Amended 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: 2000-12-12
Institutions: European Commission
Subjects: International Maritime Organisation, international convention, international standard, oil pollution, prevention of pollution, tanker

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Amended 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 (1)

(2001/C 154 E/02)

(Text with EEA relevance)

COM(2000) 848 final (cid:151) 2000/0067(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 13 December 2000)

(1) OJ C 212 E, 25.7.2000, p. 1.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Unchanged

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

Having regard to the proposal from the Commission,

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 (cid:145)a
common policy on safe seas(cid:146) (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

___________
(1) COM(1993) 66 final of 24.2.1993.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) The European Parliament in its Resolution on a common
seas (1) welcomed the Commission
policy on safe
Communication and called in particular for action to be
taken to improve tanker safety standards.

(5) The Council, by its Resolution of 8 June 1993 (2), fully
supported the objectives of the Commission Communi-
cation.

(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 conse-
quence of these measures existing single hull oil 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.

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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

agreed that

(10) Comparison of tanker age and accident statistics show
increasing accident rates for older ships. It has been inter-
the 1992
the
nationally
amendments to MARPOL 73/78 requiring the application
of
the double hull or equivalent design standards to
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.

adoption of

(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.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(12) These measures should be based upon the principles of
the MARPOL 73/78 Convention that existing single hull
tankers have to comply with the double hull or
oil
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
equivalent design standards of
the double hull or
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
the internal waters of a Member State of
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 measures should be adopted to
ensure that these tankers will also have to comply with
the double hull or
equivalent design standards of
MARPOL 73/78. For that purpose a 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
the internal waters of a Member State of
Community.

In view of

(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, with the exception of the
tankers of
less than 3 000 tons deadweight, measures
should be adopted to ensure that these tankers will also
have to comply with the double hull or equivalent design
a
standards of MARPOL 73/78. For
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.

that purpose

In view of

(14) The European Parliament, in its Resolution on the oil slick
off
the French coast adopted on 20 January 2000,
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.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

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.

(15) 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.

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 (1),
they should be adopted by use of the regulatory procedure
provided for in Article 5 of that Decision.

(16) 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 (1),
they should be adopted by use of the regulatory procedure
provided for in Article 5 of that Decision.

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,

amended by the Commission,

(17) Certain provisions of this Regulation containing references
to the regulations of the MARPOL 73/78 Convention may
be
assisted by the
the Commission,
Committee, to bring them in line with amendments to
these regulations adopted or entered into force,

amended by

HAVE ADOPTED THIS REGULATION:

Unchanged

Article 1

Purpose

The purpose of this Regulation is to establish:

(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.

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
the Prevention of Pollution from Ships, 1973, as
for
modified by the Protocol of 1978 relating thereto together
force;
with

amendments

thereto,

the

in

___________
(1) OJ L 184, 17.7.1999, p. 23.

___________
(1) OJ L 184, 17.7.1999, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2.

3.

4.

5.

6.

7.

8.

(cid:145)oil tanker(cid:146) shall mean an oil tanker as defined in Regulation
1 (4) of Annex I of MARPOL 73/78;

(cid:145)deadweight
Regulation 1 (22) of Annex I of MARPOL 73/78;

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

(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;

(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;

(cid:145)product carrier(cid:146) shall mean a product carrier as defined in
Regulation 1 (30) of Annex I of MARPOL 73/78;

(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;

(cid:145)double hull oil tanker(cid:146) shall mean an oil tanker meeting the
double hull or equivalent design requirements of Regulation
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 dates specified
hereafter, unless such tankers comply 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:

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: by the anniversary date of
its year of delivery,
within the schedule of corresponding years as specified in
the following table:

(cid:151) 2003 for ships delivered in 1973 or earlier,

(cid:151) 2004 for ships delivered in 1974 and 1975,

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) 2005 for ships delivered in 1976 and 1977,

(cid:151) 2006 for ships delivered in 1978, 1979 and 1980,

(cid:151) 2007 for ships delivered in 1981 or later.

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:

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
its year of delivery,
73/78: by the anniversary date of
within the schedule of corresponding years as specified in
the following table:

(cid:151) 2003 for ships delivered in 1977 or earlier,

(cid:151) 2004 for ships delivered in 1978,

(cid:151) 2005 for ships delivered in 1979,

(cid:151) 2006 for ships delivered in 1980,

(cid:151) 2007 for ships delivered in 1981,

(cid:151) 2008 for ships delivered in 1982,

(cid:151) 2009 for ships delivered in 1983,

(cid:151) 2010 for ships delivered in 1984,

(cid:151) 2011 for ships delivered in 1985,

(cid:151) 2012 for ships delivered in 1986 and 1987,

(cid:151) 2013 for ships delivered in 1988 and 1989,

(cid:151) 2014 for ships delivered in 1990 and 1991,

(cid:151) 2015 for ships delivered in 1992 or later.

3. for crude oil tankers of tons deadweight and above but less
than 20 000 tons and product carriers of 600 tons dead-
weight and above but less than 30 000 tons:

3. for crude oil tankers of 3 000 tons deadweight and above
but less than 20 000 tons and product carriers of
tons
deadweight and above but less than 30 000 tons: by the
anniversary date of its year of delivery, within the schedule
of corresponding years as specified in the following table:

(cid:151) 2003 for ships delivered in 1974 or earlier,

(cid:151) 2004 for ships delivered in 1975 and 1976,

(cid:151) 2005 for ships delivered in 1977 and 1978,

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) 2006 for ships delivered in 1979 and 1980,

(cid:151) 2007 for ships delivered in 1981,

(cid:151) 2008 for ships delivered in 1982,

(cid:151) 2009 for ships delivered in 1983,

(cid:151) 2010 for ships delivered in 1984,

(cid:151) 2011 for ships delivered in 1985,

(cid:151) 2012 for ships delivered in 1986,

(cid:151) 2013 for ships delivered in 1987 and 1988,

(cid:151) 2014 for ships delivered in 1989, 1990 and 1991,

(cid:151) 2015 for ships delivered in 1992 or later.

A Category (1) oil tanker of 25 years and over after its
the following

2.
date of delivery shall comply with either of
provisions:

(a) It shall have wing tanks or double bottom spaces, not used
for the carriage of oil and meeting the width and height
requirements of regulation 13F(4), of Annex I of MARPOL
73/78: or

(b) it shall operate with hydrostatic balanced loading, taking
the

developed

guidelines

the

by

account

into
IMO(Resolution MEPC 64(36).

3.
The Administration may allow continued operation of a
Category (1) oil tanker beyond 2005, and a Category (2) oil
tanker beyond 2010, subject
to compliance with a special
condition assessment scheme (as set out in the Annex).

Article

Article 5

Notification to the IMO

Unchanged

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

Article 6

Committee procedure

Unchanged

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

___________
(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).

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INITIAL PROPOSAL

AMENDED PROPOSAL

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.

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

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

Article

Amendment procedure

Unchanged

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.

Article

Repeal of Council Regulation (EC) No 2978/94

Unchanged

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

tonnage measurement of ballast
repealed as

tankers (1)

is

Article

Implementation

Unchanged

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 7

Article 8

Article 9

Article

Article 10

Entry into force

Unchanged

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).

This Regulation shall be binding in its entirety and directly
applicable in all Member States.
___________
(1) OJ L 319, 12.12.1994, p. 1.

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AMENDED PROPOSAL

ANNEX

CONDITION ASSESSMENT SCHEME

A. Special survey regime for category (1) tankers (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 Regulations 13,
13B, 13E and 18(4) of Annex 1 of MARPOL 73/78) and for category (2) tankers (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 Regulations 13, 13B, 13E and 18(4) of Annex 1 of MARPOL 73/78) as a condition to continue
operating beyond the year 2005 and the year 2010 respectively.

1. The special survey must be carried out in conjunction with the last intermediate or periodical survey preceding
the deadline of 1 January 2005 and 1 January 2010 respectively and carried out in accordance with the Condition
Assessment Scheme (CAS). Subject to successful conclusion of the special survey, the ship may be allowed
continued operation. However, it shall in no case be permitted after its anniversary date in 2007 and 2015
respectively.

2. The special survey shall require an intervention of a classification society other the one which issued the ship’s
certificate, in order to confirm that an extension of life may be allowed to the ship. The main objective of
verification by the other classification society is to validate the last thickness measures made by the latter
including the verification of
the
HSSC(IMO Resolution A.746(18) Survey Guidelines under the Harmonised System of Survey and Certification)
system (dry docking or underwater survey), as well as to calculate again the girder strength on the basis of the
thickness measures obtained.

the ships bottom as required under

the inspection of

the outside of

3. If the other classification society at the special survey identifies substantial corrosion or structural defects which,
in its opinion, may impair the structural integrity of the ship, then corrective action should be completed to the
satisfaction of that recognised organisation, before the ship can be given an extension to operation beyond 1
January 2005 and 1 January 2010 respectively, as referred to in paragraph 1. When necessary, the other
recognised organisation shall proceed to an additional survey to satisfy itself of the completeness and quality
of the requested corrective actions. If the other the other recognised organisation at the special survey identifies
minor corrosion or structural defects which, in its opinion, should not impair the structural integrity of the ship,
that classification society shall follow up the development of these defects by checking them at annual intervals.

4. Ships of this category falling within the scope of this Regulation should carry certificates that provide evidence
that the special survey(s) have been carried out to the satisfaction of the verifying recognised organisation,
including the results of these verifications.

B. This annex shall be modified in accordance with the procedure in Article 6 to accord with the agreement reached

within the IMO.