Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC
Date: 2005-07-06
Institutions: Council of the European Union, European Parliament
Subjects: EU control, European standard, acidification, air quality, diesel fuel, pollution control measures, vessel

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DIRECTIVE 2005/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 July 2005

amending Directive 1999/32/EC

as regards the sulphur content of marine fuels

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, 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,

(2) 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.

(3) Directive 1999/32/EC requires

the Commission to
consider what measures could be taken to reduce the
the combustion of
contribution to acidification of
if
marine fuels other
appropriate, make a proposal.

than marine gas oils and,

(4)

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, harming human health, damaging the environ-
ment, public and private property and cultural heritage
and contributing to acidification.

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

(5) Human beings and the natural environment in coastal
areas and in the vicinity of ports are particularly affected
by pollution from ships with high sulphur fuels. Specific
measures are therefore required in this regard.

Whereas:

environment

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

and,

(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 (OJ C 63 E, 15.3.2005, p. 26), Position of
the European Parliament of 13 April 2005 (not yet published in
the Official Journal) and Council Decision of 23 May 2005.

(6) The measures in this Directive complement Member
States' national measures to comply with emission
ceilings for atmospheric pollutants set out in Directive
2001/81/EC of
the
Council (6).

the European Parliament and of

(7) Reducing the sulphur content of

fuels has certain
advantages for ships,
in terms of operating efficiency
and maintenance costs, and facilitates the effective use of
certain emission abatement technologies such as selective
catalytic reduction.

(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).

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

(4) OJ L 242, 10.9.2002, p. 1.

Act of Accession.

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(8) The Treaty requires consideration to 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.

0,1 % sulphur by weight for marine fuels used by inland
waterway vessels and ships at berth in Community ports,
the date on which this requirement is to be applied
should be 1 January 2010. Since this deadline might
present Greece with technical problems, a temporary
some specific vessels
derogation is appropriate for
operating within the territory of the Hellenic Republic.

(9)

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
Protocol of 1978 relating thereto (hereinafter MARPOL).
This Protocol adds a new Annex VI
to MARPOL,
containing regulations for the prevention of air pollution
from ships. The 1997 Protocol, and consequently
Annex VI to MARPOL, entered into force on 19 May
2005.

(14) This Directive should be seen as the first step in an
ongoing process to reduce marine emissions, offering
prospects for further emission reductions through lower
fuel sulphur limits and abatement technologies, and for
economic instruments to be developed as an incentive to
achieve significant reductions.

(10) Annex VI to MARPOL makes provision for certain areas
to be designated as Sulphur Oxide Emission Control
Areas (hereinafter SOx Emission Control Areas).
It
already designates the Baltic Sea as such an area.
Discussions within the International Maritime Organisa-
tion (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.

(11) Given the global nature of maritime shipping, every
effort should be made to find international solutions.
Both the Commission and the Member States should
endeavour
to secure within the IMO a worldwide
reduction in the maximum authorised sulphur content
of marine fuels, including by examining the merits of
designating new sea areas as SOx Emission Control Areas
in accordance with Annex VI to MARPOL.

(12) Enforcement of

the obligations with regard to the
sulphur content of marine fuels is necessary to achieve
this Directive. Effective sampling and
the aims of
the Community are
dissuasive penalties throughout
necessary to ensure credible implementation of
this
Directive. Member States should take enforcement action
with respect to vessels flying their flag and to vessels of
all flags 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 international maritime law.

(15)

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

to promote,

(16)

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 and to call on the oil and
shipping industries to facilitate the availability and use of
low sulphur bunker fuel oil. Member States should take
action as appropriate to ensure that local marine fuel
suppliers make compliant fuel available,
in sufficient
quantities to meet demand.

(17) 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.

(18) 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 Council Directive 88/609/
EEC (2)
revised
. Directive 1999/32/EC should be
accordingly, as provided for in Article 3(4) thereof.

(13) To allow sufficient time for the maritime industry to
bring about technical adaptation to a maximum limit of

Act of Accession.

(2) OJ L 336, 7.12.1988, p. 1.

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

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(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 of
the European
Parliament and of the Council (1) to assist the Commis-
sion in the context of
the approval of emission
abatement technologies.

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

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

(22) 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 (2).

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

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 1999/32/EC is 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' territory, territorial seas and exclusive
economic zones or pollution control zones.’

The limitations on the sulphur content of certain
petroleum-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)

intended for processing prior

fuels
combustion;

to final

(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 endea-
vour to ensure, by the adoption of appropriate
measures not impairing the operations or opera-
tional 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
the damage to prevent or minimise excess
of
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;

(1) OL 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).

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

(h)

fuels used on board vessels employing approved
technologies in accordance
emission abatement
with Article 4c.';

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2. Article 2 shall be amended as follows:

(a)

the first indent in point 1 shall be replaced by the
following:

3d. Annex VI

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

‘-

any petroleum-derived liquid fuel, excluding
marine fuel, falling within CN code 2710 19 51
to 2710 19 69, or’;

3e. Ox Emission Control Areas means sea areas
defined as such by the IMO under Annex VI to
MARPOL;

(b)

the first subparagraph of point 2 shall be replaced
by the following:

‘gas oil means:

— any petroleum-derived liquid fuel, excluding
marine fuel, falling within CN code 2710 19
25, 2710 19 29, 2710 19 45 or 2710 19 49, or

— any petroleum-derived liquid fuel, excluding
marine fuel, of which less than 65 % by
volume (including 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
intended for use or in use on board a
including those fuels defined in ISO

fuel
vessel,
8217;’

3f.

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:

(d)

the following points shall be inserted:

(i)

according to a published timetable, or

‘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;

(ii) with crossings so regular or frequent that

they constitute a recognisable schedule;

3h. warship means a ship belonging to the armed
forces of a State bearing the external marks
its nationality,
distinguishing such ships of
under
the command of an officer duly
commissioned by the government 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;

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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 operations;

inland waterway vessel means a vessel particu-
larly intended for use on an inland waterway as
defined in Council Directive 82/714/EEC of
4 October 1982 laying down technical require-
ments for inland waterway vessels (*) , includ-
ing all vessels which carry:

(i)

a Community inland navigation certifi-
cate, as defined in Directive 82/714/EEC,

(ii)

a certificate issued pursuant to Article 22
of
the
the Revised Convention for
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' jurisdictions, 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
departments,
the Azores, Madeira and the
Canary Islands, as set out in Article 299 of the
Treaty;

3m. emission abatement technology means an exhaust
gas cleaning system, or any other technological
method that is verifiable and enforceable;’

(*) OJ L 301, 28.10.1982, p. 1. Directive as last
amended by the 2003 Act of Accession.

(e)

point 6 shall be deleted;

3. Article 3 shall be replaced by the following:

‘Article 3

not used within their territory if their sulphur content
exceeds 1 % by mass.

2.

Subject to appropriate monitoring of emissions
(i)
by competent authorities this requirement shall not
apply to heavy fuel oils used:

(a)

(b)

in combustion plants which fall within the
scope of Directive 2001/80/EC of the Eur-
the Council of
opean Parliament and 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 defini-
tion 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 Directive and applied in accordance with
Article 4 thereof;

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
1 700 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 combustion 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;

Maximum sulphur content of heavy fuel oil

take all necessary steps to
1. Member States shall
ensure that, as from 1 January 2003, heavy fuel oils are

(c)

in other combustion plants which do not fall
under (a) or (b), where the sulphur dioxide
emissions from those combustion plants do
not exceed 1 700 mg/Nm3 at an oxygen
content in the flue gas of 3 % by volume on
a dry basis;

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(d)

combustion in refineries, where

the
for
monthly average of emissions of
sulphur
dioxide averaged over all plants in the refinery,
irrespective of
fuel
the type of
combination used, is within a limit to be set
by each Member State, which shall not exceed
1 700 mg/Nm3. This
shall not apply to
combustion plants which fall under (a) or,
from 1 January 2008,
to those which fall
under (b).

fuel or

(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 is not operated without a
permit
issued by a competent authority, which
specifies the emission limits.

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.

2. The application dates for paragraph 1 shall be as
follows:

(a)

for the Baltic Sea area referred to in regulation 14(3)
(a) of Annex VI to MARPOL, 11 August 2006;

(b)

for the North Sea:

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

— 12 months after entry into force of the IMO
designation, according to established proce-
dures, or

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

the 2003 Act of Accession.

— 11 August 2007,

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;

whichever is the earlier;

(c)

for any other sea areas, including ports, that the
IMO subsequently designates as SOx Emission
Control Areas in accordance with regulation 14(3)
(b) of Annex VI to MARPOL: 12 months after the
date of entry into force of the designation.

(ii) paragraph 2 shall be deleted;

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

(b) with effect from 11 August 2005, paragraphs 3 and

4 shall be deleted;

— vessels flying their flag, and

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

5.

The following Articles shall be inserted:

‘Article 4a

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

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

1. Member States shall take all necessary measures to
ensure that marine fuels are not used in the areas of their

4.
From the date referred to in paragraph 2(a), Member
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 Community port if the sulphur content of

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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 flag and vessels of
all flags while in their ports.

Article 4b

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

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

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

6.
From the date referred to in paragraph 2(a), and in
accordance with Regulation 18 of Annex VI to MARPOL,
Member States shall:

(a)

inland waterway vessels; and

— maintain a register of local suppliers of marine fuel,

— 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 signed by the representative of the receiving
ship,

(b)

time for

ships at berth in Community ports, allowing
sufficient
the crew to complete any
necessary fuel-changeover operation as soon as
possible after arrival at berth and as late as possible
before departure.

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

2.

Paragraph 1 shall not apply:

— take action as appropriate against marine fuel
suppliers that have been found to deliver fuel that
does not comply with the specification stated on the
bunker delivery note,

(a) whenever, according to published timetables, ships
are due to be at berth for less than two hours;

— ensure that remedial action as appropriate is taken
to bring any non-compliant marine fuel discovered
into compliance.

From the date referred to in paragraph 2(a), Member
7.
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.

(b)

to inland waterway vessels that carry a certificate
proving conformity with the International Conven-
tion for the Safety of Life at Sea, 1974, as amended,
while those vessels are at sea;

(c)

until 1 January 2012 for the vessels listed in the
Annex and operating exclusively within the terri-
tory of the Hellenic Republic;

(d)

to ships which switch off all engines and use shore-
side electricity while at berth in ports.

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.

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.

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Article 4c

— results of any trials conducted under paragraph 1,

Trials and use of new emission abatement
technologies

— effects on the environment,

including achievable
emission reductions, and impacts on ecosystems in
enclosed ports, harbours and estuaries,

1. Member States may,
in cooperation with other
Member States, as appropriate, approve trials of ship
emission abatement technologies on vessels flying their
flag, or in sea areas within their jurisdiction. During these
trials the use of marine fuels meeting the requirements of
Articles 4a and 4b shall not be mandatory, provided that:

— the Commission and any port State concerned are
notified in writing at least six months before trials
begin,

— permits for trials do not exceed 18 months in

duration,

— all ships involved install tamper-proof equipment
funnel gas

for
emissions and use it throughout the trial period,

the continuous monitoring of

— all

ships

involved 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,

— there are proper waste management systems in
place for any waste generated by the emission
abatement technologies throughout the trial period,

— there is an assessment of impacts on the marine
environment, particularly ecosystems in enclosed
ports, harbours and estuaries throughout the trial
period, and

— feasibility of monitoring and verification.

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
accordance with the procedure referred to in Article 9(2).
The Commission shall communicate these criteria to the
IMO.

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
abatement technology, provided that these ships:

— continuously 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,

— are fitted with continuous emission monitoring

equipment, and

— 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.’

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

(*) 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).

Emission abatement technologies for ships flying the
2.
flag of a Member State shall be approved in accordance
with the procedure referred to in Article 3(2) of
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 Preven-
tion of Pollution from Ships (COSS) (*),
taking into
account:

— guidelines to be developed by the IMO,

6. Article 6 shall be amended as follows:

(a)

the following paragraph shall be inserted:

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

take

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

— sampling of

for on-board
the marine fuel
combustion 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;

indicate the corresponding quantity of fuel
and shall
used, and the calculated average sulphur content.
Member States shall also report the number of inspec-
tions made on board ships, and record the average
sulphur content of marine fuels used in their territory
which do not fall within the scope of this Directive on
11 August 2005.

2. On the basis, inter alia, of:

(a)

annual
paragraph 1;

reports

submitted in accordance with

— inspection of ships'
delivery notes.

log books and bunker

costs and modal shift;

(b) observed trends in air quality, acidification,

fuel

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 frequency, in sufficient quantities, and in
such a way that the samples are representative of the
fuel examined, and of the fuel being used by ships
sea areas, ports and inland
while in relevant
waterways.

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.’;

(c)

(d)

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

a new cost-effectiveness analysis,
including direct
and indirect environmental benefits, of measures
contained in Article 4a(4) and of possible further
emission reduction measures; and

(e)

the implementation of Article 4c,

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

(b)

in paragraph 2, point (a) shall be replaced by the
following:

The Commission may submit with its report proposals
for amending this Directive, in particular as regards:

‘(a)

ISO method 8754 (1992) and PrEN ISO 14596
for heavy fuel oil and marine fuels;’

— a second stage of sulphur limit values laid down for

each fuel category, and

7.

Article 7 shall be replaced by the following:

— taking account of work within the IMO, the sea
areas where low sulphur marine fuels are to be used.

‘Article 7

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
this
the liquid fuels falling within the scope of
Directive and used within their territory during the
include a
preceding calendar year. That report shall
record of the total number of samples tested by fuel type

The Commission shall give particular consideration to
proposals for:

(a)

the designation of additional SOx Emission Control
Areas;

(b)

the reduction of sulphur limits for marine fuel used
in SOx Emission Control Areas possibly down to
0,5 %;

(c)

alternative or complementary measures.

L 191/68

EN

Official Journal of the European Union

22.7.2005

3. By 31 December 2005, the Commission shall report
to the European Parliament and to the Council on the
possible use of
including
mechanisms such as differentiated dues and kilometre
charges, tradable emission permits and offsetting.

instruments,

economic

The Commission may consider submitting proposals on
economic instruments as alternative or complementary
measures in the context of the 2008 review, provided
that environmental and health benefits can be clearly
demonstrated.

4. Any amendments necessary to make technical
adaptations to Article 2, points 1, 2, 3, 3a, 3b and 4
or Article 6(2) in the light of scientific and technical
shall be adopted in accordance with the
progress
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

1. The Commission shall be assisted by a committee.

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 Strasbourg, 6 July 2005.

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.’

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

9.

The text set out in the Annex to this Directive shall be
added.

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 11 August 2006. They shall forthwith inform
the Commission 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 20th day following
its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
J. STRAW

22.7.2005

EN

Official Journal of the European Union

L 191/69

ANNEX

‘ANNEX

GREEK VESSELS

VESSEL'S NAME

DELIVERY YEAR

ARIADNEPALACE

IKARUSPALACE

KNOSSOSPALACE

OLYMPIAPALACE

PASIPHAEPALACE

FESTOSPALACE

EUROPAPALACE

BLUESTAR I

BLUESTAR II

BLUE STAR ITHAKI

BLUE STAR NAXOS

BLUE STAR PAROS

HELLENIC SPIRIT

OLYMPIC CHAMPION

LEFKAORI

SOPHOKLISVENIZELOS

2002

1997

2001

2001

1997

2001

2002

2000

2000

1999

2002

2002

2001

2000

1991

1990

IMO No

9221310

9144811

9204063

9220330

9161948

9204568

9220342

9197105

9207584

9203916

9241786

9241774

9216030

9216028

9035876

8916607’