Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC
Date: 1999-04-26
Institutions: Council of the European Union
Subjects: air quality, petroleum product, quality of the environment, reduction of gas emissions, sulphur

11. 5. 1999

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Official Journal of the European Communities

L 121/13

COUNCIL DIRECTIVE 1999/32/EC

of 26 April 1999

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

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 from 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),

(1) Whereas

the

Fifth

the objectives and principles of

the
Community’s environmental policy as set out in
the action programmes on the environment and in
particular
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 emis-
sions 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 environ-
ment;

(4) Whereas acidification and atmospheric sulphur
dioxide damage sensitive ecosystems, reduce biodi-
versity and reduce amenity value as well as detri-
mentally 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;

(1) OJ C 190, 21.6.1997, p. 9, and OJ C 259, 18.8.1998, p. 5.
(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. 111), Council Common Position of 6
October 1998 (OJ C 364, 25.11.1998, p. 20) and Decision of
the European Parliament of 9 February 1999 (not yet
published in the Official Journal).

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

(5) Whereas acidification is a transboundary phenom-
enon requiring Community as well as national or
local solutions;

(6) Whereas emissions of sulphur dioxide contribute to
the formation of particulate matter in the atmo-
sphere;

(7) Whereas

the Community and the

individual
Member States are Contracting Parties
to the
UN-ECE Convention on Long-Range Transbound-
ary Air Pollution; whereas the 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 sens-
itive 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
the
Contracting Parties should therefore make further
significant
sulphur
dioxide;

in emissions of

reductions

(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 origin-
ating 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;

(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;

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(11) Whereas, in conformity with the principle of subsi-
diarity 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; whereas unconcerted action
offers no guarantee of achieving the desired objec-
tive, 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
to the minimum require-
Directive limits itself
ments necessary to achieve the desired objective;

(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
fuel oils, bunker fuel oils, marine gas oils and gas
oils, on the basis of cost effectiveness studies;

(13) Whereas, in accordance with Article 130t of the
this Directive should not prevent any
Treaty,
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 to the Commission in accord-
ance with Council Directive 83/189/EEC of 28
March 1983 laying down a procedure for the provi-
sion of
technical
information in the field of
standards and regulations (2);

(15) Whereas, with regard to the limit on the sulphur
content of heavy fuel oil,
is appropriate to
provide for derogations in Member States and
regions where the environmental conditions allow;

it

(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
from large
of certain pollutants
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;

into the air

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

in the application of

(18) Whereas a limit value of 0,2 % for the sulphur
content of gas oils has already been established
pursuant
to 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;

the Canary Islands,

(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 terri-
tory, 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
the
derogation for Greece,
French Overseas Departments and the Archipela-
goes 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 gas oil for
marine use from Greece, the Canary Islands, the
French Overseas Departments and the Archipela-
goes of Madeira and Azores to other Member States
should satisfy the requirements in force in the
the
importing Member State; whereas Greece,
Canary Islands, the French 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;

(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).

(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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(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 (1);

(a) (cid:190) petroleum derived liquid fuels used by seagoing
ships, except those fuels falling within the defini-
tion in Article 2(3),

(cid:190) marine gas oil used by ships crossing a frontier
between a third country and a Member State;

(b) fuels intended for processing prior to final combus-

tion;

(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 hydrocar-
bons, 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 appro-
priate 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,

(cid:190) any petroleum-derived liquid fuel falling within

CN code 2710 00 71 to 2710 00 78, or

(cid:190) 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 (cid:176)C by the ASTM D86 method. If the distilla-
tion cannot be determined by the ASTM D86
method, the petroleum product is likewise categor-
ised as a heavy fuel oil;

HAS ADOPTED THIS DIRECTIVE:

2. gas oil means:

Article 1

Purpose and scope

The purpose of this Directive is to reduce the emis-
1.
sions of sulphur dioxide resulting from the combustion of
certain types of liquid fuels and thereby to reduce the
harmful effects of such emissions on man and the envir-
onment.

2.
Reductions in the emissions of sulphur dioxide
resulting from the combustion of certain 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.

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

(cid:190) any petroleum-derived liquid fuel falling within

CN code 2710 00 67 or 2710 00 68, or

(cid:190) 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 losses)
distils at 350 (cid:176)C by the ASTM D86 method.

Diesel fuels as defined in Article 2(2) of Directive 98/
70/EC of the European Parliament and of the Council of
13 October 1998 relating to the quality of petrol and
diesel
and amending Council Directive 93/
12/EEC (2) are excluded from this definition. Fuels used
in non-road mobile machinery and agricultural tractors
are also excluded from this definition;

fuels

3. 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);

(1) OJ L 26, 1.2.1999, p. 1.

(2) OJ L 350, 28.12.1998, p. 58.

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4. 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;

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

6. critical load means a quantitative estimate of exposure
to one or more pollutants below which significant
harmful effects on sensitive elements of the environ-
ment 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
exceeds 1,00 % by mass.

Provided that the air quality standards for sulphur
2.
dioxide laid down in Directive 80/779/EEC (1) 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
of between 1,00 and 3,00 % 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 contri-
bute 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:

(a) 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;

(b) 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;

(c) for

combustion in refineries, where

the
monthly average of emissions of
sulphur
dioxide averaged over all plants in the refinery

(1) 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).

(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.

The provisions of paragraph 3 shall be reviewed and,
4.
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 in accordance with the proce-
dure set out in Article 9.

Article 4

Maximum sulphur content in gas oil

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

(cid:190) July 2000 if their sulphur content exceeds 0,20 % by

mass,

(cid:190) 1 January 2008 if
0,10 % by mass.

their sulphur content exceeds

By way of derogation from paragraph 1, Spain, for
2.
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 para-
graph 1.

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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 contri-
bute to critical loads being exceeded in any Member State
and shall not extend beyond 1 January 2013.

If a Member State avails itself of the possibilities
4.
referred to in paragraph 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 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
oil, petroleum products or other hydrocarbons, 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 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
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.

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 repres-
entative 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 accord-
ance 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 Commis-
sion 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 pursuant to Article 3(3).

the annual

in air quality and acidification,

2. On the basis inter alia of
reports
submitted in accordance with paragraph 1 and the
observed trends
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 values
laid down for each fuel category and the exceptions and
derogations provided for in Article 3(2) and (3), and
Article 4(2) and (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 speci-
fied 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) in Article 1, paragraph 1(a) and paragraph 2 are

deleted;

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(b) 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 July 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

When Member States adopt these provisions, these shall
contain a reference to this Directive or shall be accompa-
nied by such reference at the time of their official publi-
cation. 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 effec-
tive, 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 Luxembourg, 26 April 1999.

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

For the Council

The President

J. FISCHER