Common Position (EC) No 13/2005 of 9 December 2004 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 directive of the European Parliament and of the Council amending Directive 1999/32/EC as regards the sulphur content of marine fuels
Date: 2004-12-09
Institutions: Council of the European Union
Subjects: air quality, diesel fuel, environmental standard, maritime transport, pollution control, quality of the environment, sulphur

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COMMON POSITION (EC) No 13/2005

adopted by the Council on 9 December 2004

with a view to adopting Directive 2005/…/EC of the European Parliament and of the Council of …
amending Directive 1999/32/EC as regards sulphur content of marine fuels

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(4)

(2005/C 63 E/03)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

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

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

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

The Community's environmental policy, as set out in the
action programmes on the environment and, in particu-
lar,
in the Sixth Community Environmental Action
Programme adopted by Decision No 1600/2002/EC (4),
on the basis of Article 174 of
the Treaty, aims to
achieve levels of air quality that do not give rise to unac-
ceptable impacts on, and risks to, human health and the
environment.

Council Directive 1999/32/EC of 26 April 1999 relating
to a reduction in the sulphur content of certain liquid
fuels (5)
lays down the maximum permitted sulphur
content of heavy fuel oil, gas oil and marine gas oil used
in the Community.

Directive 1999/32/EC requires
the Commission to
consider what measures could be taken to reduce the
contribution to acidification of
the combustion of
marine fuels other than marine gas oils and, if appro-
priate, make a proposal.

(1) OJ C 45 E, 25.2.2003, p. 277.
(2) OJ C 208, 3.9.2003, p. 27.
(3) Opinion of the European Parliament of 4 June 2003 (OJ C 68 E,
18.3.2004, p. 311), Council Common Position of 9 December
2004 and Position of the European Parliament of ………. (not yet
published in the Official Journal).

(4) OJ L 242, 10.9.2002, p. 1.
(5) OJ L 121, 11.5.1999, p. 13. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

Emissions from shipping due to the combustion of
marine fuels with high sulphur content contribute to air
pollution in the form of sulphur dioxide and particulate
matter. This damages the environment through acidifica-
tion and harms human health, property and cultural
heritage, particularly around coastal areas and in ports.

The measures in this Directive reducing emissions from
shipping in international waters complement Member
States' national measures to comply with emissions ceil-
ings for atmospheric pollutants set out
in Directive
2001/81/EC (6).

Reducing the sulphur content of fuels has certain advan-
tages for ships,
in terms of operating efficiency and
maintenance costs, and facilitates the effective use of
certain emission abatement technologies such as selec-
tive catalytic reduction.

The Treaty requires that consideration be given to the
special characteristics of the outermost regions of the
Community, namely the French overseas departments,
the Azores, Madeira and the Canary Islands.

of

1978

In 1997, a diplomatic conference adopted a Protocol to
amend the International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the
(hereinafter
Protocol
relating
‘MARPOL’). This Protocol adds a new Annex VI
to
MARPOL, containing regulations for the prevention of
air pollution from ships. The 1997 Protocol, and conse-
quently Annex VI to MARPOL, will enter into force on
19 May 2005.

thereto

‘SOx Emission Control Areas’).

Annex VI to MARPOL makes provision for certain areas
to be designated as Sulphur Oxide Emission Control
Areas (hereinafter
It
already designates the Baltic Sea as such an area. Discus-
sions
Maritime
Organisation (IMO) have resulted in agreement on the
principle of the designation of the North Sea, including
the English Channel, as a SOx Emission Control Area
following the entry into force of Annex VI.

International

within

the

(5)

(6)

(7)

(8)

(9)

(6) OJ L 309, 27.11.2001, p. 22. Directive as amended by the 2003

Act of Accession.

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(10)

(11)

Enforcement of
the obligations with regard to the
sulphur content of marine fuels is necessary to achieve
the aims of this Directive. Effective sampling and dissua-
sive penalties throughout the Community are necessary
to ensure credible implementation of
this Directive.
Member States should take enforcement action with
respect to vessels flying their flag and vessels while in
their ports. It is also appropriate for Member States to
cooperate closely to take additional enforcement action
with respect to other vessels in accordance with interna-
tional maritime law.

To allow sufficient time for the maritime industry to
enable technical adaptation to a maximum limit of 0,1 %
sulphur by weight
for marine fuels used by inland
waterway vessels and ships at berth in Community
ports, the date of application of this requirement should
be 1 January 2010. Since this deadline might present
technical problems to Greece, a temporary derogation is
appropriate for some specific vessels operating within
the territory of Greece.

(12)

It is essential to reinforce Member States' positions in
IMO negotiations, in particular to promote, in the revi-
sion phase of Annex VI to MARPOL, the consideration
of more ambitious measures as regards tighter sulphur
limits for heavy fuel oils used by ships and the use of
equivalent alternative emission abatement measures.

(13)

In its resolution A.926(22), the IMO Assembly invited
Governments, particularly those in regions where SOx
Emission Control Areas have been designated, to ensure
the availability of low sulphur bunker fuel oil in areas
within their jurisdiction.

(14)

The IMO has adopted guidelines for the sampling of fuel
to
for determining compliance with Annex VI
oil
MARPOL, and is due to develop guidelines on exhaust
gas cleaning systems and other technological methods to
limit SOx emissions in SOx Emission Control Areas.

(15) Directive 2001/80/EC of the European Parliament and of
the Council of 23 October 2001 on the limitation of
emissions of certain pollutants into the air from large
combustion plants (1)
recasts Directive 88/609/EEC.
Directive 1999/32/EC should be revised accordingly,
as provided for in Article 3(4) thereof.

(16)

(17)

(18)

(19)

It is appropriate for the existing Committee on Safe Seas
and the Prevention of Pollution from Ships established
by Regulation (EC) No 2099/2002 (2)
the
Commission in the context of the approval of emission
abatement technologies.

to assist

Emission abatement technologies, provided they have no
adverse effect on ecosystems and are developed subject
to appropriate approval and control mechanisms, can
provide at least equivalent or even greater emissions
reductions than using low sulphur fuel. It is essential
that the correct conditions exist to promote the emer-
gence of new emission abatement technologies.

The European Maritime Safety Agency should provide
assistance to the Commission and Member States, as
appropriate,
in monitoring the implementation of this
Directive.

The measures necessary for the implementation of this
Directive 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 (3).

(20) Directive 1999/32/EC should therefore be amended

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 1999/32/EC is hereby amended as follows:

1) Article 1(2) shall be replaced by the following:

‘2.
Reductions in emissions of sulphur dioxide resulting
from the combustion of certain petroleum-derived liquid
fuels shall be achieved by imposing limits on the sulphur
content of such fuels as a condition for their use within
Member States'
seas and exclusive
territory,
economic zones or pollution control zones.

territorial

The limitations on the sulphur content of certain petro-
leum-derived liquid fuels as laid down in this Directive shall
not, however, apply to:

(a) fuels intended for the purposes of research and testing;

(b) fuels intended for processing prior to final combustion;

(1) OJ L 309, 27.11.2001, p. 1. Directive as amended by the 2003 Act

of Accession.

(2) OL L 324, 29.11.2002, p. 1. Regulation as amended by Commis-

sion Regulation (EC) No415/2004 (OJ L 68, 6.3.2004, p. 10).

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

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(c) fuels to be processed in the refining industry;

(d) fuels used and placed on the market in the outermost
regions of the Community provided that the relevant
Member States ensure that, in those regions:

— air quality standards are respected;

— heavy fuel oils are not used if their sulphur content

exceeds 3 % by mass;

(e) fuels used by warships and other vessels on military
service. However, each Member State shall endeavour to
ensure, by the adoption of appropriate measures not
impairing the operations or operational capability of
such ships, that these ships act in a manner consistent,
so far as is reasonable and practical, with this Directive;

(f) any use of fuels in a vessel necessary for the specific
purpose of securing the safety of a ship or saving life at
sea;

(g) any use of

fuels in a ship necessitated by damage
sustained to it or its equipment, provided that all
reasonable measures are taken after the occurrence of
the damage to prevent or minimise excess emissions
and that measures are taken as soon as possible to
repair the damage. This shall not apply if the owner or
master acted either with intent to cause damage, or
recklessly;

(h) fuels used on board vessels employing approved emis-
in accordance with
technologies

sion abatement
Article 4c.’;

2) Article 2 shall be amended as follows:

(a) in point 1, the first indent shall be replaced by the

following:

‘– any petroleum-derived liquid fuel, excluding marine
falling within CN code 2710 19 51 to

fuel,
2710 19 69, or;’

(b) in point 2, the first subparagraph shall be replaced by

the following:

‘gas oil means:

— any petroleum-derived liquid fuel, excluding marine
2710 19 25,

fuel,
2710 19 29, 2710 19 45 or 2710 19 49; or,

falling within

CN code

losses) distils at 250 oC and of which at least 85 %
by volume (including losses) distils at 350 oC by the
ASTM D86 method.;’

(c) point 3 shall be replaced by the following:

‘3. marine fuel means any petroleum-derived liquid fuel
intended for or in use on board a vessel, including
those fuels defined in ISO 8217;’

(d) the following points shall be inserted:

‘3a marine diesel oil means any marine fuel which has a
viscosity or density falling within the ranges of
viscosity or density defined for DMB and DMC
grades in Table I of ISO 8217;

3b marine gas oil means any marine fuel which has a
viscosity or density falling within the ranges of
viscosity or density defined for DMX and DMA
grades in Table I of ISO 8217;

3c MARPOL means the International Convention for
the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto;

3d MARPOL Annex VI means the annex, entitled
“Regulations for the Prevention of Air Pollution
from Ships”, that the Protocol of 1997 adds to
MARPOL;

3e

3f

SOx Emission Control Areas means sea areas defined
as such by the International Maritime Organisation
(IMO) under MARPOL Annex VI;

passenger ships means ships that carry more than
12 passengers, where a passenger is every person
other than:

(i) the master and the members of the crew or
other person employed or engaged in any
capacity on board a ship on the business of
that ship, and

(ii) a child under one year of age;

3g

regular services means a series of passenger ship
crossings operated so as to serve traffic between
the same two or more ports, or a series of voyages
from and to the same port without intermediate
calls, either:

— any petroleum-derived liquid fuel, excluding marine
fuel, of which less than 65 % by volume (including

(i) according to a published timetable, or

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(ii) with crossings so regular or frequent that they

constitute a recognisable schedule;

3m emission abatement technology means an exhaust gas
technological

cleaning
method that is verifiable and enforceable.

system, or

any other

(*) OJ L 301, 28.10.1982, p. 1. Directive as last

amended by the 2003 Act of Accession’;

3h warship means a ship belonging to the armed forces
of a State bearing the external marks distinguishing
such ships of its nationality, under the command
of an officer duly commissioned by the govern-
ment of the State and whose name appears in the
appropriate service list or
its equivalent, and
manned by a crew which is under regular armed
forces discipline;

(e) point 6 shall be deleted.

3) Article 3 shall be replaced by the following:

3i

3j

ships at berth means ships which are securely
moored or anchored in a Community port while
they are loading, unloading or hotelling, including
the time spent when not engaged in cargo opera-
tions;

inland waterway vessel means a vessel particularly
intended for use on an inland waterway as defined
in Council Directive 82/714/EEC of 4 October
requirements
1982 laying down technical
for
inland waterway vessels (*),
including all vessels
which carry:

— a Community inland navigation certificate, as

defined in Directive 82/714/EEC,

— a certificate issued pursuant to Article 22 of the
Revised Convention for the Navigation of the
Rhine;

3k

placing on the market means supplying or making
available to third persons, against payment or free
of charge, anywhere within Member States' juris-
dictions, marine fuels for on-board combustion. It
excludes supplying or making available marine
fuels for export in ships' cargo tanks;

3l

outermost regions means the French overseas depart-
ments, the Azores, Madeira and the Canary Islands,
as set out in Article 299 of the Treaty;

‘Article 3

Maximum sulphur content of heavy fuel oil

1. Member States shall take all necessary steps to ensure
that, as from 1 January 2003, heavy fuel oils are not used
within their territory if their sulphur content exceeds 1 % by
mass.

2.

(i) Subject to appropriate monitoring of emissions by
shall not

this requirement

competent authorities
apply to heavy fuel oils used:

(a) in combustion plants which fall within the scope
of Directive 2001/80/EC of the European Parlia-
ment and of the Council of 23 October 2001 on
the limitation of emissions of certain pollutants
into the air from large combustion plants (*),
which are considered new in accordance with the
definition given in Article 2(9) thereof and which
comply with the sulphur dioxide emission limits
for such plants set out in Annex IV to that Direc-
tive and applied in accordance with Article 4
thereof.

(b) in combustion plants which fall within the scope
of Directive 2001/80/EC, which are considered
existing in accordance with the definition given
in Article 2(10)
thereof, where the sulphur
dioxide emissions from these combustion plants
are equal to or less than 1700 mg/Nm3 at an
oxygen content in the flue gas of 3 % by volume
on a dry basis, and where, from 1 January 2008,
the emissions of sulphur dioxide from combus-
tion plants subject to Article 4(3)(a) of Directive
2001/80/EC are equal
to or less than those
resulting from compliance with the emission
limit values for new plants contained in Part A of
Annex IV to that Directive and where appro-
priate applying Articles 5, 7 and 8 thereof;

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(c) in other combustion plants which do not fall
under (a) or (b), where the sulphur dioxide emis-
sions from those combustion plants do not
exceed 1700 mg/Nm3 at an oxygen content in
the flue gas of 3 % by volume on a dry basis;

(d) for combustion in refineries, where the monthly
average of emissions of sulphur dioxide averaged
over all plants in the refinery, irrespective of the
type of fuel or fuel combination used, are within
a limit to be set by each Member State, which
shall not exceed 1700 mg/Nm3. This shall not
apply to combustion plants which fall under (a)
or, from 1 January 2008, to those which fall
under (b).

(ii) Member States shall take the necessary measures to
ensure that any combustion plant using heavy fuel
oil with a sulphur concentration greater than that
referred to in paragraph 1 shall not be operated
without a permit issued by a competent authority,
which specifies the emission limits.

3.
The provisions of paragraph 2 shall be reviewed and,
if appropriate, amended in the light of any future amend-
ment of Directive 2001/80/EC.

(*) OJ L 309, 27.11.2001, p. 1. Directive as amended by

the 2003 Act of Accession’;

4) Article 4 shall be amended as follows:

(a) With effect from 1 January 2010:

(i) in paragraph 1, the words ‘including marine gas oils’

shall be deleted;

(ii) paragraph 2 shall be deleted.

(b) With effect from ………. (*), paragraphs 3 and 4 shall

be deleted.;

5) The following Articles shall be inserted:

‘Article 4a

The application dates for paragraph 1 shall be as

2.
follows:

(a) for the Baltic Sea area referred to in regulation 14(3)(a)

of MARPOL Annex VI, … (*);

(b) for the North Sea and any other sea areas,

including
the IMO subsequently designates as SOx
accordance with
Control

ports,
Emission
regulation 14(3)(b) of MARPOL Annex VI:

Areas

that

in

— 12 months after entry into force of that designation,

or

— ………. (**),

whichever is the later.

3. Member States shall be responsible for the enforce-
ment of paragraph 1 at least in respect of:

— vessels flying their flag; and

— in the case of Member States bordering SOx Emission
Control areas, vessels of all flags while in their ports.

Member States may also take additional enforcement action
in respect of other vessels in accordance with international
maritime law.

From the date referred to in paragraph 2(a), Member
4.
States shall
take all necessary measures to ensure that
marine fuels are not used in their territorial seas, exclusive
economic zones and pollution control zones by passenger
ships operating on regular services to or from any Com-
munity port if the sulphur content of those fuels exceeds
1,5 % by mass. Member States shall be responsible for the
enforcement of this requirement at least in respect of vessels
flying their flags and vessels of all flags while in their ports.

shall

From the date referred to in paragraph 2(a), Member
5.
States
ships'
correct
logbooks, including fuel-changeover operations, as a condi-
tion of ships' entry into Community ports.

completion of

require

the

Maximum sulphur content of marine fuels used in SOx
Emission Control Areas and by passenger ships oper-
ating on regular services to or from Community ports

6.
From the date referred to in paragraph 2(a), Member
States shall ensure that the sulphur content of all marine
fuels sold in their territory is documented by the supplier
on a bunker delivery note, accompanied by a sealed sample.

1. Member States shall take all necessary measures to
ensure that marine fuels are not used in the areas of their
territorial seas, exclusive economic zones and pollution
control zones falling within SOx Emission Control Areas if
the sulphur content of those fuels exceeds 1,5 % by mass.
This shall apply to all vessels of all flags, including vessels
whose journey began outside the Community.

7.
From the date referred to in paragraph 2(a), Member
States shall ensure that marine diesel oils are not placed on
the market in their territory if the sulphur content of those
marine diesel oils exceeds 1,5 % by mass.

(*) 19 May 2006 or, if later, 12 months after entry into force of this

Directive.

(*) Date of entry into force of this Directive.

(**) 12 months after entry into force of this Directive.

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8.
The Commission shall notify Member States of the
application dates mentioned in paragraph 2(b) and publish
them in the Official Journal of the European Union.

use of marine fuels meeting the requirements of Articles 4a
and 4b shall not be mandatory, provided that:

Article 4b

Maximum sulphur content of marine fuels used by
inland waterway vessels and ships at berth in Com-
munity ports

1. With effect from 1 January 2010, Member States shall
take all necessary steps to ensure that the following vessels
do not use marine fuels with a sulphur content exceeding
0,1 % by mass:

(a) inland waterway vessels; and

— the Commission and any port State concerned are noti-
fied in writing at least 6 months before trials begin;

— permits for trials do not exceed 18 months in duration;

— all ships involved install tamper-proof equipment for the
continuous monitoring of funnel gas emissions and use
it throughout the trial period;

— all ships involved achieve emissions reductions which
are at least equivalent to those which would be achieved
through the limits on sulphur in fuel specified in this
Directive;

(b) ships at berth in Community ports, allowing sufficient
time for the crew to complete any necessary fuel-chan-
geover operation as soon as possible after arrival at
berth and as late as possible before departure.

— there are proper waste management systems in place for
any waste generated by the emission abatement technol-
ogies throughout the trial period;

Member States shall require the time of any fuel-changeover
operation to be recorded in ships' logbooks.

— there is an assessment of impacts on the marine envir-
in enclosed ports,

onment, particularly ecosystems
harbours and estuaries throughout the trial period; and

2.

Paragraph 1 shall not apply:

(a) whenever, according to published timetables, ships are

due to be at berth for less than two hours;

(b) to inland waterways vessels that carry a certificate
proving conformity with the International Convention
for the Safety of Life at Sea, 1974, as amended, while
those vessels are at sea;

— full results are provided to the Commission, and made
publicly available, within six months of the end of the
trials.

2.
Emission abatement technologies for ships flying the
flag of a Member State shall be approved in accordance
referred to in Article 3(2) of
with the procedure
Regulation (EC) No 2099/2002 of the European Parliament
and of the Council of 5 November 2002 establishing a
Committee on Safe Seas and the Prevention of Pollution
from Ships (COSS) (*), taking into account:

(c) until 1 January 2012 for the vessels listed in the Annex
and operating exclusively within the territory of Greece.

— guidelines to be developed by the IMO;

3. With effect from 1 January 2010, Member States shall
ensure that marine gas oils are not placed on the market in
their territory if the sulphur content of those marine gas
oils exceeds 0,1 % by mass.

Article 4c

Trials and use of new emission abatement technologies

— results of any trials conducted under paragraph 1;

— effects on the environment, including achievable emis-
sions reductions, and impacts on ecosystems in enclosed
ports, harbours and estuaries;

— feasibility of monitoring and verification.

in cooperation with other
1. Member States may,
Member States, as appropriate, approve trials of ship emis-
sion abatement technologies on vessels flying their flag, or
in sea areas within their jurisdiction. During these trials the

3.
Criteria shall be established for the use of emission
abatement technologies by ships of all flags in enclosed
ports, harbours and estuaries in the Community in accord-
ance with the procedure referred to in Article 9(2). The
Commission shall communicate these criteria to the IMO.

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4.
As an alternative to using low sulphur marine fuels
meeting the requirements of Articles 4a and 4b, Member
States may allow ships to use an approved emission abate-
ment technology, provided that these ships:

Member States shall also take reasonable measures, as
appropriate, to monitor the sulphur content of marine
fuels other than those to which Articles 4a and 4b
apply.’.

— achieve emission reductions which are at least equivalent
to those which would be achieved through the limits on
sulphur in fuel specified in this Directive; and

(b) in paragraph 2, point

(a) shall be replaced by the

following:

‘(a) ISO method 8754 (1992) and PrEN ISO 14596 for

heavy fuel oil and marine fuels;’.

— document thoroughly that any waste streams discharged
into enclosed ports, harbours and estuaries have no
impact on ecosystems, based on criteria communicated
by the authorities of port States to the IMO.

7) Article 7 shall be replaced by the following:

(*) OJ L 324, 29.11.2002, p. 1. Regulation as amended by
Commission Regulation (EC) No 415/2004 (OJ L 68,
6.3.2004, p. 10).’;

‘Article 7

6) Article 6 shall be amended as follows:

(a) the following paragraph shall be inserted:

‘1a. Member States shall take the necessary measures
to ensure that
the sulphur content of marine fuels
complies with the relevant provisions of Articles 4a and
4b.

Each of the following means of sampling, analysis and
inspection shall be used as appropriate:

— sampling of the marine fuel for on-board combus-
tion while being delivered to ships, following IMO
guidelines, and analysis of its sulphur content;

— sampling and analysis of

the sulphur content of
marine fuel for on-board combustion contained in
tanks, where feasible, and in sealed bunker samples
on board ships;

— inspection of ships' log books and bunker delivery

notes.

Sampling shall commence on the date on which the
relevant limit for maximum sulphur content in the fuel
comes into force. It shall be carried out with sufficient
in sufficient quantities, and in such a way
frequency,
that the samples are representative of the fuel examined,
and of the fuel being used by ships while in relevant sea
areas, ports and inland waterways.

Reporting and review

1.
On the basis of the results of the sampling, analysis
and inspections carried out in accordance with Article 6,
Member States shall by 30 June of each year provide the
Commission with a short report on the sulphur content of
the liquid fuels falling within the scope of this Directive and
used within their territory during the preceding calendar
year. That report shall include a record of the total number
of samples tested by fuel type and shall indicate the corre-
sponding quantity of fuel used, and the calculated average
sulphur content. Member States
the
number of inspections made on board ships, and record the
average sulphur content of marine fuels used in their terri-
tory which do not fall within the scope of this Directive on
……… (*).

shall also report

2.

On the basis, inter alia, of:

(a) annual

reports submitted in accordance with para-

graph 1;

(b) observed trends in air quality, acidification, fuel costs

and modal shift; and

(c) progress in reducing emissions of sulphur oxides from
ships through IMO mechanisms following Community
initiatives in this regard;

(d) a new cost-benefit analysis, including direct and indirect
environmental benefits, of measures contained in Article
4a(4),

the Commission shall, by 2008, submit a report to the
European Parliament and to the Council.

(*) Date of entry into force of this Directive.

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The Commission may submit with its report proposals for
amending this Directive, in particular as regards a second
stage of sulphur limit values laid down for each fuel cate-
gory and, taking account of work within the IMO, the sea
areas where low sulphur marine fuels are to be used.

3.

The Committee shall adopt its Rules of Procedure.

(*) OJ L 184, 17.7.1999, p. 23.’.

9) The text set out in the Annex to this Directive shall be

added.

3.
By 31 December 2005, the Commission shall report
to the European Parliament and to the Council on the
possible use of economic instruments,
including mechan-
isms such as differentiated dues and kilometre charges, trad-
able emission permits and offsetting.

4.
Any amendments necessary to make technical adapta-
tions to Article 2, points 1, 2, 3, 3a, 3b and 4 or Article
6(2) in the light of scientific and technical progress shall be
adopted in accordance with the procedure referred to in
Article 9(2). Such adaptations shall not result in any direct
changes to the scope of
this Directive or to limits on
sulphur in fuel specified in this Directive.’;

8) Article 9 shall be replaced by the following:

‘Article 9

Committee procedure

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by ………. (*). They shall forthwith inform the Commis-
sion thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 3

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

Article 4

1.

The Commission shall be assisted by a committee.

This Directive is addressed to the Member States.

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

Done at

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

For the European Parliament

The President

For the Council

The President

(*) 12 months after the date of entry into force of this Directive.

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ANNEX

‘ANNEX

GREEK VESSELS

Vessel's name

Delivery year

IMO number

Ariadne Palace

Ikarus Palace

Knossos Palace

Olympia Palace

Pasiphae Palace

Festos Palace

Europa Palace

Blue Star I

Blue Star II

Blue Star Ithaki

Blue Star Naxos

Blue Star Paros

Hellenic Spirit

Olympic Champion

Lefka Ori

Sophoklis Venizelos

2002

1997

2001

2001

1997

2001

2002

2000

2000

1999

2002

2002

2001

2000

1991

1990

9221310

9144811

9204063

9220330

9161948

9204568

9220342

9197105

9207584

9203916

9241786

9241774

9216030

9216028

9035876

8916607’

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

1. On 28 November 2002, the Commission submitted to the Council a proposal for a Directive of the
European Parliament and the Council amending Directive 1999/32/EC as regards the sulphur
content of marine fuels.

2. The European Parliament adopted its opinion at first reading at its session from 2 to 5 June 2003.

3. The Economic and Social Committee submitted its opinion on 14 May 2003.

4. The Committee of the Regions indicated on 20 January 2003 its intention not to issue an opinion.

5. The Commission adopted an amended proposal on 1 August 2003.

6. On 9 December 2004, the Council adopted its common position in accordance with Article 251(2)

of the Treaty.

II. OBJECTIVE

The proposed amendments to Directive 1999/32/EC seek to extend its scope to all types of petroleum-
derived liquid fuels used on board ships and to limit the sulphur content of these marine fuels when
being used by ships in certain parts of the European Union.

The objective is to reduce the ships emissions of sulphur dioxide and particulate matter (PM), as set
out in the parallel EU strategy to reduce atmospheric emissions from seagoing ships. The proposal
aims to implement the Sulphur Oxide Emission Control Areas already designated by the International
Maritime Organisation (IMO) in its air pollution convention, MARPOL Annex VI. The proposal modi-
fies the provisions of Directive 1999/32/EC concerning the sulphur content of marine fuels, as follows:

— introduce a limit of 1.5 % of sulphur content on marine fuels used by all seagoing vessels, in the
Baltic, the North Sea and the English Channel, in line with MARPOL Annex VI, in order to reduce
the effect ship's emissions on acidification in northern Europe;

— introduce a limit of 1.5 % of sulphur content on marine fuels used by passenger vessels in regular
service to or from any Community port, in order to improve the quality of the air, particularly
around ports and coasts and create a sufficient demand to ensure EU-wide supply of fuel with a
sulphur content of not more than 1.5 %;

— amend the existing provision for marine gas oils by requiring ships at berth and inland waterway
vessels to use fuels having a sulphur content of 0.1 % or less (from 1 January 2010), in order to
reduce local emissions of SO2 and PM and improve local air quality. A derogation for 16 specific
vessels in Greece applies till 1 January 2012;

— In order to ensure that compliant fuels are available, ban the sale of marine gas oils (DMA and
DMX grades) with more than 0.1 % sulphur content by 2010, to remove the current 0.2 %
sulphur content limit on DMB and DMC grades marine diesel oils, and subsequently ban the sale of
such fuels with more than 1.5 % sulphur content.

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III. ANALYSIS OF THE COMMON POSITION

1. General

The European Parliament adopted 36 amendments to the Commission proposal.

In the Council's view, the common position constitutes a balanced compromise where:

— there is a coherent set of dates for entry into force of the Directive's provisions, taking into

account the now imminent entering into force of MARPOL Annex VI (in May 2005);

— no derogations are laid down in conflict with the entering into force of MARPOL Annex VI and

the establishment of SOxECAs;

— the technical and practical problems of the new requirements for ships at berth are taken into
consideration in a reasonable manner, including the specific temporary derogation asked by EL
for some Ro/Ro ferries.

MARPOL Annex VI enters into force internationally one year after it has been ratified by at least 15
flag States representing at least 50 % of the gross tonnage of the world merchant shipping. 17
countries have now ratified as on 15 October 2004 – Sweden, Norway, Singapore, the Bahamas,
the Marshall Islands, Liberia, Denmark, Germany, Vanuatu, Panama, Greece, Bangladesh, Spain,
Barbados, Samoa, Azerbaijan and the United Kingdom – representing more than 50 % of the world
tonnage. Samoa, the 15th State, ratified MARPOL Annex VI on 19 May 2004, paving the way for
Annex VI to be brought into operation from 19 May 2005 and Regulation 14 (Baltic Sea SOxECA)
to be brought into operation on 19 May 2006. Six EU Member States (DK, DE, EL, ES, SE, UK)
have already ratified MARPOL, and four Member States (NL, FI, CY, PL) are in the last stage of ratifi-
cation, expected this year.

The common position is in accordance with positions taken by the Commission and the European
Parliament as regards the objective to extend the scope of Directive 1999/32/EC to all petroleum-
derived liquid fuels used on board ships operating in Member States waters.

The Council:

(a) Introduced in the common position 21 amendments in full, in part or in principle, as follows:

Amendment 1:

the spirit of this amendment is incorporated in Recital 4.

Amendment 3:

the spirit of this amendment is incorporated in Recital 5.

Amendment 4:

the spirit of this amendment is included in Recital 4.

Amendment 5:

the spirit of this amendment is incorporated in Recital 6.

Amendment 6:

the spirit of this amendment is reflected both in Recitals 6 and 17.

Amendment 7:

incorporated in full in Recital 7.

Amendment 8:

the spirit of this amendment is included in Recital 10.

Amendment 40:

according to general rules for the drafting of Community legislation the
purpose of a recital is to set out concise reasons for a chief provision of the
enacting terms, and they shall not contain normative provisions or political
exhortations; however, the spirit of this amendment is reflected in Recital 12.

Amendment 18:

the aim of this amendment is incorporated by Article 1(1)(d).

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Amendment 30:

the spirit of this amendment is referred to in Recital 19.

Amendment 38:

the definition provided for in Article 2 (3j) follows the spirit of this amend-
ment.

Amendment 39:

the definition provided for in Article 2 (3k) reflects the aim of this amend-
ment in a more detailed and specific manner.

Amendment 10:

this amendment is included in Article 4 with consequential amendments as
regards the timetable.

Amendment 23:

this is addressed by new Article 4b which postpones implementation until
2010 for all types of vessels.

Amendment 43:

this is addressed comprehensively by the new Article 4c.

Amendment 27:

this is reflected in the new text of Article 6 with the drafting clarified to
avoid any technical difficulties in application.

Amendment 29:

the spirit of this amendment is followed in Recital 10 and is also addressed
in Article 11 of Directive 99/32.

Amendment 31:

this concern is addressed by the use of the expression ‘liquid fuels’.

Amendment 32:

the spirit of this amendment is reflected in Recitals 4 and 6 and Article 7.2.

Amendment 33:

is accepted.

Amendment 44:

the spirit of this amendment is reflected in Article 7.

(b) did not incorporate 15 amendments (2, 4, 13, 14, 15, 16, 17, 21, 22, 28, 41, 42, 24, 25, 26,

37) in the common position:

Amendment 2:

this amendment could not be incorporated as it was not felt to be
relevant.

Amendments 14:

this amendment could not be incorporated as the paragraph to
which it relates has been deleted.

Amendments 15, 16, 17:

these amendments could not be incorporated. However, the spirit of
these amendments is reflected in Article 4(a)2 which aims to bring
forward entry into force to May 2006, to be aligned with MARPOL
Annex VI.

Amendments 21 and 22:

could not be incorporated.

Amendment 28:

could not be incorporated.

Amendment 41 and 42:

could not be accepted because the Council felt it was premature to
anticipate future legislation (a second phase) which would depend
on the assessment of the application of the current amendments.
Nevertheless, the need for further improvement in future is recog-
nised by the new Article 7.2.

Amendment 24:

could not be incorporated.

Amendment 25:

could not be incorporated as it was not felt to be proportionate.

Amendment 26:

Amendment 37:

could not be accepted as Amendment 42 had been rejected (new
Article 4.a.a).

could not be incorporated as the Council felt that 12 months would
be necessary for transposition.

(c) The Council introduced Article 4a (3) and (4) to clarify issues related to the enforcement of the

Directive's different provisions.

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IV. CONCLUSION

Despite the fact that the Council is not able to accept all amendments adopted by the European Parlia-
ment, it considers that the common position meets to a large extent the concern of the Parliament and
that it is in line with the Commission's amended proposal, substantially reducing sulphur dioxide emis-
sions in the EU, with reductions targeted to deliver the greatest possible benefits in and around popu-
lated ports and coastlines and in acid-sensitive ecosystems.

This exercise gives an incentive to EU Member States to do more internationally to improve environ-
mental standards for ships and particularly through the ratification and strengthening of MARPOL
Annex VI.