Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 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: 2002-02-18
Institutions: Council of the European Union, European Parliament
Subjects: international convention, international standard, maritime safety, oil pollution, pollution from ships, prevention of pollution, tanker, technical standard, water pollution

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(Acts whose publication is obligatory)

REGULATION (EC) No 417/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 February 2002

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 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,

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.

The Community is seriously concerned by the shipping
accidents involving oil tankers and the associated pollu-
tion of its coast-lines 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 extraor-
dinary 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.

(2)

(3)

(4)

In its Resolution on a common policy on safe seas (5),
the European Parliament welcomed the Commission
communication and called in particular for action to be
taken to improve tanker safety standards.

(10)

(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 (OJ C 307, 31.10.2001, p. 41) and Decision of the European
Parliament of 13 December 2001.

(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 objec-
tives 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),
rules
internationally
affecting the design and operation of oil
tankers.
Member States are Parties to MARPOL 73/78.

prevention

pollution

agreed

According to Article 3.3 of MARPOL 73/78,
that
Convention 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
It has been
increasing accident rates for older ships.
internationally agreed that the adoption of the 1992
amendments to MARPOL 73/78 requiring the applica-
tion 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.

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 of 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.

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

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(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 of MARPOL
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 of 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 Regula-
tion 13F of Annex I of 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
these categories,
tonnage, construction and age. All
including the lowest one (3), are important for intra-
Community trade.

(13)

(14)

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.

The revised Regulation 13G of Annex I of 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.

(16)

(17)

(18)

(19)

(20)

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 adminis-
tration issues a Statement of Compliance and is involved
in the CAS survey procedures.

Paragraph 5 of the said Regulation allows for an excep-
tion 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
Convention 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.

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.

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.

the entry into force of

It should be possible to amend certain provisions of this
Regulation so as to bring them into line with inter-
national instruments adopted, amended or entering into
force after
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 procedures for
the exercise of implementing powers conferred on the
Commission (1).

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 main-
tain the differential charging system for which Regula-
tion (EC) No 2978/94 (2) provides between such oil
tankers and oil
tankers that comply with the said
requirements beyond 2007, and therefore Regulation
(EC) No 2978/94 should be repealed,

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 or
equivalent design requirements of the MARPOL 73/78 Conven-
tion to single hull oil tankers.

(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

(1) OJ L 184, 17.7.1999, p. 23.
(2) Council Regulation (EC) No 2978/94 of 21 November 1994 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).

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Article 2

Scope

This Regulation shall apply to oil tankers of 5 000 tons

1.
deadweight and above:

— entering into a port or offshore terminal under the jurisdic-

tion of a Member State,

irrespective of their flag, or

— flying the flag of a Member State.

2.
This Regulation shall not apply to any warship, naval
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 practic-
able, 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.

2.

‘MARPOL 73/78’ shall mean the International Convention
for the Prevention of Pollution from Ships, 1973, as modi-
fied by the Protocol of 1978 relating thereto together with
the amendments thereto, in force on 18 February 2002;

‘revised Regulation 13G of Annex I of 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;

3.

‘oil tanker’ shall mean an oil tanker as defined in Regula-
tion 1(4) of Annex I of MARPOL 73/78;

8.

9.

‘category (3) oil tanker’ shall mean an oil tanker of 5 000
tons deadweight and above but less than that specified in
definitions 6 and 7;

‘single hull oil tanker’ 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;

10.

‘double hull oil tanker’ shall mean an oil tanker meeting
the double hull or equivalent design requirements of Regu-
lation 13F of Annex I of 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 of MARPOL 73/78;

13.

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

Article 4

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

1.
No oil tanker shall be allowed to operate under the flag
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;

4.

‘deadweight’ shall mean deadweight as defined in Regula-
tion 1(22) of Annex I of MARPOL 73/78;

(b) for category (2) oil tankers:

5.

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

6.

7.

‘category (1) oil tanker’ shall mean an oil tanker of 20 000
tons deadweight and above carrying crude oil, fuel oil,
heavy diesel oil or lubricating oil as cargo, and of 30 000
tons 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
of MARPOL 73/78;

‘category (2) oil tanker’ shall mean an oil tanker of 20 000
tons deadweight and above carrying crude oil, fuel oil,
heavy diesel oil or lubricating oil as cargo, and of 30 000
tons 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 of
MARPOL 73/78;

— 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;

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(c) for category (3) 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 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,

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,

— 2015 for ships delivered in 1989 or later.

shall no longer be allowed.

2.
A Category (1) oil tanker of 25 years and over after the
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 of 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 of 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.

The competent authorities of a Member State may allow
2.
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 Condi-
tion 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 8

Exemptions for ships in difficulty or for ships to be
repaired

By way of derogation from Articles 4, 5 and 7, the
1.
competent authority of a Member State may, subject
to
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.

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.

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, paragraph 3 of
the United
Nations Convention on the Law of the Sea.

2.
Each Member State shall inform the IMO of its decision
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 of MARPOL
73/78 into the ports or offshore terminals under its jurisdic-
tion, on the basis of paragraph 8(b) of revised Regulation 13G
of Annex I of MARPOL 73/78.

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Each Member State shall notify the IMO if it allows,
3.
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 Regula-
tion 13G of Annex I of MARPOL 73/78.

94(46) and 95(46) shall, if appropriate, be amended in accord-
ance with the procedure referred to in Article 10(2), in order to
bring the references into line with amendments to these regula-
tions and resolutions adopted by the IMO, in so far as such
amendments do not broaden the scope of this Regulation.

Article 10

Committee procedure

The Commission shall be assisted by the committee set
to Article 12(1) of Council Directive 93/

1.
up pursuant
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.

3.

The Committee shall adopt its rules of procedure.

Article 12

Repeal

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

Article 13

Entry into force

Article 11

Amendment procedure

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

The references in the Articles of this Regulation to the regula-
tions of Annex I of MARPOL 73/78 and to Resolutions MEPC

It shall apply from 1 September 2002.

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

Done at Brussels, 18 February 2002.

For the European Parliament

The President

P. COX

For the Council

The President

J. PIQUÉ I CAMPS

(1) Council Directive 93/75/EEC of 13 September 1993 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). Directive as last amended by Commission Direc-
tive 98/74/EC (OJ L 276, 13.10.1998, p. 7).