept  amendments  10,  12,  19  (second  part).,  24 
(second  part). 

to 

take 

into  consideration 

The  Commission's  proposal  aims  to  treat  all  the  industrial  sectors  on  an  equal  footing 
and 
for  compliance  with  environmental 
requirements  present  in  current  Directives,  in  particular  Directive  88/609/EEC  dealing 
with  the  large  combustion  plants.  The  amendment  20  would  be  a  privileged  treatment 
for  the  refineries  sector  and  an  environmental  step  back  since  a  stricter  average 
emission  limit  value  for  some  combustion  plants  in  refineries  is  already  in  force  today 
in  Directive  88/609/EEC. 

the  need 

Accordingly,  the  Commission  cannot  accept  amendment  20. 

The  Community  framework  for  the  application  of  economic  instruments  of  a  fiscal 
nature  in  order  to  encourage  cleaner  fuels  through  differentiated  excise  duties  is 
established  under  Directive  92/81/EEC.  Other  economic  instruments  of  different  nature 
could  be  assessed  by  the  Commission  in  its  general  review  by  end  2003.  Accordingly, 
the  Commission  cannot  accept  amendment  9 (second  part). 

The  Commission  considers  that  the  information,  notification  or  consultation  issues 
between  Institutions  represent  horizontal  issues  related  to  Comitoiogy  which  it  would 
not be appropriate to deal with in the context of this proposal. 

Accordingly, the Commission cannot accept amendments 21 and 25. 

The  Commission  considers  that  its reference  to the territory  and waters  of the  Member 
States  avoids  any  unnecessary 
legal  disputes  compared  with  other  definitions. 
Accordingly, the Commission  cannot accept amendments  18 (second  part) and 24  (first 
part). 

The  Commission  proposed  dates  of application  for  the  regulated  fuels  which  took  into 
account  the  appropriate  lead  time  for  the  industries  concerned.  The  introduction  of  a 
reduced  sulphur content  in heavy fuel  oil by  1999 would not be realistic. 

Accordingly, the Commission cannot accept amendment  18 (first  part). 

AMENDED  PROPOSAL 

for  a  Council  Directive  relating  to a reduction  of the  sulphur  content  of  certain  liquid 
fuels  and  amending  Directive  93/12/EEC 

Text  proposed  by  the  Commission(') 

Amended  proposal 

(Amendment  2) 

Recital  7 

(7)  Whereas 

to 

and 

foresees 

Member 

Protocol 

pollution 

the  Community 

second  UN-ECE 

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

to  be 
areas; 

is  based  on 

exceeded 

whereas 

reduce 

fifth 

the 

to 

in 

in 

(7)  Whereas 

to 

and 

Member 

the  Community 

the 
individual 
States 
are 
Contracting  Parties 
the  UN-ECE 
Long-Range 
on 
Convention 
Transboundary  Air  Pollution;  whereas 
under  the  protocol  on  further  reduction 
of  sulphur  emissions  established  under 
convention.  Contracting  Parties 
that 
should  make  significant 
in 
emissions  of  sulphur  dioxide; 

reductions 

0  O JC  190. 21.6.1997.  p. 9. 

(Amendment 3) 

Recital 9a (new) 

shown 

reducing 

studies  have 
from 

that 
(9a)  Whereas 
benefits 
sulphur 
emissions  by  reductions  in  the  sulphur 
content  of  fuels  will  be  considerably 
greater 
to 
industry  in this proposal  and whereas the 
technology  exists  and is well  established 
for  reducing  the  sulphur  level  of  liquid 
fuels; 

the  estimated  costs 

than 

(Amendment  5) 

Recital  10a (new) 

(10a) Whereas 

in 

for 

lower 

limits 

Council 

Directive 
93/12/EEC the Commission  was asked 
to  submit  to  the  Council  a  proposal 
prescribing 
the 
sulphur  content  in  gas  oil  and  new 
for  aviation  kerosene  and 
limits 
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, on 
the basis of cost effectiveness  studies; 

(Amendment 6) 

Recital 11 

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

territory  of 

(11)  Whereas  it  should  only  be  possible  to 
use gas oils, marine  gas oils, bunker  fuel 
the 
oils  and  heavy  fuel  oils  within 
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;  whereas  the  Commission 
should  examine the  questions  relating  to 
bunker  fuel  oils  and,  if  appropriate, 
make proposals by 2000; 

(Amendment 8) 

Recital  12a (new) 

(12a) Whereas 

sulphur 

emissions 

from 
shipping  due  to  the  combustion  of 
bunker  fuels  with  a  high  sulphur 
content  contribute  to  sulphur  dioxide 
pollution 
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; 

problems 

and 

(Amendment 9) 

Recital  13a (new) 

(13a) Whereas 

to 

facilitate 

in  order 

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 
differentiated 
charges 
of  harbour 
according  to the sulphur  content  of the 
fuels  used  by  visiting  ships;  whereas 
the  Commission  should  examine  this 
in  the  context  of  the  review  of  this 
directive; 

(Amendment  13) 

Recital  18a (new) 

(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 
(IMP); 
Organization 
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) 

such 

effects 

research 

such  new 

should  be 

acidification 

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

tasks  as 

(deNOx 

of 

(Amendment  15) 

Recital 20 

appropriate  mechanisms 
compliance  with 

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

appropriate  mechanisms 
compliance  with 

(20)  Whereas  Member  States  are  to  establish 
for 
the 
monitoring 
the 
provisions  of  this  Directive;  whereas 
reports  on  the  sulphur  content  of  liquid 
fuels  are 
the 
Commission: 

to  be  submitted 

to 

(Amendment  16) 

Article 2(2a) (new) 

2a. 

'Marine  gas  oils7  shall  mean 
fuels 
intended  for  marine  use  which  meet  the 
the  definition  in  Article  2.2  or  which 
have a viscosity  or densitv  falling  within 
the ranges of viscosity or density  defined 
for  marine  distillates  in  table  1  of  ISO 
8217(1996). 

(Amendment  19) 

Article 3(2) 

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 
is 
negligible,  a  Member  State  may  authorize 
fuel  oils  with  a  sulphur  content 
heavy 
between  1 and  2.5  % by weight  to  be used  in 
part or the whole of its territory. 

to  transboundary  pollution 

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/EEC  -.  a  Member  State  may  authorize 
fuel  oils  with  a  sulphur  content 
heavy 
between  1 and  2.5  % by  weight  to  be  used  in 
part of the whole of its territory. 

(Amendment  26) 

Article 6(1) 

shall 

take  all 

1.  Member  States 
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. 

shall 

take  all 

1.  Member  States 
the 
necessary  measures to check  by  sampling  that 
the  sulphur  content  of  fuels  used  complies 
with  Articles  3and  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) 

(a) 

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

(a) 

ISO  method  8754(1992)  and  prEN  ISO 
14596  for  heavy  fuel  oiL_and  marine 
gasoil; 

(Amendment 28) 

Article 7(2) 

submitted 

2.  On  the  basis  inter  alia  of  the  annual 
reports 
accordance  with 
in 
paragraph  1  and  the  observed  trends  in  air 
the  Commission 
quality  and  acidification, 
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). 

2.  On  the  basis  inter  alia  of  the  annual 
reports  submitted  in accordance  with  paragraph 
1  and  the  observed  trends  in  air  quality  and 
the  Commission  shall,  by  31 
acidification, 
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 Article 4(2). 

11 

(Amendments  17 and 23) 

Article 7 (3) 

taken 

3.  The  Commission  shall  consider  which 
measures  could  be 
the 
contribution to  acidification  of the  combustion 
of  marine  fuels  other  than  those  specified  in 
Article  2.2  (a)  and,  if  appropriate,  make  a 
proposal by the end of  2000. 

reduce 

to 

12 

ISSN 0254-1475 

COM(98) 385  final 

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