Common Position (EC) No 35/2001 of 7 August 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting 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 and repealing Council Regulation (EC) No 2978/94
Date: 2001-08-07
Institutions: Council of the European Union
Subjects: international convention, international standard, oil pollution, prevention of pollution, tanker, technical standard

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COMMON POSITION (EC) No 35/2001

adopted by the Council on 7 August 2001

with a view to adopting Regulation (EC) No .../2001 of the European Parliament and of the
Council of ... on the accelerated phasing-in of double hull or equivalent design requirements for
single hull oil tankers and repealing Council Regulation (EC) No 2978/94

(2001/C 307/05)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

communication and called in particular for action to be
taken to improve tanker safety standards.

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

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

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

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

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)

(3)

The Community is seriously concerned by the shipping
accidents involving oil tankers and the associated pol-
lution of its coastlines and harm to its fauna and flora
and other marine resources.

In its communication ‘a common policy on safe seas’, the
Commission underlined the request of the extraordinary
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 existing ships.

(4)

In its resolution on a common policy on safe seas (5),
the European Parliament welcomed the Commission

(1) OJ C 212 E, 25.7.2000, p. 121 and OJ C 154 E, 29.5.2001, p. 41.
(2) OJ C 14, 16.1.2001, p. 22.
(3) OJ C 22, 24.1.2001, p. 19.
(4) Opinion of the European Parliament of 30 November 2000 (OJ
C 228, 13.8.2001, p. 140), Council Common Position of 7 August
2001 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

(5) OJ C 91, 28.3.1994, p. 301.

(5)

(6)

(7)

(8)

(9)

By its resolution of 8 June 1993 on a common policy
on safe seas (6), the Council fully supported the objectives
of the Commission communication.

In its resolution on the oil slick off the French coast
adopted on 20 January 2000, the European Parliament
welcomed any efforts by the Commission to bring
forward the date by which oil tankers will be obliged to
have a double-hull construction.

The International Maritime Organisation (IMO) 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. Member States
are parties to Marpol 73/78.

According to Article 3.3 of Marpol 73/78, that Conven-
tion does not apply to warships, naval auxiliary or other
ships owned or operated by a State and used only for
government non-commercial services.

Comparison of tanker age and accident statistics shows
increasing accident rates for older ships. It has been
internationally agreed that the adoption of the 1992
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 those tankers with a higher degree of
protection against accidental oil pollution in the event
of collision or stranding.

(6) OJ C 271, 7.10.1993, p. 1.

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(10)

It is in the Community’s interest to adopt measures to
ensure that oil tankers entering into ports and offshore
terminals under the jurisdiction of Member States and
that oil tankers flying the flags of Member States comply
with Regulation 13G of Annex I to Marpol 73/78 as
revised in 2001 by Resolution MEPC 95(46) in order to
reduce the risk of accidental oil pollution in European
waters.

(14) Revised Regulation 13G of Annex I to Marpol 73/78
maintains the requirements for category 1 tankers, after
25 years, to have wingtanks or double bottoms in
protective locations not used for the carriage of cargo or
to operate only with hydrostatically balanced loading.

(11) Amendments to the Marpol 73/78 Convention adopted
by the IMO on 6 March 1992 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
amendments, a phasing-out scheme for single hull oil
tankers delivered before that date took effect from 6 July
1995 requiring tankers delivered before 1 June 1982 to
comply with the double hull or equivalent design
standards not later than 25 years and, in some cases,
30 years after the date of their delivery. Such existing
single hull oil tankers would not be allowed to operate
beyond 2007 and,
in some cases, 2012 unless they
comply with the double hull or equivalent design
requirements of Regulation 13F of Annex I to Mar-
pol 73/78. For existing single hull oil tankers delivered
after 1 June 1982 or those delivered before 1 June
1982 and which are converted, complying 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.

(12) New important amendments to Regulation 13G of
Annex I to Marpol 73/78 were adopted on 27 April
2001 by the 46th session of the IMO Marine Environ-
ment Protection Committee (MEPC-46) by Resolution
MEPC 95(46), entering into force on 1 September 2002,
in which a new accelerated phasing-out scheme for
single hull oil tankers was introduced. The respective
final dates by which tankers must comply with Regu-
lation 13F of Annex I to Marpol 73/78 depend on the
size and age of the ship. Oil tankers are therefore in that
scheme divided into three categories according to their
tonnage, construction and age. All these categories,
including the lowest one (3), are important for intra-
Community trade.

(15) That same Regulation introduces a requirement that
category 1 and 2 oil tankers may only continue to
operate after the anniversary of the date of their delivery
in 2005 and 2010 respectively subject to compliance
with a condition assessment scheme (CAS), adopted on
27 April 2001 by IMO in Resolution MEPC 94(46).
The CAS imposes an obligation that the flag State
administration issues a statement of compliance and is
involved in the CAS survey procedures.

(16)

Paragraph 5 of
the said Regulation allows for an
exception for category 2 and 3 oil tankers to operate,
under certain circumstances, beyond the time limit of
their phasing-out. Paragraph 8b of the same Regulation
gives the right for parties to the Marpol 73/78 Conven-
tion to deny entry into the ports or offshore terminals
under their jurisdiction of oil tankers allowed to operate
under this exception. Member States have declared their
intention to use the right. Decision to have recourse to
this right has to be communicated to the IMO.

(17)

It is important to ensure that the provisions in this
Regulation do not endanger the safety of crew or oil
tankers in search of a safe haven or a place of refuge.

(18)

In order to allow shipyards in Member States to repair
single hull oil tankers, Member States may make excep-
tions to allow entry into their ports of such vessels,
provided they are not carrying any cargo.

(19)

It should be possible to amend certain provisions of
this Regulation so as to bring them into line with
international instruments adopted, amended or entering
into force after the entry into force of this Regulation
without broadening its scope. Such amendments should
be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the pro-
cedures for the exercise of implementing powers con-
ferred on the Commission (1).

(13) The final date by which a single hull oil tanker is to be
phased out is the anniversary of the date of delivery of
the ship, according to a schedule starting in 2003 until
2007 for category 1 oil tankers, and until 2015 for
category 2 and 3 oil tankers.

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

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(20)

In view of the approaching deadline for single hull oil
tankers which do not comply with the requirements of
Marpol 73/78 on segregated ballast tanks and their
protective location, and given that this is most relevant
for category 1 tankers, there are no reasons to maintain
the differential charging system for which Regulation
(EC) No 2978/94 (1) provides between such oil tankers
and oil tankers that comply with the said requirements
beyond
(EC)
No 2978/94 should be repealed,

therefore Regulation

2007,

and

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The purpose of this Regulation is to establish an accelerated
phasing-in scheme for the application of the double hull
the Marpol 73/78
or equivalent design requirements of
Convention to single hull oil tankers.

Article 2

Scope

This Regulation shall apply to oil tankers of 5 000 dead-

1.
weight and above:

— entering into a port or offshore terminal under the
jurisdiction of a Member State, irrespective of their flag,
or

— flying the flag of a Member State.

This Regulation shall not apply to any warship, naval
2.
auxiliary or other ship, owned or operated by a State and used,
for the time being, only on government non-commercial
service. Member States shall, so far as is reasonable and
practicable, endeavour to respect this Regulation for the ships
referred to in this paragraph.

Article 3

Definitions

For the purpose of this Regulation, the following definitions
shall apply:

1.

‘Marpol 73/78’ shall mean the International Convention
for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto togeth-
er with the amendments thereto, in force on ... (2);

(1) Council Regulation (EC) No 2978/94 of 21 November on the
implementation of IMO Resolution A.747(18) on the application
of tonnage measurement of ballast spaces in segregated ballast oil
tankers (OJ L 319, 12.12.1994, p. 1).

(2) Date of adoption of the Regulation.

2.

3.

4.

5.

6.

7.

8.

9.

‘revised Regulation 13G of Annex I to Marpol 73/78’
shall mean the amendments to Regulation 13G of Annex I
to Marpol 73/78 and to the Supplement to the IOPP
Certificate, as adopted by Resolution MEPC 94(46) of
27 April 2001 which enters into force on 1 September
2002;

tanker’ shall mean an oil

‘oil
Regulation 1(4) of Annex I to Marpol 73/78;

tanker as defined in

‘deadweight’ shall mean deadweight as defined in Regu-
lation 1(22) of Annex I to Marpol 73/78;

‘new oil tanker’ shall mean a new oil tanker as defined in
Regulation 1(26) of Annex I to Marpol 73/78;

tanker’ shall mean an oil

‘category 1 oil
tanker of
20 000 deadweight and above carrying crude oil, fuel oil,
heavy diesel oil or lubricating oil as cargo, and of
30 000 deadweight and above carrying oil other than the
above, which does not comply with the requirements for
new oil tankers as defined in Regulation 1(26) of Annex I
to Marpol 73/78;

tanker’ shall mean an oil

‘category 2 oil
tanker of
20 000 deadweight and above carrying crude oil, fuel oil,
heavy diesel oil or lubricating oil as cargo, and of
30 000 deadweight and above carrying oil other than the
above, which complies with the requirements for new oil
tankers as defined in Regulation 1(26) of Annex I to
Marpol 73/78;

‘category 3 oil
tanker of
5 000 deadweight and above but less than that specified
in definitions 6 and 7;

tanker’ shall mean an oil

‘single hull oil tanker’ shall mean an oil tanker not
meeting the double hull or equivalent design requirements
of Regulation 13F of Annex I to Marpol 73/78;

10.

‘double hull oil tanker’ shall mean an oil tanker meeting
the double hull or equivalent design requirements of
Regulation 13F of Annex I to Marpol 73/78;

11.

‘age’ shall mean the age of the ship, expressed in number
of years after the date of its delivery;

12.

‘heavy diesel oil’ shall mean diesel oil as defined in revised
Regulation 13G of Annex I to Marpol 73/78;

13.

‘fuel oil’ shall mean heavy distillates or residues from
crude oil or blends of such materials as defined in revised
Regulation 13G of Annex I to Marpol 73/78.

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Article 4

(c)

for category 3 oil tankers:

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

No oil tanker shall be allowed to operate under the flag
1.
of a Member State, nor shall any oil tanker, irrespective of its
flag, be allowed to enter into ports or offshore terminals under
the jurisdiction of a Member State after the anniversary of the
date of delivery of the ship in the year specified hereafter,
unless such tanker is a double hull oil tanker:

(a)

for category 1 oil tankers:

— 2003 for ships delivered in 1973 or earlier,

— 2004 for ships delivered in 1974 and 1975,

— 2005 for ships delivered in 1976 and 1977,

— 2006 for ships delivered in 1978, 1979 and 1980,

— 2007 for ships delivered in 1981 or later;

— 2003 for ships delivered in 1973 or earlier,

— 2004 for ships delivered in 1974 and 1975,

— 2005 for ships delivered in 1976 and 1977,

— 2006 for ships delivered in 1978 and 1979,

— 2007 for ships delivered in 1980 and 1981,

— 2008 for ships delivered in 1982,

— 2009 for ships delivered in 1983,

— 2010 for ships delivered in 1984,

— 2011 for ships delivered in 1985,

— 2012 for ships delivered in 1986,

— 2013 for ships delivered in 1987,

— 2014 for ships delivered in 1988,

(b)

for category 2 oil tankers:

— 2015 for ships delivered in 1989 or later.

— 2003 for ships delivered in 1973 or earlier,

— 2004 for ships delivered in 1974 and 1975,

— 2005 for ships delivered in 1976 and 1977,

— 2006 for ships delivered in 1978 and 1979,

— 2007 for ships delivered in 1980 and 1981,

— 2008 for ships delivered in 1982,

— 2009 for ships delivered in 1983,

— 2010 for ships delivered in 1984,

— 2011 for ships delivered in 1985,

— 2012 for ships delivered in 1986,

— 2013 for ships delivered in 1987,

— 2014 for ships delivered in 1988,

— 2015 for ships delivered in 1989 or later;

A category 1 oil tanker of 25 years and over after the
2.
date of its delivery shall comply with either of the following
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 13E(4) of Annex I to
Marpol 73/78, cover at least 30 % of Lt, for the full depth
of the ship on each side or at least 30 % or the projected
bottom shell area within Lt where Lt is as defined in
Regulation 13E(2) of Annex I to Marpol 73/78; or

(b)

it shall operate with hydrostatically balanced loading,
taking into account the guidelines developed by the IMO
Resolution MEPC 64(36).

Article 5

Compliance with the condition assessment scheme for
category 1 and category 2 ships

1.
An oil tanker shall not be allowed to enter into ports or
offshore terminals under the jurisdiction of a Member State
beyond the anniversary of the date of delivery of the ship, in
2005 for category 1 ships, and in 2010 for category 2 ships,
unless it complies with the condition assessment scheme
referred to in Article 6.

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2.
The competent authorities of a Member State may allow
an oil tanker flying the flag of that Member State to continue
operation beyond the anniversary of the date of delivery of the
ship in 2005 for category 1 ships and in 2010 for category 2
ships, but only when subject to compliance with the condition
assessment scheme referred to in Article 6.

Article 6

Condition assessment scheme

For the purposes of Article 5, the condition assessment scheme
adopted by MEPC Resolution 94(46) of 27 April 2001 shall
apply.

Article 7

Final date

After the anniversary of the date of delivery of the ship in
2015:

— the continued operation, in accordance with paragraph 5
of revised Regulation 13G of Annex I to Marpol 73/78,
of category 2 and category 3 oil tankers under the flag of
a Member State, and

— the entry into the ports or offshore terminals under the
jurisdiction of a Member State of other category 2 and
category 3 oil tankers, irrespective of the fact that they
continue to operate under the flag of a third State in
accordance with paragraph 5 of revised Regulation 13G
of Annex I to Marpol 73/78

shall no longer be allowed.

Article 8

Article 9

Notification to the IMO

1.
The Presidency of the Council, acting on behalf of the
Member States, and the Commission shall jointly inform the
IMO of the adoption of this Regulation, whereby reference
shall be made to Article 211 (3) of the United Nations
Convention on the Law of the Sea.

Each Member State shall inform the IMO of its decision
2.
to deny entry of oil tankers, pursuant to Article 7 of this
Regulation, operating in accordance with the provisions of
paragraph 5 of revised Regulation 13G of Annex I
to
Marpol 73/78 into the ports or offshore terminals under
its jurisdiction, on the basis of paragraph 8(b) of revised
Regulation 13G of Annex I to Marpol 73/78.

3.
Each Member State shall notify the IMO if it allows,
suspends, withdraws or declines the operation of a category 1
or a category 2 oil tanker entitled to fly its flag, in accordance
with Article 5, on the basis of paragraph 8(a) of revised
Regulation 13G of Annex I to Marpol 73/78.

Article 10

Committee procedure

The Commission shall be assisted by the committee set
to Article 12(1) of Council Directive

1.
up pursuant
93/75/EEC (1), hereinafter referred to as ‘the Committee’.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

Exemptions for ships in difficulty or for ships to be
repaired

3.

The Committee shall adopt its rules of procedure.

1.
By way of derogation from Articles 4, 5 and 7, the
to
competent authority of a Member State may, subject
national provisions, allow, under exceptional circumstances,
an individual ship to enter the ports or offshore terminals
under the jurisdiction of that Member State, when:

— an oil tanker is in difficulty and in search of a place of

refuge,

— an unloaded oil tanker is proceeding to a port of repair.

Article 11

Amendment procedure

The references in the Articles of
this Regulation to the
Regulations of Annex I to Marpol 73/78 and to Resolutions
MEPC 94(46) and 95(46) shall, if appropriate, be amended in
accordance with the procedure referred to in Article 10(2), in
order to bring the references into line with amendments to
these Regulations and resolutions adopted by the IMO, in so
far as such amendments do not broaden the scope of this
Regulation.

2. Member States shall, in due time, but before 1 September
2002, communicate to the Commission the provisions of
law which they will apply in the circumstances
national
referred to in paragraph 1. The Commission shall inform the
other Member States thereof.

(1) Council Directive 93/75/EEC of 13 September 1993 concerning
minimum requirements for vessels bound for or leaving Com-
munity ports and carrying dangerous or polluting goods (OJ
L 247, 5.10.1993, p. 19). Directive as last amended by Com-
mission Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).

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Article 12

Repeal

Council Regulation (EC) No 2978/94 is repealed as from
31 December 2007.

Article 13

Entry into force

This Regulation shall enter into force on the 20th day
following its publication in the Official Journal of the European
Communities.

It shall apply from 1 September 2002.

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

Done at ...

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

In the framework of the co-decision procedure (Article 251 of the EC Treaty) and following the
European Parliament’s first reading on 30 November 2000 (1), the Council adopted, on 7 August
2001, its Common Position with a view to adopting the 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, and repealing Council Regulation (EC) No 2978/94.

The purpose of the draft Regulation is to improve protection of the marine environment by the use
of safer tankers.

In adopting its position the Council took account of the European Parliament’s first reading and of
the opinion of the Economic and Social Committee (2), the opinion of the Committee of the
Regions (3) and the Commission’s amended proposal (4). It also took account of the outcome of
negotiations in the Marine Environment Protection Committee (MEPC) of the International Maritime
Organisation on the same subject, in particular the adoption by that organisation of the amendments
to Regulation 13G of Annex I to the Marpol Convention (5).

II.

ANALYSIS OF THE COMMON POSITION

The Council agreed on the general principle of the Commission proposal, which aimed to speed up
the banning of single-hull carriers following a timetable close to that adopted by the United States
of America: by 2005, 2010 or 2015, depending on the tonnage.

Given the international nature of sea traffic, the Council decided to favour an approach in the
broader framework of the International Maritime Organisation (IMO) in order to involve in the
process the greatest possible number of States whose vessels could present a risk to the marine
environment and coastal populations. For that reason, in October 2000 it defined a common
approach to be defended by EU Member States in the IMO.

Following negotiations in which the contribution of EU Member States was significant, two
Resolutions were adopted in the IMO in April 2001, aimed at amending the relevant provisions of
the Marpol Convention. It should be noted that the essential components of the EU’s common
approach, to which was added an idea introduced by the European Parliament regarding the
anniversary of the date of delivery of the vessel, are included in the international texts.

The Council then transposed the agreement concluded in the IMO into Community legislation by
adoption of its Common Position.

(1) OJ C 228, 13.8.2001, p. 140.
(2) OJ C 14, 16.1.2001, p. 22.
(3) OJ C 22, 24.1.2001, p. 19.
(4) OJ C 154 E, 29.5.2001, p. 41.
(5) MEPC Resolution 95(46) concerning the amendments to the Annex to the 1978 Protocol on the International
Convention for the Prevention of Pollution from ships, 1973 and MEPC Resolution 94(46) on the condition
assessment scheme, adopted on 27 April 2001.

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III. AMENDMENTS PROPOSED BY THE EUROPEAN PARLIAMENT

Parliament, in adopting its first-reading opinion in November 2000, followed the rapporteur, Mr
Hatzidakis, who expressed the view that, ‘given the international nature of the shipping industry and
of the high seas on which it operates to a large extent, it is desirable for measures to improve safety
at sea to be adopted and implemented as far as possible at international level’ and therefore stressed
that ‘a solution should be sought at international level’.

Parliament’s first-reading opinion reflects this concern and in great part reflects the partial outcome
of the negotiations, then still in progress, in the IMO, as well as the essential components of the
Council’s common approach.

The Council has kept to the same view as the European Parliament, and the differences between
Parliament’s first-reading opinion and the Council’s Common Position are due to the continuation
and completion of the negotiations in the IMO. For example, that is why a provision has been added
to the Common Position on the refusal of EU Member States to allow single-hull vessels into their
ports and terminals in seas under their jurisdictions after 2010 and 2015.

One element has been added in the Common Position, instituting the possibility of a derogation in
exceptional circumstances for vessels in difficulty or vessels without cargoes that need to be repaired
so as to enable them to reach a place of refuge or a port where they can be repaired.