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: 2006-03-27
Institutions: European Commission
Subjects: International Maritime Organisation, international convention, international standard, maritime transport, oil pollution, prevention of pollution, tanker, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.3.2006 
COM(2006)111 final 

2006/0046(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) 

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EXPLANATORY MEMORANDUM 

The  purpose  of  Regulation  (EC)  No 417/2002  as  adopted  is  to  introduce  double-hull  or 
equivalent  design  requirements  for  single-hull  oil  tankers  in  order  to  reduce  the  risk  of  oil 
pollution. 

As  part  of  the  urgent  initiatives  taken  following  the  sinking  of  the  Prestige  oil  tanker,  on 
20 December 2002  the  Commission  decided  to  propose  an  amendment  to  Regulation  (EC) 
No 417/2002  to  accelerate  the  initial  timetable  for  phasing  out  single-hull  oil  tankers  and 
immediately  to  prohibit  the  carriage  of  heavy  grade  oil  products  in  single-hull  oil  tankers 
bound for or leaving ports in a Member State of the European Union. 

By  June  2003  most  of  the  Commission’s  proposal  had  been  approved  by  the  European 
Parliament  and  the  Council.  As  a  result,  Regulation  (EC)  No 1726/2003  of  the  European 
Parliament  and  of  the  Council  of  22 July 2003  amending  Regulation  (EC)  No 417/2002 
entered into force on 21 October 2003. 

At the same time, the Commission and the Member States made every effort to ensure these 
new rules could be adopted internationally by amending the International Convention for the 
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto 
(MARPOL 73/78). 

the  Marine  Environment  Protection  Committee  (MEPC)  of 

In  December 2003 
the 
International Maritime Organisation (IMO) consequently adopted amendments to Annex I to 
MARPOL  73/78  based  on  the  measures  adopted  by  the  European  Union.  However,  these 
amendments  contain  certain  exemptions  which  are  given  in  paragraph 7  of  Regulation 13G1 
concerning the timetable for phasing out single-hull oil tankers, and in paragraphs 5, 6 and 7 
of Regulation 13H2 concerning the ban on the carriage of heavy grade oil products in single-
hull oil tankers. 

Under  the  amended  Regulation  (EC)  No 417/2002,  ships  flying  the  flag  of  a  Member  State 
may not make use of the exemptions from Regulation 13G.  

However,  a  ship  flying  the  flag  of  a  Member  State  could  take  advantage  of  the  exemptions 
from  Regulation 13H  if  it  operated  outside  ports  or  offshore  terminals  under  Community 
jurisdiction and still comply with the amended Regulation (EC) No 417/2002. 

The Italian delegation representing the Presidency of the European Union made a statement 
on behalf of the 15 Member States and the European Commission during the MEPC’s plenary 
session, announcing to all the other Contracting Parties to MARPOL 73/78 that the Member 
States will not authorise tankers flying their flags to make use of any of these exemptions. It 
also stated that the Member States intend to make use of the provisions of paragraph 8(b) of 
both  Regulations  13G  and  13H  so  that  tankers  which  had  been  temporarily  allowed  to 
derogate  from  the  world-wide  standard  would  be  denied  entry  to  their  ports  or  offshore 
terminals3. 

1 
2 
3 

Regulation 20 in the new numbering of Annex I to the amended MARPOL 73/78. 
Regulation 21 in the new numbering of Annex I to the amended MARPOL 73/78. 
Report  by  the  Marine  Environment  Protection  Committee  on  the  work  at  its  fiftieth  session, 
doc. MEPC 50/3, Annex VI, p. 1. 

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As  a  result,  since  the  amendments  to  Annex I  to  MARPOL  73/78  entered  into  force  on 
5 April 2005,  Community  legislation  is  similar  to  the  international  standards  which  are 
binding on all ships, irrespective of their flag and destination. But it leaves the option open for 
single-hull  oil  tankers  flying  the  flag  of  a  Member  State  operating  outside  European  Union 
ports to take advantage of the exemptions from Regulation 13H. 

The Commission considers that this legal possibility is not acceptable from a political point of 
view vis-à-vis third countries which are Contracting Parties to MARPOL 73/78 to which the 
Member States of the European Union have made a formal commitment not to make use of 
these exemptions. It must be stressed that ships flying the flag of a third country do not have 
access to ports or offshore terminals under Community jurisdiction if they operate under these 
exemptions. 

The position adopted in December 2003 on behalf of the Member States reflected, moreover, 
the  political  desire  reiterated  on  several  occasions  by  various  configurations  of  the  Council 
and the European Council. 

Indeed, the Transport Council of 6 December 2002, “acknowledging the determined efforts in 
the  European  Community  and  the  International  Maritime  Organisation  (IMO)  since  the 
ERIKA accident, emphasising the full responsibility  of the flag State, including the effective 
supervision  of  classification  societies  working  on  their  behalf,  and  considering  the  effective 
application of enhanced port State control measures, including the banning of ships, to be of 
the utmost importance in eliminating sub-standard ships”, agreed that “heavy grades of oil4 
shall only be transported in double-hulled tankers”. 

The Environment Council reaffirmed on 9 December 2002, “the conclusions on Ship’s Safety 
and  Pollution  Prevention  adopted  by  the  Council  (Transport)  on  6 December 2002,  which 
aim at reinforcing both maritime safety and the prevention of pollution”, and welcomed “in 
particular the actions to accelerate the phasing out of single-hull tankers, to ban the use of 
single hull tankers for the transport of heavy grade oils …”. 

Lastly, the Copenhagen European Council of 12 and 13 December 2002 confirmed that “the 
Union  is  determined  to  take  all  necessary  measures  to  avoid  a  repetition  of  similar 
catastrophes  and  welcomes  the  rapid  responses  by  the  Council  and  the  Commission.  The 
Union  will  also  continue  to  play  a  leading  role  in  international  efforts  in  pursuit  of  this 
objective,  in  particular  within  the  IMO.  The  conclusions  of  the  Transport  Council  on 
6 December 2002 and the Environment Council on 9 December 2002 should be implemented 
in all their aspects without delay.” 

It would therefore appear that the Community standard which allows ships flying the flag of a 
Member  State  to  apply  derogations  outside  Community  waters  is  not  in  line  with  these 
political positions. 

As a result, Regulation (EC) No 417/2002 must be amended both to ensure compliance with 
political  commitments  made  by  Member  States  at  international  level  and  to  ensure  that 
Community policy on maritime safety is coherent. 

4 

This includes heavy fuel, tar, bitumen and heavy crude oils. 

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Article 1 amends Article 4(3). This amendment extends the scope of the requirements for the 
carriage of heavy grade oil laid down in the said Regulation to ships sailing under the flag of a 
Member  State  of  the  European  Union.  It  prohibits  the  carriage  of  heavy  grades  of  oil  in  all 
single-hull tankers flying the flag of a Member State irrespective of the jurisdiction governing 
the ports, offshore terminals or the maritime area in which they operate. 

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2006/0046(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 

(Text with EEA relevance) 

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 Commission5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Having regard to the opinion of the Committee of the Regions7, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

Whereas: 

(1) 

(2) 

(3) 

5 
6 
7 
8 
9 

Regulation  (EC)  No 417/2002  of  the  European  Parliament  and  of  the  Council9 
provides  for  the  accelerated  phasing-in  of  double-hull  or  equivalent  design 
requirements for single-hull oil tankers laid down in the International Convention for 
the  Prevention  of  Pollution  from  Ships,  1973,  as  modified  by  the  Protocol  of  1978 
relating  thereto  (“MARPOL  73/78”),  in  order  to  reduce  the  risk  of  accidental  oil 
pollution in European waters. 

This  Regulation  introduced  measures  prohibiting  the  carriage  of  heavy  grade  oil  in 
single-hull oil tankers leaving or bound for ports in the European Union. 

Following action by the Member States and the Commission within the International 
Maritime  Organisation  (IMO),  this  ban  has  been  imposed  world-wide  through  an 
amendment to Annex I to MARPOL 73/78.  

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  64,  7.3.2002,  p.  1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  2172/2004 
(OJ L 371, 18.12.2004, p. 26). 

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(4) 

(5) 

Paragraphs  5,  6  and  7  of  Regulation  13H  of  this  Annex  concerning  the  ban  on  the 
carriage  of  heavy  grade  oil  in  single-hull  oil  tankers  contain  exemptions  from  this 
Regulation. The statement by the Italian Presidency of the European Union, recorded 
in  the  official  report  of  the  IMO’s  Marine  Environment  Protection  Committee 
(MEPC 50),  expresses  a  political  commitment  to  refrain  from  making  use  of  these 
exemptions. 

Under Regulation (EC) No 417/2002, a ship flying the flag of a Member State could 
apply  the  exemptions  from  Regulation 13H  if  it  operated  outside  ports  or  offshore 
terminals  under  Community  jurisdiction  and  still  comply  with  Regulation  (EC) 
No 417/2002. 

(6) 

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

HAVE ADOPTED THIS REGULATION: 

Article 1 

The following paragraph 3a is inserted in Article 4 of Regulation (EC) No 417/2002: 

“3a. 

No oil tanker carrying heavy grade oil products shall be allowed to fly the flag of a 
Member State unless such tanker is a double-hull oil tanker.” 

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

Article 2 

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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