Regulation (EC) No 457/2007 of the European Parliament and of the Council of 25 April 2007 amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (Text with EEA relevance)
Date: 2007-04-25
Institutions: Council of the European Union, European Parliament
Subjects: International Maritime Organisation, international convention, international standard, oil pollution, prevention of pollution, tanker, technical regulations

30.4.2007

EN

Official Journal of the European Union

L 113/1

I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 457/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 April 2007

amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent
design requirements for single-hull oil tankers

(Text with EEA relevance)

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

(2)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having consulted the Committee of the Regions,

(3)

(4)

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

for

Regulation (EC) No 417/2002 (3) provides
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.

(1) OJ C 318, 23.12.2006, p. 229.
(2) Opinion of the European Parliament of 14 December 2006 (not yet
Journal) and Council Decision of

published in the Official
22 March 2007.

(3) 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).

Regulation (EC) No 417/2002 introduced measures pro-
hibiting the carriage of heavy grades of oil in single-hull
oil tankers leaving or bound for ports in the European
Union.

Following action by the Member States and the Commis-
sion within the International Maritime Organisation (IMO),
this ban has been imposed worldwide through an amend-
ment to Annex I to MARPOL 73/78.

Paragraphs 5, 6 and 7 of Regulation 13H of Annex I
to MARPOL 73/78 concerning the ban on the carriage
of heavy grades of oil in single-hull oil tankers provide
for the possibility of exemptions from the application of
certain provisions of Regulation 13H. The statement by
the Italian Presidency of the European Council on behalf
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.

(5)

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

(6)

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

L 113/2

EN

Official Journal of the European Union

30.4.2007

HAVE ADOPTED THIS REGULATION:

Article 1

No oil tanker carrying heavy grades of oil, irrespective of its
flag, shall be allowed to enter or leave ports or offshore ter-
minals or to anchor in areas under the jurisdiction of a Mem-
ber State, unless such tanker is a double-hull oil tanker.’

Article 4(3) of Regulation (EC) No 417/2002 shall be replaced
by the following:

Article 2

‘3.
No oil tanker carrying heavy grades of oil shall be
allowed to fly the flag of a Member State unless such tanker
is a double-hull tanker.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Strasbourg, 25 April 2007.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
G. GLOSER