COMMON POSITION (EC) No 61/98 adopted by the Council on 6 October 1998 with a view to adopting Council Directive 98/.../EC of ... relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC
Date: 1998-10-06
Institutions: Council of the European Union
Subjects: air quality, diesel fuel, fuel, international standard, pollution control, sulphur

C 364/20

EN

Official  Journal  of  the  European  Communities

25.11.98

COMMON  POSITION  (EC)  No  61/98

adopted  by  the  Council  on  6  October  1998

with  a  view  to  adopting  Council  Directive  98/. . ./EC  of  . . .  relating  to  a  reduction  in  the
sulphur  content  of  certain  liquid  fuels  and  amending  Directive  93/12/EEC

(98/C 364/04)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Having  regard  to  the  proposal  form  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (3),

the 

(1) Whereas  the  objectives  and  principles  of  the
Community’s environmental policy as set out in the
action  programmes  on  the  environment  and  in
particular 
Fifth  Environmental  Action
Programme (4)  on  the  basis  of  principles  enshrined
in  Article  130r  of  the  Treaty,  aim  in  particular  to
ensure  the  effective  protection  of  all  people  from
the recognised risks from sulphur dioxide emissions
and  to  protect  the  environment  by  preventing
sulphur  deposition  exceeding  critical  loads  and
levels;

(2) Whereas  Article  129  of  the  Treaty  provides  that
health  protection  requirements  are  to  form  a
constituent  part  of  the  Community’s  other  policies;
whereas  Article  3(o)  of  the  Treaty  also  provides
that the activities of the Community should include
a  contribution  to  the  attainment  of  a  high  level  of
health  protection;

(3) Whereas  emissions  of  sulphur  dioxide  contribute
significantly  to  the  problem  of  acidification  in  the
Community;  whereas  sulphur  dioxide  also  has  a
direct  effect  on  human  health  and  on 
the
environment;

(4) Whereas  acidifications  and  atmospheric  sulphur
dioxide  damage 
reduce
sensitive 
biodiversity  and  reduce  amenity  value  as  well  as

ecosystems, 

(1) OJ  C  190,  21.6.1997,  p.  9.
(2) OJ  C  355,  21.11.1997,  p.  1.
(3) Opinion  of  the  European  Parliament  of  13  May  1998  (OJ
C  167,  1.6.1998,  p.  117),  Council  Common  Position  of
6  October  1998  and  Decision  of  the  European  Parliament
of  . . .  (not  yet  published  in  the  Official  Journal).

(4) OJ  C  138,  17.5.1993,  p.  5.

detrimentally  affecting  crop  production  and  the
growth of forests; whereas acid rain falling in cities
may  cause  significant  damage  to  buildings  and  the
architectural  heritage;  whereas  sulphur  dioxide
pollution  may  also  have  a  significant  effect  upon
human  health,  particularly  among  those  sectors  of
the  population  suffering  from  respiratory  diseases;

(5) Whereas 

acidification 

transboundary
phenomenon  requiring  Community  as  well  as
national  or  local  solutions;

is 

a 

(6) Whereas emissions of sulphur dioxide contribute to
the
formation  of  particulate  matter 

in 

the 
atmosphere;

(7) Whereas 

the 

the 

the  Community  and 

individual
Member  States  are  Contracting  Parties  to  the
UN-ECE Convention of Long-Range Transboundary
Air  Pollution;  whereas 
second  UN-ECE
Protocol  on  transboundary  pollution  by  sulphur
dioxide foresees that the Contracting Parties should
reduce  sulphur  dioxide  emissions  in  line  with  or
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
the  Fifth  Environmental  Action
objectives 
Programme 
respected;  whereas
Contracting  Parties  should  therefore  make  further
significant  reductions 
in  emissions  of  sulphur
dioxide;

to  be 

are 

in 

(8) Whereas sulphur which is naturally present in small
quantities  in  oil  and  coal  has  for  decades  been
recognised  as  the  dominant  source  of  sulphur
dioxide emissions which are one of the main causes
of  acid  rain  and  one  of  the  major  causes  of  the  air
pollution experienced in many urban and industrial
areas;

(9) Whereas  the  Commission  has  recently  published  a
Communication  on  a  cost-effective  strategy  to
combat  acidification  in  the  Community;  whereas
the control of sulphur dioxide emissions originating
from  the  combustion  of  certain  liquid  fuels  was
identified  as  being  an  integral  component  of  this
cost-effective  strategy;  whereas  the  Community
recognises the need for measures regarding all other
fuels;

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Official  Journal  of  the  European  Communities

C 364/21

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

(11) Whereas, 

in  conformity  with  the  principle  of
subsidiarity  and  the  principle  of  proportionality
referred  to  in  Article  3(b)  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;  whereas
unconcerted  action  offers  no  guarantee  of
achieving 
is  potentially
counterproductive  and  will  result  in  considerable
uncertainty  in  the  market  for  the  fuel  products
affected;  whereas,  in  view  of  the  need  to  reduce
sulphur dioxide emissions across the Community, it
is therefore 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;

the  desired  objectiv, 

(12) Whereas 

in  Council  Directive  93/12/EEC  of
23  March  1993  relating  to  the  sulphur  content  of
certain liquid fuels (1) 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;  whereas  it  would  be
appropriate  to  lay  down  limits  for  the  sulphur
content  of  other  liquid  fuels,  in  particular  heavy
fuels oils, bunker fuels oils, marine gas oils and gas
oils,  on  the  basis  of  cost  effectiveness  studies;

(13) 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;  whereas  such
measures  must  be  compatible  with  the  Treaty  and
should  be  notified  to  the  Commission;

(14) Whereas  a  Member  State,  before  introducing  new,
more  stringent  protective  measures,  should  notify
the  draft  measures 
in
to 
accordance  with  Council  Directive  83/189/EEC  of
28  March  1983  laying  down  a  procedure  for  the
provision  of  information  in  the  field  of  technical
standards  and  regulations (2);

the  Commission 

(15) Whereas,  with  regard  to  the  limit  on  the  sulphur
content  of  heavy  fuel  oil,  it  is  appropriate  to

(1) OJ  L  74,  27.3.1993,  p.  81.
(2) OJ  L  109,  26.4.1983,  p.  8.  Directive  as  last  amended  by
Commission  Decision  96/139/EC  (OJ  L  32,  10.2.1996,
p.  31).

provide  for  derogations  in  Member  States  and
regions  where  the  environmental  conditions  allow;

(16) Whereas,  with  regard  to  the  limit  on  the  sulphur
content  of  heavy  fuel  oil,  it  is  also  appropriate  to
provide for derogations for their use in combustion
plants  which  comply  with  the  emission 
limit
values  laid  down  in  Council  Directive  88/609/EEC
of  24  November  1988 (3)  on  the  limitation  of
emissions  of  certain  pollutants  into  the  air  from
large combustion plants; whereas in the light of the
forthcoming  revision  of  Directive  88/609/EEC,  it
may  be  necessary  to  review  and,  if  appropriate,  to
revise  certain  provisions  of  this  Directive;

(17) Whereas  for  refinery  combustion  plants  excluded
from the scope of Article 3(3)(i)(c) of this Directive
the  emissions  of  sulphur  dioxides  averaged  over
such  plants  should  not  exceed  the  limits  set  out  in
Directive 88/609/EEC or any future revision of that
Directive;  whereas, 
in  the  application  of  this
Directive,  Member  States  should  bear  in  mind  that
substitution  by  fuels  other  than  those  under
Article  2  should  not  produce  an 
in
emissions  of  acidifying  pollutants;

increase 

(18) Whereas  a  limit  value  of  0,2 %  for  the  sulphur
content  of  gas  oils  has  already  been  established
under  Directive  93/12/EEC;  whereas  that  limit
value  should  be  changed  to  0,1 %  until  1  January
2008;

(19) Whereas,  in  accordance  with  the  1994  Act  of
Accession,  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;

(20) Whereas  the  limit  values  of  0,2 %  (from  the  year
2000)  and  of  0,1 %  (from  the  year  2008)  for  the
sulphur content of gas oils intended for marine use
in  sea-going  ships  may  present  technical  and
economic  problems  for  Greece  throughout 
its
territory,  for  Spain  with  regard  to  the  Canary
Islands,  for  France  with  regard  to  the  French
Overseas  Departments,  and  for  Portugal  with
regard to the archipelagoes of Madeira and Azores;
whereas  a  derogation  for  Greece,  the  Canary
Islands,  the  French  Overseas  Departments  and  the
Archipelagoes  of  Madeira  and  Azores  should  not
have  a  negative  effect  upon  the  market  in  gas  oil
intended  for  marine  use  and  given  that  exports  of

(3) OJ  L  336,  7.12.1988,  p.  1.  Directive  as  last  amended  by

Directive  94/66/EC  (OJ  L  337,  24.12.1994,  p.  83).

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25.11.98

gas  oil  for  marine  use  from  Greece,  the  Canary
Islands,  the  French  Overseas  Departments  and  the
Archipelagoes  of  Madeira  and  Azores  to  other
Member  States  should  satify  the  requirements  in
force  in  the  importing  Member  State;  whereas
Greece,  the  Canary  Islands,  the  Fench  Overseas
Departments and the Archipelagoes of Madeira and
Azores  should  therefore  be  afforded  a  derogation
from  the  limit  values  of  sulphur  by  weight  for  gas
oil  used  for  marine  purposes;

(21) 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  the  Community
will  be  advocating  more  effective  protection  of
areas  sensitive  to  SOx  emissions  and  a  reduction  in
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  Organisation  (IMO);
whereas  the  Community  initiatives  to  have  the
North  Sea/Channel  declared  a  special  low  SOx
emission  control  area  should  be  continued;

(22) Whereas more profound research into the effects of
acidification  on  ecosystems  and  the  human  body  is
needed;  whereas  the  Community  is  assisting  such
research  under  the  Fifth  Framework  Research
Programme;

the 

Reductions  in  the  emissions  of  sulphur  dioxide
2.
certain
resulting 
from 
petroleum-derived 
liquid  fuels  shall  be  achieved  by
imposing limits on the sulphur content of such fuels as a
condition for their use within the territory of the Member
States.

combustion 

of 

The 
limitations  on  the  sulphur  content  of  certain
petroleum-derived  liquid  fuels  as  laid  down  in  this
Directive  shall  not,  however,  apply  to:

(a) — petroleum  derived  liquid  fuels  used  by  seagoing
ships,  except  those  fuels  falling  within  the
definition  in  Article  2(3);

— marine  gas  oil  used  by  ships  crossing  a  frontier
between  a  third  country  and  a  Member  State;

(b)

intended 

fuels 
combustion;

for  processing  prior 

to 

final

(c)

fuels  to  be  processed  in  the  refining  industry.

Article  2

Definitions

(23) Whereas  in  the  case  of  a  disruption  in  the  supply
of  crude  oil,  petroleum  products  or  other
hydrocarbons, 
the  Commission  may  authorise
application  of  a  higher  limit  within  a  Member
State’s  territory;

For  the  purpose  of  this  Directive:

1.

‘heavy  fuel  oil’  means

(24) Whereas  Member  States  should  establish 

the
appropriate mechanisms for monitoring compliance
with  the  provisions  of  this  Directive;  whereas
reports  on  the  sulphur  content  of  liquid  fuels
should  be  submitted  to  the  Commission;

(25) Whereas,  for reasons  of  clarity,  it  will be  necessary

to  amend  Directive  93/12/EEC,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Purpose  and  scope

— any  petroleum-derived  liquid  fuel  falling  under

CN  code  2710 00 71  to  2710 00 78,  or

— any  petroleum-derived  liquid  fuel,  other  than  gas
oil as defined in points 2 and 3, which, by reason
of its distillation limits, falls within the category of
heavy  oils  intended  for  use  as  fuel  and  of  which
less than 65 % by volume (including losses) distils
at  250 °C  by  the  ASTM  D86  method.  If  the
distillation 
the
ASTM  D86  method,  the  petroleum  product  is
likewise  categorised  as  a  heavy  fuel  oil;

cannot  be  determined  by 

2.

‘gas  oil’  means

— any  petroleum-derived  liquid  fuel  falling  under

CN  code  2710 00 67  or  2710 00 68,  or

The  purpose  of  this  Directive  is  to  reduce  the
1.
the
emissions  of 
combustion of certain types of liquid fuels and thereby to
reduce the harmful effects of such emissions on man and
the  environment.

sulphur  dioxide 

resulting 

from 

— any  petroleum-derived 

liquid  fuel  which,  by
reason  of  its  distillation  limits,  falls  within  the
category  of  middle  distillates  intended  for  use  as
fuel  and  of  which  at  least  85 %  by  volume
(including 
the
ASTM  D86  method.

losses)  distils  at  350 °C  by 

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Diesel  fuels  as  defined  in  Article  2(2)  of  Directive
98/. . ./EC  of  the  European  Parliament  and  of  the
Council  of  . . .  relating  to  the  quality  of  petrol  and
diesel 
fuels  and  amending  Council  Directive
93/12/EEC (1)  are  excluded  from  this  definition.  Fuels
used  in  non-road  mobile  machinery  and  agricultural
tractors  are  also  excluded  from  this  definition;

Member  States  do  not  contribute  to  critical  loads  being
exceeded  in  any  Member  State.

3.

(i) Subject to appropriate monitoring of emissions by
competent  authorities  paragraphs  1  and  2  shall
not  apply  to  heavy  fuel  oils  used:

3.

4.

5.

6.

‘marine  gas  oil’  means  fuels  intended  for  marine  use
which meet the definition in point 2 or which have a
viscosity  or  density  falling  within  the  ranges  of
viscosity  or  density  defined  for  marine  distillates  in
Table  I  of  ISO  8217  (1996);

‘ASTM  method’  means  the  methods  laid  down  by
the  American  Society  for  Testing  and  Materials  in
the  1976  edition  of  standard  definitions  and
specifications for petroleum and lubricating products;

‘combustion  plant’  means  any  technical  apparatus  in
which  fuels  are  oxidised  in  order  to  use  the  heat
generated;

‘critical 
load’  means  a  quantitative  esitmate  of
exposure  to  one  or  more  pollutants  below  which
significant harmful effects on sensitive elements of the
environment  do  not  occur  according  to  current
knowledge.

Article  3

Maximum  sulphur  content  of  heavy  fuel  oil

1. Member  States  shall  take  all  necessary  steps  to
ensure that as from 1 January 2003 within their territory
heavy  fuel  oils  are  not  used  if  their  sulphur  content
exceed  1,00 %  by  mass.

2.
Provided  that  the  air  quality  standards  for  sulphur
dioxide laid down in Council Directive 80/779/EEC (2) or
in  any  Community  legislation  which  repeals  and  replaces
these standards and other relevant Community provisions
are  respected  and  the  emissions  do  not  contribute  to
critical  loads  being  exceeded  in  any  Member  State,  a
Member  State  may  authorise  heavy  fuel  oils  with  a
sulphur  content  between  1,00  and  3,00 %  by  mass  to  be
used 
its  territory.  Such
authorisation  shall  apply  only  while  emissions  from  a

in  part  or  the  whole  of 

(1) OJ  L  . . .
(2) OJ  L  229,  30.8.1980,  p.  30.  Directive  as  last  amended  by

Directive  91/692/EEC  (OJ  L  377,  31.12.1991,  p.  48).

(a)

(b)

(c)

in  combustion  plants  which  fall  within  the
scope  of  Directive  88/609/EEC,  which  are
considered new plants in accordance with the
definition  given 
in  Article  2(9)  of  that
Directive and which comply with the sulphur
dioxide  emission  limits  for  such  plants  set
out  in  Article  4  of  and  Annex  IV  to  that
Directive;

in other combustion plants, which do not fall
under  the  scope  of  (a),  where  the  emissions
of  sulphur  dioxide  from  the  plant  are  less
than or equal to 1 700 mg/Nm3  at an oxygen
content  in  the  flue  gas  of  3 %  by  volume  on
a  dry  basis;

in  refineries,  where  the
for  combustion 
monthly  average  of  emissions  of  sulphur
dioxide  averaged  over  all  plants 
in  the
refinery  (excluding  combustion  plants  which
fall  under  the  scope  of  (a)),  irrespective
of  the  type  of  fuel  or  fuel  combination  used,
are  within  a 
limit  to  be  set  by  each
Member  State,  which  shall  not  exceed
1 700  mg/Nm3.

(ii) Member  States  shall  take  the  necessary  measures
to  ensure  that  any  combustion  plant  using  heavy
fuel oil with a sulphur concentration greater than
that  referred  to  in  paragraph  1  shall  not  be
operated  without  a  permit  issued  by  a  competent
authority,  which  specifies  the  emission  limits.

4.
The  provisions  of  paragraph  3  shall  be  reviewed
and,  if  appropriate,  revised  in  the  light  of  any  future
revision  of  Directive  88/609/EEC.

If  a  Member  State  avails  itself  of  the  possibilities
5.
referred  to  in  paragraph  2,  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  paragraph  2  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  and,  in  accordance
with  the  procedure  set  out  in  Article  9,  take  a  decision
which  it  shall  communicate  to  the  Member  States.  This
decision  shall  be  reviewed  every  eight  years  on  the  basis
of  information  to  be  provided  to  the  Commission  by  the
Member  States  concerned 
the
procedure  set  out  in  Article  9.

in  accordance  with 

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25.11.98

Article  4

Maximum  sulphur  content  in  gas  oil

1. Member  States  shall  take  all  necessary  steps  to
ensure  that  gas  oils,  including  marine  gas  oils,  are  not
used  within  their  territory  as  from:

— 1  January  2000  if  their  sulphur  content  exceeds

0,20 %  by  mass,

— 1  January  2008  if  their  sulphur  content  exceeds

0,10 %  by  mass.

2.
By  way  of  derogation  from  paragraph  1,  Spain,  for
the  Canary  Islands,  France,  for  the  French  Overseas
Departments,  Greece,  for  the  whole  or  part  of  its
territory,  and  Portugal,  for  the  archipelagoes  of  Madeira
and  Azores  may  authorise  the  use  of  gas  oils  for  marine
use  with  a  sulphur  content  in  excess  of  the  limits  set  out
in  paragraph  1.

Provided  that  the  air  quality  standards  for  sulphur
3.
dioxide  laid  down  in  Directive  80/779/EEC  or  in  any
Community  legislation  which  repeals  and  replaces  these
standards  and  other  relevant  Community  provisions  are
respected  and  the  emissions  do  not  contribute  to  critical
loads  being  exceeded  in  any  Member  State,  a  Member
State  may  authorise  gas  oil  with  a  sulphur  content
between  0,10  and  0,20 %  by  mass  to  be  used  in  part  or
the  whole  of  its  territory.  Such  authorisation  shall  apply
only  while  emissions  from  a  Member  State  do  not
contribute  to  critical 
in  any
Member  State  and  shall  not  extend  beyond  1  January
2013.

loads  being  exceeded 

4.
If  a  Member  State  avails  itself  of  the  possibilities
referred  to  in  paragraph  3,  it  shall,  at  least  12  months
beforehand,  inform  the  Commission  and  the  public.  The
Commissions  shall  be  given  sufficient  information  to
assess  whether  the  criteria  mentioned  in  paragraph  3  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  and,  in  accordance
with  the  procedure  set  out  in  Article  9,  take  a  decision
which  it  shall  communicate  to  the  Member  States.

Article  5

Change  in  the  supply  of  fuels

If,  as  a  result  of  a  sudden  change  in  the  supply  of  crude
it
oil,  petroleum  products  or  other  hydro-carbons, 
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 authorise a higher limit to
be  applicable  within  the  territory  of  that  Member  State
for  a  period  not  exceeding  six  months;  it  shall  notify  its
decisions  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.

Article  6

Sampling and analysis

1. Member  States  shall  take  all  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.

The  reference  method  adopted  for  determining  the

2.
sulphur  content  shall  be  that  defined  by:

(a)

ISO  method  8754  (1992)  and  PrEN  ISO 14596  for
heavy  fuel  oil  and  marine  gas  oil;

(b) EN  method  24260  (1987),  ISO 8754  (1992)  and

PrEN  ISO 14596  for  gas  oil.

The  arbitration  method  will  be  PrEN  ISO 14596.  The
statistical  interpretation  of  the  verification  of  the  sulphur
content  of  the  gas  oils  used  shall  be  carried  out  in
accordance  with  ISO  standard  4259  (1992).

Article  7

Reporting  and  review

1. On  the  basis  of  the  results  of  the  sampling  and
analysis  carried  out 
in  accordance  with  Article  6,
Member  States  shall  by  30  June  of  each  year  supply  the
Commission  with  a  short  report  on  the  sulphur  content
of  the  liquid  fuels  falling  within  the  scope  of  this
Directive  and  used  within  their  territory  during  the
preceding  calendar  year.  This  report  shall  include  a
summary  of  derogations  granted  under  Article  3(3).

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  2006,  submit  a
report  to  the  European  Parliament  and  to  the  Council.
The  Commission  may  submit  with  its  report  proposals
aimed at revising this Directive and in particular the limit
laid  down  for  each  fuel  category  and  the
values 

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exceptions  and  derogations  provided  for  in  Articles  3(2),
3(3),  4(2)  and  4(3).

3.
The  Commission  shall  consider  which  measures
could be taken to reduce the contribution to acidification
of  the  combustion  of  marine  fuels  other  than  those
specified  in  Article  2(3)  and,  if  appropriate,  make  a
proposal  by  the  end  of  2000.

Article  8

Amendments  to  Directive  93/12/EEC

1.

Directive  93/12/EEC  is  amended  as  follows:

(a)

(b)

in  Article  1,  paragraph  1(a)  and  paragraph  2  are
deleted;

in  Article  2,  the  first  subparagraph  of  paragraph  2
and  paragraph  3  are  deleted;

(c) Articles  3  and  4  are  deleted.

2.

Paragraph  1  shall  apply  as  from  1  January  2000.

Article  9

Advisory  Committee

The  Commission  shall  be  assisted  by  a  committee  of  an
advisory  nature  composed  of  the  representatives  of  the
Member  States  and  chaired  by  the  representative  of  the
Commission.

The representative of the Commission shall submit to the
committee  a  draft  of  the  measures  to  be  taken.  The
committee  shall  deliver  its  opinion  on  the  draft,  within  a
time  limit  which  the  chairman  may  lay  down  according
to  the  urgency  of  the  matter,  if  necessary  by  taking  a
vote.

The opinion shall be recorded in the minutes; in addition,
each Member State shall have the right to ask to have its
position  recorded  in  the  minutes.

The  Commission  shall  take  the  utmost  account  of  the
opinion  delivered  by  the  committee.  It  shall  inform  the
committee  of  the  manner  in  which  its  opinion  has  been
taken  into  account.

Article  10

Transposition

Member States shall bring into force the laws, regulations
and  administrative  provisions  necessary  to  comply  with
this  Directive  before  1  January  2000.  They  shall
immediately  inform  the  Commission  thereof.

When  Member  States  adopt  these  provisions,  these  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  at  the  time  of  their
official  publication.  The  procedure  for  such  reference
shall  be  adopted  by  Member  States.

Member States shall communicate to the Commission the
text  of  the  provisions  of  national  law  which  they  adopt
in  the  field  covered  by  this  Directive.

Article  11

Penalties

Member States shall determine the penalties applicable to
breaches  of  the  national  provisions  adopted  pursuant  to
this Directive. The penalties determined must be effective,
proportionate  and  dissuasive.

Article  12

Entry  into  force

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

Article  13

Addressees

This  Directive  is  addressed  to  the  Member  States.

Done  at  . . .

For  the  Council

The  President

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  21  May  1997  the  Commission  forwarded  the  Council  a  proposal,  based  on
Article  130S(1)  of  the  EC  Treaty,  relating  to  a  reduction  of  the  sulphur  content  of
certain  liquid  fuels  and  amending  Directive  93/12/EEC (1).

2. The  European  Parliament  delivered  its  opinion  on  13  May  1998.

3. The  Economic  and  Social  Committee  gave  its  opinion  on  1  October  1997 (2).

4. The  Committee  of  the  Regions  gave  its  opinion  on  19  November  1997 (3).

5. On  6  October  1998,  the  Council  adopted  its  common  position  in  accordance  with

Article  189c  of  the  Treaty.

II. OBJECTIVE

The  aim  of  the  Directive  is  the  protection  of  the  environment  and  human  health  through
the  reduction  of  SO2  emissions  across  the  European  Community  by  placing  restrictions  on
the  sulphur  content  of  certain  liquid  fuel  products  (heavy  fuels  oils  and  gasoils).  The
proposed Directive is one of the actions provided for by the Community strategy to combat
acidification.

III. ANALYSIS  OF  THE  COMMON  POSITION

1. General  comments

In  general  the  Directive  obliges  Member  States  to  ensure  that  the  sulphur  content  of
heavy  fuel  oils  does  not  exceed  1 %  by  mass.  Nevertheless,  the  common  position
provides for derogations in regions where air quality objectives are respected and where
emissions  of  sulphur  dioxides  do  not  contribute  significantly  to  problems  of
acidification.  Certain  liquid  fuels  (bunker  fuels,  aviation  kerosene)  are  not  included  in
this Directive at this stage pending the outcome of the Convention on Marine Pollution
(Marpol);  in  this  context  the  Council  also  approved  a  declaration  that  invites  the
Commission  and  Member  States  to  work  within  the  Marpol  Convention  at  the  43rd
session of IMO’s Marine Environment Protection Committee in 1999 to have the North
Sea  designated  as  a  SOx  emission  control  area.  As  for  the  aviation  kerosene,  it  is
excluded  because  of  its  minor  contribution  to  the  acidification  problem.

2. Specific  comments

The  main  changes  to  the  text  of  the  proposal  are:

Preamble

The  Council  added  a  new  recital  (No  17)  to  ensure  the  coherence  and  compatibility  of
this  Directive  with  the  Large  Combustion  Plant  Directive  (88/609/EEC)  or  any  further
revision of that Directive. Furthermore since this Directive is one of the actions provided
for  by  the  Community  strategy  to  combat  acidification,  in  the  second  part  of  the  same

(1) OJ  C  190,  21.6.1997,  p.  9.
(2) OJ  C  355,  21.11.1997,  p.  1.
(3) OJ  C  64,  27.2.1998,  p.  36.

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recital, the Council wants to call Member States not to increase emissions of acidifying
pollutants  when  using  other  fuels  than  those  under  Article  2.

Articles

— Article  1(2)(a)  scope:

The  common  position  excludes  from  the  scope  the  petroleum  derived  fuels  used  by
the seagoig ships except those fuels falling under the definition in Article 2(3). That
means that the marine gas oils included in the scope are those having a specific range
of  density  and  viscosity  (as  defined  in  Table  I  of  ISO  8217).

— Article  2:

For  the  sake  of  clarity  in  relation  with  the  provisions  under  Articles  3  and  4,  the
definitions of ‘marine gas oil’ (Article 2(3)), of ‘combustion plant’ (Article 2(5)) and
of  ‘critical  load’  (Article  2(6))  have  been  added  to  the  initial  Commission
proposal.

— Article  3(1):

The  Council  consider  that  the  implementation  date  for  Heavy  Fuel  Oil  (HFO)  as
indicated  in  the  initial  Commission  proposal  (the  year  2000)  was  too  close  for  the
specific situation of Member States; the date has consequently been postponed to the
year  2003.

— Article  3(2)  and  (5)  (the  derogation  on  burning  of  HFO):

The  Commission  proposed  a  derogation  allowing  the  burning  of  Heavy  Fuel  Oil
with a sulphur content above 1 % and up to 2,5 % where this would not breach air
quality standards or contribute to acidification. The common position has sharpened
the conditions under which a derogation may be granted, but has amended the text
to  allow  burning  of  HFO  with  up  to  3 %  sulphur.

— Article  3(3)(c):  refinery  ‘bubble’

The  Council  has  considered  that  the  Directive  should  provide  for  refineries  to  have
the  flexibility  to  set  an  overall  emission  limit  averaged  over  all  plants  on  a  refinery
site.  The  common  position  provides  for:

— a  limit  of  1 700  mgSO2/Nm3  for  ‘existing’  plant  on  a  refinery  (Article  3(3)(c)),

— a  limit  of  1 000  mgSO2/Nm3  for  ‘new’  plant  on  a  refinery  (limit  set  by  the

Directive  88/609/EEC,  new  recital  No  17).

— Article  4(1)  and  4(3):  limit  values  for  gasoil

The  Commission  originally  proposed  a  limit  value  of  0,2 %.  The  common  position
has  maintained  this,  but  to  make  the  provision  more  flexible  and  satifying  the
requests  of  Member  States  asking  for  more  severe  limit  values,  it  proposes  in
addition:

— to  introduce  a  second  stage  with  a  more  stringent  standard  of  0,1 %  from

2008,

— to  introduce  a  time  limited  derogation  (until  2013)  from  this  tighter  standard
where this would not breach air quality standards or contribute to exceedence of
critical loads.

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— Article  4(2):  geographical  derogation

The  geographical  derogation  for  the  use  of  marine  gasoil  with  a  sulphur  content  in
excess to the limits set out in Article 4(1) has been extended to the French Overseas
Departments,  the  archipelagoes  of  Madeira  and  Azores  on  the  analogy  of  the  same
derogation  for  Canary  Islands  and  Greece.

— Article  7(3)

To  meet  the  concern  of  some  Member  States  for  regulation  regarding  marine  fuel
other  than  those  specified  in  Article  2(3),  a  new  paragraph  3  has  been  added  to
Article  7  concerning  a  possible  proposal  to  tackle  marine  fuels  excluded  from  this
Directive.

— Article  11:  penalties

This  Article  has  been  amended  to  improve  its  drafting,

— A  new  Article  9  has  been  added  concerning  the  advisory  committee  (the  standard

wording  as  laid  down  in  Council  Decision  87/373/EEC).