Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Directive 1999/32/EC as regards the sulphur content of marine fuels amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2005-05-17
Institutions: European Commission
Subjects: EU policy, air quality, fuel, maritime transport, pollution control measures, sulphur, vessel

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.05.2005 
COM(2005) 212 final 

2002/0259 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

amending Directive 1999/32/EC as regards the sulphur content of marine fuels 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2002/0259 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

amending Directive 1999/32/EC as regards the sulphur content of marine fuels 

1. 

BACKGROUND 

Procedure 

–  On  20  November  2002  the  Commission  submitted  a  proposal  for  a  Directive  of  the 
European  Parliament  and  of  the  Council1  amending  Directive  99/32/EC  as  regards  the 
sulphur  content  of  marine  fuel  for  adoption  by  co-decision  procedure  as  laid  down  in 
Article 251 of the EC Treaty. 

–  The European Economic and Social Committee delivered its Opinion on 14 May 2003. 

–  The European Parliament adopted its position on first reading on 4 June 2003. 

–  The Council adopted its Common Position on 9 December 2004. 

–  The European Parliament adopted its position on second reading on 13 April 2005. 

This is an empty Line. 

Objective of the Commission proposal 

The aim of the proposal is to reduce the sulphur content of marine fuel, thereby reducing the 
impact  of  ships’  emissions  of  sulphur  dioxide  (SOx)  and  particulate  matter  on  acidification 
and human health. The Common Position included the following sulphur limits: 

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1.5% S limit for fuel used by all ships in the Baltic Sea (2006), North Sea & Channel 
(2007),  in  line  with  the  SOx  Emission  Control  Areas  agreed  at  the  International 
Maritime Organization; 

1.5% S limit for fuel used by passenger vessels on regular services to/from any EU 
ports (2006); 

0.1% S limit for fuel used by inland vessels and ships at berth in EU ports (2010). 

COM(2002)595 final (2002/0259 (COD)) 

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2. 

COMMISSION COMMENTS 

2.1. 

General 

At its plenary session of 13 April 2005, the European Parliament adopted 13 amendments, out 
of the 32 amendments that were tabled.  

The 13 amendments adopted by the Parliament were all part of a compromise package agreed 
with the Council. They do not change the fuel sulphur limits agreed in the Common Position. 
The Commission can accept all of the amendments in full. 

2.2. 

Detailed comments 

2.2.1.  Amendments accepted  

The Commission accepts the following amendments concerning recitals: amendments 1 and 2 
(minor rewording of the environmental and health justifications for directive); 3 (deletion of 
unnecessary text in relation to national emissions ceilings); 23 (calling for more efforts to be 
made to find international solutions); 24 (indicating the directive is the first step in an ongoing 
process); and 25 (strengthening existing text on the availability of low sulphur fuel).  

With  regard  to  the  substantive  provisions,  the  Commission  accepts  the  following 
amendments:  

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amendment 26, clarifying the entry into force date for the North Sea SOx Emission 
Control Area;  

amendments  27  and  28,  reflecting  International  Maritime  Organization  (IMO) 
requirements to help ensure the availability of compliant fuel;  

amendment 29, exempting ships which use shore-side electricity from the 0.1% fuel 
sulphur limit at berth;  

amendment 30, requiring continuous emissions reductions and monitoring for ships 
using exhaust gas cleaning as an alternative means of compliance;  

amendment  31,  requiring  the  Commission  review  in  2008  to  consider  proposals  to 
designate  new  IMO  SOx  Emission  Control  Areas  in  EU  seas,  and  to  reduce  the 
sulphur  limit  in  these  areas  down  to  a  possible  0.5%,  taking  into  account 
technological developments and a cost-effectiveness analysis; and  

amendment 32, stating that with its review, the Commission may consider submitting 
proposals on economic instruments as alternative or complementary measures.  

This is another empty line. 

2.3. 

Amended proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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