Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 417/2002 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: 2002-12-20
Institutions: European Commission
Subjects: environmental protection, maritime safety, oil pollution, petroleum product, pollution control measures, pollution from ships, tanker, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.12.2002
COM(2002) 780 final

2002/0310 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 417/2002 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

INTRODUCTION

The  Commission's  response  to  the  oil  spill  caused  by  the  tanker  PRESTIGE  in
November 2002 off the coast of Galicia in Spain, should be seen in the light of the
measures  taken  after  the  severe  oil  spill  off  the  French  coast  of  Brittany,  resulting
from  the  accident  of  the  ERIKA  in  December  1999.  Shortly  after  the  ERIKA
accident,  the  Commission  presented  a  number  of  proposals  to  help  prevent  such
accidents occurring  again. One of  the so called  “Erika  I” measures  was a proposed
Regulation on the phasing out of single-hull oil tankers. This Regulation was adopted
on 18 February 2002, and  applies from 1 September 20021. This  measure was  also
agreed  at  the  international  level  when  the  International  Maritime  Organisation
adopted a revision of its Regulation 13G of Annex I to the International Convention
on the Prevention of Pollution from Ships (MARPOL) 73/78 at the 46th meeting of
the Marine Environment Protection Committee in April 2001. The timetables for the
phase  in  of  the  double  hull  design  or  equivalent  requirements  that  were  eventually
adopted  at  EU  and  the  international  level  were  less  ambitious  than  those  initially
proposed by the European Commission.

When  another  26  year  old  single-hull  oil  tanker  carrying  77.000  of  heavy  fuel  oil,
sank,  and  will  potentially  cause  an  even  worse  environmental  disaster  than  the
ERIKA had in 1999, it became clear that the international and previously agreed EU
schemes were not sufficiently ambitious.

The Commission in its Communication on improving safety at sea in response to the
PRESTIGE  accident  (COM(2002)681  final)  announced  a  number  of  measures  to
minimise  the  risk  of  future  accidents  involving  ships  such  as  ERIKA  and
PRESTIGE.  The  Transport  Council  meeting  on  December  6th  2002,  furthermore
called for  an acceleration of the  calendar for  phasing-out of  single-hull  tankers, for
applying  the  Condition  Assessment  Scheme  from  15  years  of  age,  as  well  as  the
conclusion of administrative agreements by Member States in view of refusing single
hull  oil  tankers  carrying  the  heaviest  grades  of  oil  into  their  ports,  terminals  and
anchorage areas.

The  Commission  proposes  to  meet  these  objectives  by  an  amendment  of  the
Regulation  (EC)  No  417/2002,  to  bring  it  in  line  with  the  initial  Commission
proposal.

2.

PROPOSED ACTION AT COMMUNITY LEVEL

In  summary  the  Commission  proposes  three  amendments  to  the  existing
regulation:

1

OJ L 64, 7.3.2002, p.1 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, as amended by Regulation
(EC) No 2099/2002 (OJ L324, 29.11.2002, p.1).

2

                                                
1.

2.

3.

A  provision  that  heavy  grades  of  oil  shall  only  be  carried  by  double  hull
tankers.

A  revision  of  the  phasing  out  scheme  to  ensure  in  particular  that  single  hull
tankers of category 1 will not operate beyond 23 years and 2005, or, 28 years
and 2010 for category 2 and 28 years and 2015 for category 3.

A  broader  application  of  the  special  inspection  regime  for  tankers  (the
Condition Assessment Scheme), designed to assess the structural soundness of
single hull tankers, that have passed the age of 15 years.

2.1

Ban of transport of heavier grades of oil in single hull tankers

Heavy fuel oil is among the most polluting types of oil. In view of its relatively low
commercial  value  and  comparatively  small  risk  of  fire  or  explosion,  it  is  regularly
carried in older tankers nearing the end of their economic lives, i.e. ships that  pose
the  greatest safety  risks.  As  indicated  in  the  Communication  from  the  Commission
on  improving  safety  at  sea  in  response  to  the  Prestige  accident,  this  anomaly  is  of
great concern to the Commission.

The Commission therefore proposes to prohibit the transport of heavy grades of
oil in single-hulled tankers bound for or leaving EU ports of a Member State of
the EU.

The  heavy  grades  of  oil  chosen  are  heavy  fuel  oil,  heavy  crude  oil,  waste  oils  and
bitumen  and  tar.  When  spilt  into  the  sea  the  heavier  oils  behave  differently  from
lighter  grades  of  oil.  Due  to  their  low  volatility  and  high  viscosity  (resistance  to
flow),  heavier  oils  evaporate  slower  than  lighter  grades  and  hardly  disperse.
Therefore, these oils tend to remain in slicks and degrade only very slowly and can
cause  severe  ecological  damage  to  the  ecosystems  of  the  marine  and  coastal
environments.  In  contrast,  accidents  involving  spills  of  lighter  oils  may  result  in
atmospheric pollution. whilst lighter grades evaporate and pollutes the atmosphere.

The enormous challenge facing the coastal population in the clean-up operations of
heavy  fuel  oil  following  the  PRESTIGE  shipwreck  is  all  too  apparent  along  the
Spanish coasts.

Table 1: Volumes of oil imported and exported per year (extra EU and intra EU) by sea,
total EUR-15 (million tonnes).

Product

Import

Export

Heavy fuel oil
Heavy crude oil*
Bitumen and tar
Waste oils
Total oil trade to/from EU ports

Source: Eurostat (COMEXT)

35.7
70.0
0.18
0
c.a. 800.0

28.2
0
0.55
0

*Estimate - In 2001, heavy crude oil represented approximately 15% of all crude oil
imported to the EU.

3

The industry indications are that there is today already a sufficient capacity of double
hull  oil  tankers  to  ensure  that  this  proposal  will  not  cause  any  disturbance  of  the
security of supply.

2.2

Acceleration of the current phasing out scheme of single-hull oil tankers

2.2.1

The current legislation

For  the  purposes  of  the  phasing  out  scheme,  oil  tanker  categories  are  determined
according  to  the  tonnage,  construction  and  age  of  the  vessel.  The  following
categories have been defined:

-

-

-

Category 1: so-called "pre-MARPOL" single hull oil tankers, being crude
oil tankers of 20000 tons dead-weight and above and oil product carriers
of 30000 tons dead-weight and above having no segregated ballast tanks
in protective locations.

Category 2 corresponds to "MARPOL" single hull tankers, being of the
same size as category 1, but which are equipped with segregated ballast
tanks in protective locations.

Category 3 corresponds to single hull oil tankers below the size limits of
categories 1 and 2 but above 5000 tons dead-weight.

Note:  Category  (1)  tankers  are  generally  constructed  before  1982  and

Category (2) tankers between 1982 and 1996.

The  phasing-out  scheme  for  single  hull  oil  tankers  currently  enforced  under
Regulation (EC) No 417/2002 establishes the following final dates (cut-off dates) for
the operation of (a)  oil tankers entering into ports and offshore terminals under the
jurisdiction of Member States and (b) oil tankers flying the flag of Member States:

- until 2007 for Category (1) oil tankers;

- until 2015 for Category (2) and Category (3) oil tankers.

Secondly, the Regulation imposes age limits for the different categories of single hull
tankers  depending  on  their  category  and  year  of  construction.  These  age  limits  are
generally in the range of 26 to 30 years.

The above-mentioned age limits, and phase-out dates were established in parallel and
in  conformity  with  the  age-limits  laid  down  in  the  relevant  international  regulation
developed  by  IMO:  revised  Regulation  13  G  of  Annex  I  to  the  MARPOL
Convention.

The  establishment  of  the  aforementioned  phase-out  scheme  at  European  and
international level was initiated by a Commission proposal for a Regulation included
in  the  ERIKA  I  package  of  21  March  2000.  However,  the  initial  proposal  was
watered down considerably in the subsequent legislative process.

In particular, the Commission had proposed as final deadlines (cut-off dates) for the
categories  (1)  and  (2)  and  (3)  respectively  the  dates  of  2005,  2010  and  2015.  As
mentioned above, the first 2 deadlines were changed to 2007 and 2015 respectively.

4

Equally  important  was  the  change  in  the  age  limit  for  category  (1)  tankers.  The
Commission had proposed a maximum age limit of 23 years for this oldest category
of tankers; whereas this was extended to a range of 26 to 30 years in the legislation
as finally adopted.

The Prestige and the Erika were category (1) tankers of 26 years at the time of their
fatal  accident.  The  Prestige  would  have  been  phased  out  in  accordance  with  the
current legislation in March 2005.

2.2.2

Proposed amendments to the phase-out scheme

The severe oil spills of Community waters resulting from the accidents of the ERIKA
and PRESTIGE tankers have raised serious concerns about the adequacy of the age
limits introduced by Regulation No 417/2002.

The purpose of the modifications introduced in this proposal is to lower the age
limits,  and  cut-off  dates  to  the  level  as  initially  proposed  in  the  ERIKA  I
package in order to ensure a better protection of the marine environment.

Category  1  tankers  are  the  most  vulnerable  and  oldest  tankers.  They  should  ,be
phased out urgently. The end-date for the use of such tankers under the scope of this
Regulation is therefore moved from 2007 to 2005 with an age limit of 23 years.

Category  2  tankers  -  so  called  MARPOL  tankers  -  offer  better  protection  against
grounding and collision. In line with the United States’ Oil Pollution Act of 1990, the
Commission  proposed  a  final  deadline  of  2010  and  an  age  limit  of  maximum  28
years. We go back to the initial Commission proposal, but where Regulation (EC) No
417/2002 is more stringent, this will be kept as it is.

For  the  smaller  tankers  below  20000/30000  tons  deadweight,  that  is  category  (3)
tankers,  which  often  operate  in  regional  traffic,  the  rules  laid  down  in  Regulation
417/2002 are only slightly different from the initial ERIKA I proposal. However, it is
proposed that the age limit for these ships should in no case exceed the age limit of
28 years as also proposed for category (2).

2.2.3

Impact of the proposed measures on the oil tanker fleet

The further acceleration of the phasing out of single-hull oil tankers for the transport
of all types of oil will affect not only single-hull oil tankers under EU flag, but also
the world tanker fleet calling into EU ports. Oil trade to or from EU ports represents
roughly 28% of the total tanker trade.

The world tanker fleet has a capacity of roughly 330 million tons deadweight and is
currently  undergoing  a  rapid  modernisation  process.  The  tanker  industry  already
appears  to  have  anticipated  the  application  of  the  existing  phasing-out  scheme  as
illustrated by the following graph:

5

..Graph 1: Current forecast for replacement of the world-wide fleet of single-hull oil
tankers Source: Intertanko

100%

80%

60%

40%

20%

0%

%

. 

94

6

1991

Tanker fleet by hull

49

51

78

22

25

75

19

81

SH share (%)

DH share (%)

1997

end 2002

end 2007

end 2010

According  to  data  reported  by  the  International  Association  of  Independent  Tanker
Owners (Intertanko), the tanker industry is currently  engaged in the most extensive
renewal programme in a decade and a half. Renewal activity at the beginning of 2002
was  higher  than  in  1985,  the  industry's  peak  scrapping  year,  when  30  million  dwt.
were sent to the demolition yards. Up to 60 million dwt will need to be culled from
the  existing  fleet  by  2005  to  offset  the  arrival  of  double  hull  tankers  currently  on
order.

The current order book (shipyards world wide) comprises 600 tankers above 10000
tons  deadweight  totalling  60  million  tons  deadweight.  The  current  proposal  is
expected to give a further boost to newbuildings.

Considering the current overcapacity in the world tanker fleet and the large numbers
of tankers on order, there is no ground to fear for any disruption of the oil supply as a
result  of  the  present  proposals.  The  Commission  is  aware,  however,  of  the
considerably economic impact these proposals may have on the tanker industry and
will present a further economic analysis as soon as possible.

2.3

Condition Assessment Scheme

The  Condition  Assessment  Scheme  (CAS)  as  introduced  by  Regulation  (EC)  No.
417/2002  is  an  additional  reinforced  inspection  scheme  specifically  developed  to
detect structural weaknesses of single-hull oil tankers. It is carried out, every two and
a half years by the Flag State and by Classification Societies acting on their behalf.
Such  reinforced  inspections  are  crucial,  since  the  safety  of  a  ship  is  not  only
determined  by  the  age,  but  also  by  its  structural  integrity,  often  affected  by  for
instance maintenance.

6

The central idea in the current EU and IMO legislation is that single hull tankers of
Category  1  or  2  which  have  not  yet  reached  their  age  limit,  can  only  continue  to
operate beyond 2005 or 2010 respectively if they have passed successfully the test of
the  Condition  Assessment  Scheme.  If  not,  such  tankers,  even  though  they  are
relatively  young, may not be allowed to operate to  or  from  EU  ports,  or  under  EU
flag.

Regulation  (EC)  No  417/2002  as  well  as  Regulation  13G  of  MARPOL  Annex  I,
currently requires that Category 1 and Category 2 oil tankers shall comply with CAS
from the anniversary date of the delivery of the ship in 2005 and 2010 respectively.
Currently CAS does not apply to the smaller Category 3 ships. However, since also
these  ships  can  cause  severe  pollution,  the  Commission  proposes  that  such  ships
should also be required to comply.

The  Commission  therefore  proposes  to  introduce  a  requirement  that  all  remaining
categories  of  single-hull  oil  tankers  shall  comply  with  the  Condition  Assessment
Scheme  from  the  age  of  15  years.  The  Commission  is  aware  that  such  general
scheme  may  put  a  strain  on  the  available  capacity  of  inspectors  to  carry  out  these
inspections, and therefore consider that 2005 is the appropriate start-up date.

3.

3.1

SPECIFIC CONSIDERATIONS

Purpose and scope (1.1 and 1.2)

Article  1  is  modified  to  add  the  new  purpose  of  banning  the  use  of  single  hull  oil
tankers for the purpose of carrying the heavy grades of oil (Article 1.1).

The  scope  is  slightly  amended  to  also  cover  "anchorage  areas",  that  is  to  cover  oil
tankers  of  5000  tons  deadweight  and  above  that  are  entering  into  a  port,  offshore
terminal or anchorage areas under the jurisdiction of a Member State, irrespective
of their flag, or flying the flag of a Member State. This is consistent with Directive
95/21/EC as amended2, which includes anchorage  areas in  its scope for where Port
States have jurisdiction and may carry out inspections.(Article 1.2(a))

In addition, the scope is amended to cover oil tankers from 600 tons deadweight and
above, in order  to  ensure  that  the  ban  on  carriage of heavy  grades of  fuel  in single
hull  tankers  shall  equally  apply  to  small  tankers  between  600  and  5000  tons
deadweight.  This  is  in  line  with  the  lower  size  limit  initially  proposed  by  the
Commission (Article 1.2(b)).

3.2

Banning the use of single hull oil tankers for the carriage of the most polluting
heavy grades of oil (Article 1.3 and 1.4.(b))

New  definition  14  specifies  which  heavy  grades  of  oil  will  not  be  allowed  to  be
carried to or from EU ports, off shore installation or anchorage areas in single hull oil
tankers, and new definitions 15, 16, 17 and 18 further specify the characteristics of
these oils. The definitions used are the Combined Nomenclatures codes (CN codes)
of Commission Regulation (EC) No 1832/2002 of 1 August 2002 amending Annex I
to  Council  Regulation  (EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature

2

OJ L157, 7.7.1995, p.1, as amended.

7

                                                
and  on  the  Common  Customs  Tariff.  The  choice  of  oil  types  are  those  with  high
viscosity that in the case of an oil spill either sink or float in the sea, causing the most
severe forms of pollution of the marine and coastal environments (Article 1.3).

The provision introducing this ban is the new article 4.2. This article provides that all
shipments of heavy grades of oil to or from EU ports are carried by double hull oil
tankers, regardless of their flag.

The  old  Article  4.2  is  deleted,  as  it  concerns  special  requirements  for  Category  1
tankers above the age of 25 years. Since the new proposed age limit for these vessels
is set at 23 years, this article has become irrelevant (Article 1. 4 (b)).

3.3

Further acceleration of the phasing-out of single hull oil tankers (1.4 (a))

The timetable for the phasing-out of single-hull oil tankers as included in Regulation
(EC) N° 417/2002 will now be revised to include the new age limit of 23 years for
Category 1 tankers, and the maximum age of 28 years for Category 2 and 3 tankers.
This  is  in line  with the  age  limits initially  proposed by the  Commission,  as  are  the
new  final  end-dates  reintroduced  by  this  Regulation,  that  is  2005,  2010  and  2015
respectively (1.4(a)).

3.4

Earlier compliance with the Condition Assessment Scheme (CAS) (1.5)

Article 1.5 proposes to amend Article 5 of Regulation (EC) No 417/2002 in order to
ensure  that  the  CAS  requirement  shall  apply  from  the  anniversary  date  of  the
delivery of the ship in 2005 to all remaining single hull oil tankers above the age of
15  years.  The  date  of  2005  will  allow  Flag  States,  and  Classification  Societies
carrying out inspections on their behalf, enough time to prepare for the relevant CAS
inspections. The age of 15 years is in line with the established practice of submitting
oil tankers to enhanced inspections to detect age related deficiencies.

The CAS requirement for Category 1 tankers entering EU ports or flying the EU flag
becomes unnecessary, since according to this proposal these ships will be phased-out
by  2005.  Instead  Article  5  is  amended  to  include  Category  3  tankers.  The  CAS  as
adopted in Resolution MEPC 94(46), and as amended by Resolution MEPC 99(48)
shall  apply,  taking  into  account  the  application  dates  and  tanker  categories  as
specified in this Regulation.

4.

FRAMEWORK FOR ADOPTION

Given  the  urgency  to  ensure  improved  safety  of  seaborne  oil  trade,  and  given  that
this  measure  falls  under  the  co-decision  procedure,  the  Commission  urges  the
decision making EU institutions - the European Parliament and the Council - to adopt
this  measure  as  soon  as  possible,  to  ensure  that  it  enters  into  force  no  later  than
during the month of March 2003.

The  Commission  furthermore  calls  upon  the  Member  States  to  ensure  that  at  the
International  Maritime  Organisation  similar  measures  are  adopted  to  ensure
maximum effect and that an appropriate inspection scheme, equivalent to the CAS, is
introduced also to double hull oil tankers beyond 15 years of age.

8

2002/aaaa (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 417/2002 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 Commission3,

Having regard to the opinion of the Economic and Social Committee4,

Having regard to the opinion of the Committee of the Regions5,

Acting in accordance with the procedure laid down in Article 251 of the Treaty6,

Whereas:

(1)

(2)

(3)

3

4

5

6

7

8

Regulation  (EC)  No  417/20027  establishes  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,  to  reduce  the  risk  of  accidental  oil
pollution in European waters.

The Community is seriously concerned that the  age limits for the operation of single
hull oil tankers in that Regulation are not sufficiently stringent, and, particularly in the
wake  of  the  shipwreck  of  the  Category  1  single-hull  oil  tanker  “PRESTIGE”  at  the
same age as "ERIKA", that is at the age of 26 years, those age limits should be further
lowered.

The  Commissions  Communication  on  the  safety  of  the  seaborne  oil  trade8  proposed
age limits of 23, 28 and 25 to 30 years respectively for three categories of single hull
oil  tankers,  and  the  final  end-dates  of  2005,  2010  and  2015  respectively,  for  such
tankers. The initial proposal provided that the Regulation should apply to oil tankers

OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ  L64,  7.3.2002,  p.1.  Regulation  as  amended  by  Regulation  (EC)  No  2099/2002  (OJ  L324,
29.11.2002, p.1).
COM(2000) 142 final of 21.3.2000.

9

                                                
(4)

(5)

(6)

(7)

from  600  tons  deadweight  and  above.  The  limits  eventually  included  in  Regulation
(EC) No 417/2002 were, following negotiations, less stringent on all accounts.

The  Communication  from  the  Commission  to  the  European  Parliament  and  to  the
Council on Improving Safety at Sea9 in response to the Prestige accident stated that the
Commission intended to propose a Regulation prohibiting the transport of heavy fuel
oil in single-hulled tankers bound for or leaving ports in the Member States.

The Council conclusions of 6 December 2002 invited the Commission to present as a
matter  of  urgency  a  proposal  concerning  an  accelerated  phasing  out  of  single  hull
tankers and incorporating the Condition Assessment Scheme for tankers regardless of
the design from the age of 15 years. The Council further agreed that heavy grades of
oil shall only be transported in double hull oil tankers.

The  Condition  Assessment  Scheme  is  designed  to  detect  structural  weaknesses  in
ageing  oil-tankers  and  should  therefore  from  2005  apply  to  all  oil  tankers  above  the
age of 15 years.

The European Parliament called for stronger measures that can enter into force more
rapidly in its resolution EP XXXX on the "Prestige oil tanker disaster off the coast of
Galicia" of 21 November 2002, and stated that this new oil tanker disaster has again
underlined  the  need  for  effective  action  at  international  and  EU  level  in  order  to
significantly improve maritime safety.

(8)

Regulation (EC) No 417/2002 should be amended accordingly.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 417/2002 is amended as follows:

1)

In Article1, the following is added:

“, and to ban the transport to or from ports of the Member States of heavy grades of
oil in single hull oil tankers.”

2)

Article 2 is amended as follows:

(a)

the first indent of paragraph 1 is replaced by the following:

"- entering into a port, offshore terminal or anchorage area under the jurisdiction of a
Member State, irrespective of their flag, or"

(b)

in paragraph 1 the following is added:

"For the purpose of Article 4.2, this Regulation shall apply to oil tankers of 600 tons
deadweight and above."

3)

9

In article 3, the following points are added:

COM(2002) 681 final of 3.12.2002.

10

                                                
“14.  ‘heavy  grades  of  oil’  shall  mean  heavy  fuel  oil,  heavy  crude  oil,  waste  oils,
bitumen and tar.

15. 'heavy fuel oil' shall mean all oil products falling under CN codes10 2710 19 51,
2710 19 55, 2710 19 61, 2710 19 63, 2710 19 65 and 2710 19 69.

16.  'heavy  crude  oil'  shall  mean  crude  oils  falling  under  CN  code  2709  00  90  and
where the API grade is lower than 30.

17.  'waste  oils'  shall  mean  wastes  containing  mainly  petroleum  oils  or  bituminous
minerals, mixed or not with water, falling under CN code 2710 91 00 and 2710 99
00.

18. 'bitumen and tar' shall mean all oil products falling under CN code 2713 20 00,
2713 90 10, 2713 90 90 and 2715 00 00."

4)

Article 4 is amended as follows:

(a)

in paragraph 1, points (a), (b) and (c) are replaced by the following:

“(a)

for category (1) oil tankers:

– 

– 

– 

2003 for ships delivered in 1980 or earlier,

2004 for ships delivered in 1981,

2005 for ships delivered in 1982 or later;

(b)

for category (2) oil tankers:

– 

– 

– 

– 

– 

– 

– 

– 

2003 for ships delivered in 1975 or earlier,

2004 for ships delivered in 1976,

2005 for ships delivered in 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 or later;

(c)

for category (3) oil tankers:

– 

2003 for ships delivered in 1975 or earlier,

10

As  defined  in  "Commission  Regulation  (EC)  No  1832/2002  of  1  August  2002  amending  Annex  I  to
Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and  on  the  Common
Customs Tariff.(OJ L 290, 28.10.2002, p.197)"

11

                                                
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

2004 for ships delivered in 1976,

2005 for ships delivered in 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.”

(b)

paragraph 2 is replaced by the following:

“2. No  oil  tanker  carrying  heavy  grades  of  oil,  irrespective  of  its  flag,  shall  be
allowed  to  enter  into  ports,  offshore  terminals  and  anchorage  areas  under  the
jurisdiction of a Member State, unless such tanker is a double hull oil tanker."

5)

Article 5 is replaced by the following:

“Article 5

Compliance with the Condition Assessment Scheme for Category (2) and (3)
ships

1.

2.

An oil tanker above 15 years of age shall not be allowed to enter into ports, offshore
installations or anchorage areas under the jurisdiction of a Member State beyond the
anniversary of the date of delivery of the ship, in 2005 for Category (2) and Category
(3)  ships,  unless  it  complies  with  the  Condition  Assessment  Scheme  referred  to  in
Article 6.

The competent authorities of a Member State may allow an oil tanker above 15 years
of  age  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 (2) and Category
(3)  ships,  but  only  when  subject  to  compliance  with  the  Condition  Assessment
Scheme referred to in Article 6.”

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Article 2

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.

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

Article 3

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

Done at Brussels,

For the European Parliament
The President

For the Council
The President

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