Proposal for a Regulation of the European Parliament and of the Council on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers
Date: 2000-03-21
Institutions: European Commission
Subjects: International Maritime Organisation, international convention, international standard, oil pollution, prevention of pollution, tanker

25.7.2000

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Official Journal of the European Communities

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Proposal for a regulation of the European Parliament and of the Council on the accelerated
phasing-in of double hull or equivalent design requirements for single hull oil tankers

(2000/C 212 E/08)

(Text with EEA relevance)

COM(2000) 142 final (cid:151) 2000/0067(COD)

(Submitted by the Commission on 22 March 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

(4) the European Parliament in its Resolution on a common
seas (2) welcomed the Commission
policy on safe
Communication and called in particular for action to be
taken to improve tanker safety standards;

Having regard to the proposal from the Commission,

(5) the Council, by its Resolution of 8 June 1993 (3), fully
supported the objectives of the Commission Communi-
cation;

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) within the framework of the common transport policy
further measures must be taken to enhance safety and
prevent pollution in maritime transport;

(2) the Community is seriously concerned by the shipping
associated
its coast-lines and harm to its fauna and

accidents
pollution of
flora and other maritime resources;

involving oil

and the

tankers

(3) the Commission underlined in its Communication a
common policy on safe seas (1) the request of the extra-
ordinary Council on Environment and Transport of 25
January 1993 to support the action in the International
Maritime Organisation (IMO) on the reduction of
the
safety gap between new and existing ships by upgrading
and/or phasing-out
to earlier
standards, after a reasonable period of operation, paying
tankers not meeting the
particular attention to oil
amendments of
the
Prevention of Pollution from Ships, 1973 and the
Protocol of 1978 related thereto (MARPOL 73/78) which
entered into force in 1982;

the International Convention for

ships, built

existing

(6) at international level, the International Maritime Organi-
sation has established in the International Convention for
the Prevention of Pollution from Ships, 1973 and the
Protocol of 1978 related thereto (MARPOL 73/78) inter-
nationally agreed pollution prevention rules affecting the
design and operation of oil tankers;

(7) important

to

amendments

amendments

the MARPOL

containing more

73/78
Convention
rigorous measures
concerning the design and construction standards for oil
tankers have been adopted by the IMO on 6 March 1992,
which entered into force on 6 July 1993. These measures
impose double hull or equivalent design requirements for
oil tankers delivered on or after 6 July 1996 aimed at
preventing oil pollution in the event of collision or
stranding. Within these
a phasing-in
scheme for single hull oil tankers delivered before that
date took effect
from 6 July 1995 onwards requiring
such tankers to comply with the double hull or equivalent
design standards not later than 25 years and in some cases
30 years after their date of delivery. As a consequence of
these measures
tankers not
complying with the requirements of MARPOL 73/78
concerning segregated ballast tanks and their protective
location will no longer, at international level, be allowed
to operate beyond 2007, and in some case 2012, unless
they comply with the double hull or equivalent design
requirements of Regulation 13F of Annex I of MARPOL
73/78. For existing single hull oil tankers that do comply
with the requirements of MARPOL 73/78 on segregated
ballast tanks and their protective location this deadline
will be reached at the latest in 2026;

existing single hull oil

(1) COM(93) 66 final of 24.2.1993.

(2) OJ C 91, 28.3.1994, p. 301.
(3) OJ C 271, 7.10.1993, p. 1.

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(8) prior to the adoption of these amendments to MARPOL
73/78, the United States already adopted in 1990 the Oil
Pollution Act establishing double hull requirements both
for new and existing tank vessels. These requirements
provide that after 1 January 2010 single hull oil tankers
without double bottom or double sides will not be
allowed to operate to and from US ports unless they
comply with the double hull requirements. In addition,
in the period preceding this final deadline such single
hull oil tankers will not be longer allowed to operate to
and from US ports from 2005 onwards when they reach
an age of 25 years, and in some cases 23 years, unless
they comply with the double hull requirements. For single
hull oil tankers fitted with double bottom or double sides
this final deadline is fixed on 1 January 2015 and the
ship’s age limit in the preceding period between 2005
and 2015 is 30 years and in some cases 28 years;

(9) it can be expected that the differences between the inter-
national regime and the one established by the United
States concerning age limits and end-date limits for the
application of the double hull requirements to existing
single hull oil tankers will result, from 2005 onwards,
that single hull oil tankers not longer allowed to operate
to and from US ports because of
their age, and
particularly after the end-date limits of 2010 and 2015,
will shift their trading patterns to other regions in the
including the European Union, and continue
world,
they have to comply with the double
operating until
hull
in accordance with the age limits
provided for in the MARPOL 73/78 Convention;

requirements

(10) comparison of

agreed that

adoption of

tanker age and accident statistics show
increasing accident rates for older ships. It has been inter-
nationally
the 1992
the
amendments to MARPOL 73/78 requiring the application
the double hull or equivalent design standards to
of
existing single hull oil tankers when they reach a certain
age will provide these tankers with a higher degree of
protection against accidental oil pollution in the event
of collision or stranding;

(11) it is in the interest of the Community to adopt measures
to avoid that single hull oil tankers that due to their
advanced age, or after the end-date limits, are no longer
allowed under the Oil Pollution Act 1990 to operate to
and from US ports, will start or continue operating to and
from European ports and thereby maintain or increase the
risk of accidental oil pollution in European waters;

(12) these measures should be based upon the principles of the
MARPOL 73/78 Convention that existing single hull oil
tankers have to comply with the double hull or equivalent
design requirements not later than when they reach a
certain age. The age limits in these measures should be

aligned with those of the Oil Pollution Act 1990 and for
that purpose an accelerated phasing in of the double hull
or equivalent design standards of MARPOL 73/78 should
be established for existing single hull oil
tankers by
lowering the age limit and specifying end-date limits in
line with those of the Oil Pollution Act 1990, beyond
which these ships have to comply with these standards
as a condition for entering into a port or the internal
waters of a Member State of the Community;

(13) the requirements of Regulation 13G of Annex I of
tankers to
MARPOL 73/78 for existing single hull oil
equivalent design
comply with the double hull or
standards apply only to crude oil
tankers of 20 000
tons deadweight and above and to product carriers of
30 000 tons deadweight and above. The double hull or
equivalent design requirements of Regulation 13F of
Annex I of MARPOL 73/78 apply to oil tankers of 600
tons deadweight and above delivered after 6 July 1996.
This difference in size limits in the scope leaves the
category of single hull crude oil tankers delivered before
6 July 1996 and having a deadweight between 600 and
20 000 tons deadweight as well as product carriers
delivered before 6 July 1996 with a deadweight between
600 and 30 000 tons unaffected.
the
importance of this lower tonnage category of oil tankers
for the intra-Community trade similar measures should be
adopted to ensure that these tankers will also have to
equivalent design
comply with the double hull or
standards of MARPOL 73/78. For
a
that purpose
phasing-in of
the double hull or equivalent design
standards of MARPOL 73/78 should be established for
this category of single hull oil tankers as a condition for
entering into a port or the internal waters of a Member
State of the Community;

In view of

(14) the European Parliament, in its Resolution on the oil slick
the French coast adopted on 20 January 2000
off
welcomed any efforts by the Commission to bring
forward the date by which oil tankers will all be obliged
to have a double-hull construction;

(15) the accelerated phasing in of the double hull or equivalent
design requirements for single hull oil tankers should be
accompanied by complementary measures
aimed at
encouraging the trading with double hull or equivalent
design oil tankers in advance of the accelerated phasing-in
scheme. These complementary measures should consist of
providing financial incentives for double hull or equivalent
design oil
tankers and disincentives for single hull oil
tankers operating to or from ports of the Member States
in the Community;

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(16) these complementary measures should be based upon the
principles established in Council Regulation (EC) No
2978/94 of 21 November 1994 on the implementation
IMO Resolution A.747(18) on the application of
of
spaces
in segregated
tonnage measurement of ballast
tankers (1). These principles
the
ballast oil
application of reduced port and pilotage dues for the
most environmentally friendly oil tankers as opposed to
those offering less protection against oil pollution;

foresee

(17) Council Regulation (EC) No 2978/94 does not take into
account the higher level of protection against accidental
oil pollution offered by double hull or equivalent design
oil
tankers.
Therefore the Regulation does not differentiate between
double hull oil tankers and single hull oil tankers fitted
with segregated ballast tanks with regard to the reduction
of port and pilotage dues;

tankers as compared to single hull oil

and to avoid that such losses would be at the detriment of
the quality of these services or need to be compensated by
raising port and pilotage dues for ships unconnected with
the transport of oil and oil products;

(23) in view of

in revenues

the progressive increase of

the number of
double hull or equivalent design oil
tankers and the
decrease of the number of single hull oil tankers over
the accelerated phasing in scheme the
the period of
balance
service
for port
providers should be achieved by making the reduction
on port and pilotage dues for double hull or equivalent
tankers regressive with their age and the
design oil
surcharge on port and pilotage dues for single hull oil
tankers progressive with the ship’s age. This differential
charging system should cease to be applied when the
replacement of single hull oil tankers by double hull or
equivalent design oil tankers has been fully accomplished;

and pilotage

(18) in view of the nearing deadline for single hull oil tankers
not complying with the requirements of MARPOL 73/78
on segregated ballast tanks and their protective location
there are no reasons to maintain any longer the differ-
ential
charging system Council Regulation (EC) No
2978/94 provides between such oil tankers and tankers
that comply with the requirements of MARPOL 73/78 on
segregated ballast tanks and their protective location;

(24) since the measures necessary for the implementation of
this Regulation are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (2),
they should be adopted by use of the regulatory procedure
provided for in Article 5 of that Decision;

(19) in view of aiming at promoting the trading to European
ports of double hull or equivalent design oil tankers, the
financial incentive system of Council Regulation (EC) No
2978/94 should be replaced by a system that during the
period of the accelerated phasing-in scheme encourages
the operation of oil tankers complying with the double
hull or equivalent design requirements and discourages the
operation of oil tankers not complying yet with these
requirements. For that purpose Council Regulation (EC)
No 2978/94 should be repealed;

(20) the financial incentives for oil tankers complying with the
double hull or equivalent design standards and financial
disincentives for oil tankers not yet complying with these
standards should be based upon a combined system
providing a reduction of port and pilotage dues for oil
tankers complying with the double hull or equivalent
design standards and applying a surcharge on the port
and pilotage dues for oil tankers not yet complying with
these standards;

(21) Port and pilotage dues should be proportionate with the
services rendered and be calculated in a non-discrimi-
natory manner;

amended by the Commission,

(25) certain provisions of this Regulation containing references
to the regulations of the MARPOL 73/78 Convention may
be
assisted by the
Committee, to bring them in line with amendments to
these regulations adopted or entered into force. Also the
percentages of the reductions and surcharges on port and
pilotage dues in the Annex may be amended by that
Committee to ensure that
the revenues for port and
pilotage service providers are kept in balance in view of
the pace and extent at which single hull oil tankers are
replaced by double hull or equivalent design oil tankers
during the phasing-in period;

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The purpose of this Regulation is to establish:

(22) this combined system of reductions and surcharges on
port and pilotage dues should be balanced to avoid loss
of revenues for the providers of port and pilotage services

(cid:151) an accelerated phasing-in scheme for the application of the
double hull or equivalent design requirements of
the
MARPOL 73/78 Convention to single hull oil tankers, and

(1) OJ L 319, 12.12.1994, p. 1.

(2) OJ L 184, 17.7.99, p. 23.

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(cid:151) a system of financial incentives and disincentives, providing
for a reduction on port and pilotage dues for oil tankers
complying with the double hull or equivalent design
standards and a surcharge on these dues for oil tankers
not yet complying with these standards.

10.

(cid:145)port and harbour authority(cid:146) shall mean a public or private
person which charges fees to ships for providing facilities
and services to shipping;

11.

(cid:145)pilotage authority(cid:146) shall mean a public or private person
entitled to render pilotage services to shipping;

Article 2

Scope

This Regulation shall apply to all oil tankers of 600 tons dead-
weight and above,

(cid:151) when entering into a port or the internal waters of a

Member State, irrespective of their flag, or

(cid:151) flying the flag of a Member State.

Article 3

Definitions

For the purpose of this Regulation,

1.

(cid:145)MARPOL 73/78(cid:146) shall mean the International Convention
for
the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto
together with the amendments thereto, in force;

2. (cid:145)oil tanker(cid:146) shall mean an oil tanker as defined in Regu-

lation 1(4) of Annex I of MARPOL 73/78;

3. (cid:145)deadweight (DW)(cid:146) shall mean deadweight as defined in

Regulation 1(22) of Annex I of MARPOL 73/78;

4. (cid:145)new oil tanker(cid:146) shall mean a new oil tanker as defined in

Regulation 1(26) of Annex I of MARPOL 73/78;

5. (cid:145)crude oil tanker(cid:146) shall mean a crude oil tanker as defined

in Regulation 1(29) of Annex I of MARPOL 73/78;

6. (cid:145)product carrier(cid:146) shall mean a product carrier as defined in

Regulation 1(30) of Annex I of MARPOL 73/78;

7.

(cid:145)single hull oil tanker(cid:146) shall mean an oil tanker not meeting
the double hull or equivalent design requirements of Regu-
lation 13F of Annex I of MARPOL 73/78;

8. (cid:145)double hull oil tanker(cid:146) shall mean an oil tanker meeting
the double hull or equivalent design requirements of Regu-
lation 13F of Annex I of MARPOL 73/78;

9. (cid:145)age(cid:146) shall mean the age of a ship, expressed in number of

years after the date of its delivery;

Article 4

Compliance with the double hull or equivalent design
requirements by single hull oil tankers

1. Member States shall not allow single hull oil tankers to
enter into their ports or internal waters after the earliest of the
dates specified hereafter, unless such tankers comply not later
than the earliest of
those dates with the double hull or
equivalent design requirements of Regulation 13F of Annex I
of MARPOL 73/78:

1. for crude oil tankers of 20 000 tons deadweight and above
and product carriers of 30 000 tons deadweight and above
not meeting the requirements for a new oil tanker in Regu-
lations 13, 13B, 13E and 18(4) of Annex I of MARPOL
73/78: when they reach the age of 23 years or 1 June 2005.

2. for crude oil tankers of 20 000 tons deadweight and above
and product carriers of 30 000 tons deadweight and above
meeting the requirements for a new oil tanker in Regu-
lations 13, 13B, 13E and 18(4) of Annex I of MARPOL
73/78: when they reach the age of 28 years or 1 January
2010.

3. for crude oil tankers of 600 tons deadweight and above but
less than 20 000 tons and product carriers of 600 tons
deadweight and above but
less than 30 000 tons not
meeting the requirements for a new oil tanker in Regu-
lations 13, 13B, 13E and 18(4) of Annex I of MARPOL
73/78: when they reach the age of 25 years or 1 January
2015.

4. for crude oil tankers of 600 tons deadweight and above but
less than 20 000 tons and product carriers of 600 tons
deadweight and above but less than 30 000 tons meeting
the requirements for a new oil tanker in Regulations 13,
13B, 13E and 18(4) of Annex I of MARPOL 73/78: when
they reach the age of 30 years or 1 January 2015.

2.
Other structural or operational arrangements such as
hydrostatically balanced loading as referred to in Regulation
13G(7) of Annex I of MARPOL 73/78 shall not be accepted
as alternatives
for compliance with the requirements of
paragraph 1.

Article 5

Differential charging of port and pilotage dues for double
hull and single hull oil tankers

1. Member States shall ensure that port and harbour auth-
orities and pilotage authorities, when charging port and
pilotage dues to oil
tankers, apply a differential charging
system to the effect that:

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(cid:151) the fees for double hull oil tankers are at least reduced with
the percentages mentioned in the Annex in comparison
with the fees applied to single hull oil
the
same deadweight having an age of less than 5 years, and

tankers of

(cid:151) the fees for single hull oil tankers are at least increased with
the percentages mentioned in the Annex in comparison
with the fees applied to single hull oil
the
tankers of
same deadweight having an age of less than 5 years.

2. Where the fees for port and pilotage dues are charged on
another basis than deadweight, Member States shall ensure that
the charging system applied by port and harbour authorities
and pilotage authorities provides at least the same percentages
of reduction in fees for double hull oil tankers and increase in
fees for single hull oil tankers as mentioned in paragraph 1.

3.
The differential charging system for port and pilotage
dues shall cease to apply on the latest of the dates referred
to in Article 4.

Article 6

Notification to the IMO

International Maritime Organisation of

the Council and the Commission shall
The Presidency of
inform the
the
adoption of this Regulation, whereby reference shall be made
to Article 211, paragraph 3 of the United Nations Convention
on the Law of the Sea.

Article 7

Monitoring and reporting

1. Member States
regularly verify that port and
harbour authorities and pilotage authorities apply correctly
the differential charging system specified in Article 5.

shall

The Member States

2.
send to the Commission
shall
annually a report on the results of this verification, including
breaches committed by their port and harbour authorities and
pilotage authorities. The report shall be provided at the latest
by 30 April of the year following the year upon which it
reports.

Article 8

Committee procedure

1.
The Commission shall be assisted by the committee
instituted by Article 12, paragraph 1, of Council Directive
93/75/EEC (1).

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Council Decision
1999/468/EC shall apply, in compliance with Article 7(3) and
Article 8 thereof.

Article 9

Amendment procedure

1.
The references in the Articles to the regulations of Annex
I of MARPOL 73/78 may be amended, in accordance with the
procedure laid down in Article 8, in order to bring them in
line with amendments to these regulations adopted by the
IMO.

The percentages for the reductions and surcharges of the
2.
differential charging system for port and pilotage dues in the
Annex may be amended in accordance with the procedure laid
down in Article 8, to take account of the pace and extent of
the replacement of single hull oil tankers by double hull oil
tankers during the phasing in period.

Article 10

Repeal of Council Regulation (EC) No 2978/94

Council Regulation (EC) No 2978/94 of 21 November 1994 on
IMO Resolution A.747(18) on the
the implementation of
in
spaces
application of
segregated ballast oil
from (12
months after the entry into force of this Regulation).

tonnage measurement of ballast
repealed as

tankers (2)

is

Article 11

Implementation

1. Member States shall, in due time, but before the date of
application referred to in Article 12, adopt such laws, regu-
lations or administrative provisions as may be necessary for the
implementation of this Regulation.

2. When Member States adopt measures as referred to in
paragraph 1, they shall contain a reference to this Regulation
or shall be accompanied by such reference on the occasion of
their official publication. The methods of making such
reference shall be laid down by Member States.

3.
The Member States shall immediately communicate to the
Commission all provisions of domestic law which they adopt
in the field governed by this Regulation. The Commission shall
inform the other Member States thereof.

Article 12

Entry into force

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities. It shall be applicable on (12 months after
its entry into force date).

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

(1) Council Directive concerning minimum requirements for vessels
bound for or leaving Community ports and carrying dangerous
or polluting goods (OJ L 247, 5.10.1993, p. 19).

(2) OJ L 319, 12.12.1994, p. 1.

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Differential charging of port and pilotage dues for double hull or equivalent design oil tankers and single hull
oil tankers

ANNEX

Minimum percentages of reductions and surcharges to be applied as referred to in Article 5.

Ship’s age

0-5

5-10

10-15

15-20

20-25

> 25

Reduction for double hull
or
equivalent design oil
tankers

Surcharge for
single hull oil tankers

(cid:150) 25 %

(cid:150) 20 %

(cid:150) 15 %

(cid:150) 10 %

(cid:150) 5 %

None

none

+ 10 %

+ 15 %

+ 20 %

+ 25 %

+ 30 %