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
Date: 2011-07-15
Institutions: European Commission
Subjects: air quality, diesel fuel, international standard, pollution control, quality of the environment, sulphur

EUROPEAN COMMISSION 

Brussels, 15.7.2011 
COM(2011) 439 final 

2011/0190 (COD) 

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 

{SEC(2011) 918 final} 
{SEC(2011) 919 final} 

 
 
  
 
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context 

Promoting a more resource efficient, greener and more competitive economy is at the heart of 
Europe  2020  strategy1.  In  this  context  further  reduction  of  air  pollution  is  important  to 
improve  human  health  and  the  environment  and  contributes  to  the  attainment  of  more 
sustainable  Europe.  The  EU  actions  over  the  past  decades  have  resulted  in  a  considerable 
reduction  of  emissions  of  most  air  pollutants,  including  sulphur  dioxide  (SO2),  nitrogen 
oxides  (NOx),  volatile  organic  compounds,  ammonia  and  particulate  matter  (PM).  The 
greatest share of these reductions has been achieved by land-based emission sources such as 
industrial  plants  or  road  transport.  Evidence  shows  that  further  reduction  of  such  pollutants 
will  deliver  significant  benefits  to  the  health  of  EU  citizens,  the  environment,  and  the 
economy at large.  

Historically, less attention was given to address maritime emission sources compared to land-
based  sources.  However,  as  maritime  emissions  of  air  pollutants  can  travel  large  distances 
they have an impact on land. Projections made in 2005 showed that without further regulatory 
action  the  continued  growth  in  emissions  of  SO2  and  NOx  from  the  maritime  sector  will 
surpass total emissions of these pollutants from all land-based sources by 2020.2  

Grounds for and objectives of the proposal 

The  sulphur  content  of  a  liquid  fuel  essentially  determines  the  SO2  emissions  related  to  the 
combustion  of  that  fuel,  as  well  as  the  formation  of  (secondary)  particular  matter  (PM). 
Directive  1999/32/EC  as  amended  regulates  the  sulphur  content  of  fuels  used  by  maritime 
transport and incorporates certain rules, agreed under the International Maritime Organisation 
(IMO), into EU law. In particular, the Directive incorporates more stringent rules on sulphur 
content  of  marine  fuels  to  be  used  in  areas in  need  of  special  environmental  protection,  the 
Sulphur Emission Control Areas3 (SECAs).  

Since  the  amendment  of  the  Directive  in  2005,  and  with  strong  EU  support,  IMO  rules, 
among others in relation to SO2, were revised in October 2008. These rules are contained in 
Annex  VI  of  the  Marine  Pollution  Convention  73/78  (Revised  MARPOL  Annex  VI)4. 
Already  at  the  time  of  the  adoption  of  Directive's  2005  amendment  the  EU's  co-legislators, 
expecting the need for further reduction of shipping emissions, called upon the Commission 
to review the legal requirements related to the sulphur content of liquid fuels.  

Consistency with other policies and objectives of the Union 

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2 

3 
4 

Communication  from  the  Commission,  Europe  2020  A  strategy  for  smart,  sustainable  and  inclusive 
growth, COM(2010) 2020 final. 
SEC (2005) 1133: Commissions Staff Working Paper accompanying the Communication on Thematic 
Strategy on Air Pollution (COM(2005)446 final), the Directive on Ambient Air Quality and Cleaner Air 
for  Europe(COM(2005)447  final)  and  the  Commission  Staff working paper  on  the  implementation  of 
EU Air Quality Policy and preparing for its comprehensive review, SEC(2011)342 final.  
In the EU SECAs cover the Baltic and North Seas and the English Channel. 
Resolution MEPC.176(58) adopted on 10 October 2008 (Revised MARPOL Annex VI). 

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This proposal is consistent with Article 191 of the Treaty on the Functioning of the European 
Union  (TFEU)  and  aims  to  provide  a  high  level  of  protection  for  human  health  and  the 
environment.  It  is  furthermore  consistent  with  the  EU  2020  Strategy  and  its  associated 
flagship initiatives, notably those relating to the low carbon society roadmaps and innovation 
union, as well as existing EU policies for sustainable transport.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENT 

Public consultation 

In preparation of this amendment the Commission conducted an online consultation open to 
all interested parties (including organisations, Member States, NGOs, general public) during 
the period of 29 October 2010 to 5 January 2011. Stakeholders were requested to express their 
views on the possible incorporation of the latest relevant IMO's rules into EU legislation. In 
addition to the public consultation, the Commission also regularly consulted Member States' 
representatives and other stakeholders.  

The  public  consultation  yielded  244  responses  from  various  organisations.  The  important 
contribution  of  the  revised  Annex  VI  of  MARPOL  to  improving  air  quality  in  the  EU  has 
been  widely  acknowledged  by  all  stakeholders.  In  the  view  of  most  respondents  the  EU 
provisions  on  the  abatement  technologies  should  be  aligned  with  the  revised  Annex  VI  of 
MARPOL. The broad range of abatement technologies should in their view be allowed, while 
ensuring appropriate safeguards for the environment. Respondents have also broadly agreed 
that strengthening and harmonising monitoring and enforcement of the sulphur standards is an 
important tool that would ensure delivery of the intended environmental improvements. Some 
stakeholders raised concerns about the costs of the new requirements and the potential risk of 
modal  shifts  (from  short  sea  shipping  to  trucks),  in  particular  in  areas  where  the  sulphur 
standards  are  stricter  (SECAs).  Others  underlined  the  need  for  a  prompt  EU  action  to 
encourage  the  industry's  response  and  safeguard  the  environmental  benefits  of  the  revised 
Annex VI of MARPOL. 

More detailed information on the results of the public consultation is presented in the Impact 
Assessment accompanying this proposal5. 

External expertise and public information 

Several  studies  were  conducted  in  support  of  the  preparatory  work  leading  to  the  present 
proposal.  These  studies  have  been  made  available  upon  completion  on  the  Commission's 
webpage 
emissions: 
http://ec.europa.eu/environment/air/transport/ships_directive.htm.  

dedicated 

shipping 

policies 

EU 

on 

to 

The results of the impact assessment 

The  new  international  limit  values  for  the  sulphur  content  of  marine  fuels  are  expected  to 
significantly reduce emissions of sulphur dioxides from the maritime sector. This will greatly 
contribute  to  achieving  the  general  environmental  objectives  stated  in  the  2005  Thematic 
Strategy  on  Air  Pollution  as  well  as  the  specific  objectives  stated  in  the  Directive.  It  will 
furthermore  yield  important  ancillary  benefits  in  terms  of  reducing  emissions  of  particulate 

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matter and NOx (an important precursor of ground-level ozone). It is essential to ensure that 
these projected benefits materialise, not least for  the purpose of promoting compliance  with 
existing ambient air quality limit values.  

The impact assessment confirms the cost-effectiveness of the full alignment of the Directive 
with the IMO stricter fuel standards and the rules on emission abatement methods. According 
to its findings the MARPOL Annex VI 2008 revision offers an estimated €15 to €34 billion in 
benefits to the EU in improved health and reduced mortality. The costs of implementing the 
revision range from €2.6 to €11 billion. As such th e revision offers benefits that are three to 
thirteen times greater than the costs. 

In  addition  to  the  alignment  of  the  Directive  with  IMO  rules,  the  impact  assessment 
recommends  maintaining  the  link  between  the  stricter  fuel  standards  in  SECAs  and  those 
applying for passenger ships on a regular service outside SECAs. However, the introduction 
of a new SECA standard for passenger ships would be delayed by 5 years in order to avoid 
potential problems with fuel availability. The benefit to cost ratios for this option range from 
1.5 to 6 (if the 0.1% standard is introduced in 2020) and from 0.8 to 10 (if the 0.1% standard 
is introduced in 2025).  

Furthermore,  the  impact  assessment  analysed  the  issues  identified  during  the  review  of  the 
Directive. In particular, it showed that certain weaknesses exist in the enforcement provisions 
of the Directive (in particular on sampling and reporting). The impact assessment suggests to 
first  develop  guidance  on  monitoring  and  implementation  of  the  Directive  and,  should  this 
approach fail, to consider adopting binding rules.  

Finally, the impact assessment also recommends that the European Commission and Member 
States use and, where possible and necessary, adapt existing instruments, to assist industry in 
the transition towards the new best available technology standards, including those agreed at 
the IMO or other relevant organisations (notably for NOx, PM, and GHG).  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The purpose of this proposal is to revise Directive 99/32/EC on the sulphur content of certain 
liquid fuels with the aim to:  

(1)  Align  the  Directive  with  the  IMO  rules  on  fuel  standards,  including  the  standards 
applicable outside SECAs.  

(2) Align the Directive with the IMO rules on the emission abatement methods. 

(3) Maintain the link between the stricter fuel standards in SECAs (now requiring maximum 
sulphur  content  of  marine  fuel  of  1.5%  and  from  2015  -  0.1%)  and  those  applying  for 
passenger ships on a regular service outside SECAs (at the moment 1.5%). 

(4) Strengthen EU monitoring and enforcement regime.  

Incorporating the international fuel standards into EU law would strengthen the effectiveness 
of these standards as they would be monitored and enforced under the EU regime, which is 
more  effective  than  the  international  enforcement  system.  The  proposed  extended  access  to 

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and promoting the use of innovate emission abatement methods as an equivalent compliance 
option addresses concerns about the cost implications resulting from the new IMO rules for 
certain industries. This would significantly lower the IMO compliance costs (by 50% to 88%) 
and  promote  innovative  industry  solutions,  in  line  with  the  priorities  of  the  Europe  2020 
Strategy  and  Article  3  of  the  Treaty  on  European  Union  (TEU).  Furthermore,  stricter  fuel 
standards for passenger ships on a regular service, which operate mostly in ports or close to 
shore,  would  ensure  improvement  of  air  quality  in  coastal  areas.  The  introduction  of  the 
stricter  fuel  standard  for  passenger  ships  would  be  delayed  by  5  years  in  comparison  with 
SECAs in order to avoid potential problems with fuel availability. Finally, strengthening EU 
monitoring and enforcement regime is particularly important considering that the significantly 
stricter  fuel  standards  and  the  associated  compliance  costs  may  increase  the  incentives  for 
circumvention.  

These actions will ensure better implementation and enforcement of the Directive by national 
authorities  and  easier  compliance  by  the  industry  and  should  result  in  a  high  level  of 
environmental protection. 

Legal basis 

The primary objective of the Directive is the protection of the environment. This proposal is 
therefore based on Article 192 of the TFEU. 

Subsidiary principle 

The right for the EU to regulate the sulphur content of liquid fuels with significant impact on 
the internal market and the environment is established in the TFEU. Article 3 TEU stipulates 
that  'The  Union  shall  establish  an  internal  market.  It  shall  work  for  the  sustainable 
development  of  Europe  based  on  balanced  economic  growth  and  price  stability,  a  highly 
competitive  social  market  economy,  aiming  at  full  employment  and  social  progress,  and  a 
high  level  of  protection  and  improvement  of  the  quality  of  the  environment'.  Moreover, 
Article  191  TFEU  states  that  'Union  policy  on  the  environment  shall  contribute  to  […] 
preserving,  protecting  and  improving  the  quality  of  environment,  protecting  human  health, 
prudent and rational utilisation of natural resources, promoting measures at international level 
to deal with regional or worldwide environmental problems […]'. 

Global  dimension  of  shipping  and  a  cross-border  impact  of  air  pollution  emitted  from  the 
combustion  of  fuels  containing  sulphur  require  that  common  rules  are  established  for  all 
Member States. In the absence of such rules different national standards would apply to ships 
operating  in  EU  waters.  Such  a  legal  patchwork  would  make  the  operation  of  a  shipping 
industry in the EU very complicated and costly, hence distorting internal market.  

Only  a  harmonised  action  at  EU  level,  with  its  strengthened  monitoring  and  enforcement 
regime,  would  ensure  an  effective  implementation  and  application  of  the  international  fuel 
standards across Member States.6  

Detailed explanation of the proposal 

Article 1 

6 

More  detailed  explanation  on  the  subsidiarity  principle  is  available  in  the  Impact  Assessment 
accompanying this proposal. 

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This Article details each of the proposed amendments to Directive 1999/32/EC. 

(1) 

(2) 

(3) 

Article 2 of Directive 1999/32/EC is amended to adapt the definitions of marine diesel 
oil  and  marine  gas  oil  to  the  latest  ISO  standard  and  to  extend  the  definition  of 
emission  abatement  method  and  align  it  with  the  definition  of  equivalents  in 
Regulation 4 of the revised Annex VI of MARPOL. 

Article 3 is amended to revise the provisions on maximum  sulphur content of heavy 
fuel oil following the adoption of Directive 2010/75 of the European Parliament and of 
the  Council  of  24  November  2010  on  industrial  emissions  (integrated  pollution 
prevention  and  control)7,  which  recasts  the  European  legislation  on  industrial 
emissions. 

Article 3a is added to ensure that marine fuels are not used or placed on the market in 
Member States if their sulphur content exceeds the general standard of 3.5 % by mass. 
In particular, this provision addresses the risk that the possibility to use heavy fuel oil 
in  combination  with  emission  abatement  mathods  instead  of  low  sulphur  distillate 
fuels  could  result  in  use  and  placing  on  the  market  of  poor  quality  fuel.  Abatement 
methods  would  allow  desulphurisation  of  high  sulphur  fuel  and  reduction  of  sulphur 
dioxide  emissions  to  air.  However,  if  poor  quality  fuel  with  high  sulphur  content  is 
used for abatement, it could result in a discharge of high density waste water and have 
negative effects on marine environment. Ensuring a minimum fuel quality aims also at 
preventing the risk of ship engine failure; 

(4) 

Article 4 on maximum sulphur content in gas oil is amended to delete the references to 
the dates of entry into force of sulphur limits that have become obsolete. 

(5) 

Article 4a is amended to: 

–  Introduce a new provision on the sulphur fuel standard applicable outside SECAs 

("general standard"); 

–  Align the sulphur fuel standards applicable in SECAs with the revised Annex VI 

of MARPOL; 

–  Introduce  0.1%  sulphur  limit  for  passenger  ships  operating  outside  SECAs  in 
2020, thereby restoring the link of the requirements for passenger ships operating 
outside SECAs with those for SECAs; 

–  Clarify that the register of local suppliers of marine fuel that Member States are 

obliged to maintain should be publicly available; 

–  Delete the outdated references; 

–  Empower  the  Commission  to  designate  new  SECAs  on  the  basis  of  the  IMO's 

decision. 

(6) 

Article  4b  is  amended  to  delete  the  exemption  from  the  obligation  set  out  in  Article 
4b(1) for certain vessels operating in the Hellenic Republic, as the period for which it 

7 

OJ L 334, 17.12.2010, p. 17.  

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(7) 

(8) 

(9) 

was granted has expired, and to delete the reference to the dates of entry into force of 
sulphur limits that have become obsolete. 

Article 4c is amended and Articles 4d and 4e are added to align the Directive to the 
revised  Annex  VI  of  MARPOL  and  adapt  it  to  technical  progress.  In  particular,  the 
proposed  Directive  requires  Member  States  to  allow  the  ships  to  use  emission 
abatement  methods  as  an  alternative  to  using  low  sulphur  marine  fuels  provided  that 
they continuously achieve reductions of sulphur dioxide emissions equivalent to those 
that  would  be  achieved  by  using  low  sulphur  fuel.  The  use  of  emission  abatement 
methods is also subject to certain criteria to ensure that these methods do not give rise 
to significant negative impacts on and risks to human health and the environment. The 
criteria  will  be  established  either  by  the  IMO,  subject  to  supplementation  or 
amendment  by  the  Commission  Decision  or,  in the absence of the IMO instruments, 
by  the  European  Commission.  The  emission  abatement  methods  for  use  by  ships 
flying the flag of Member States will be approved either on the basis of the 96/98/EC 
of 20 December 1996 on marine equipment8 or on the basis of this Directive, by the 
Committee  on  Safe  Seas  and  the  Prevention  of  Pollution  from  Ships  established  by 
Regulation 2099/2002/EC. The procedure and conditions for testing of new abatement 
methods remain unchanged. 

Article  6  is  amended  to  empower  the  Commission  to  specify  the  frequency  of 
sampling,  the  sampling  methods  and  the  definition  of  a  sample  representative  of  the 
fuel examined as well as to adapt the method for determining the sulphur content and 
the fuel verification procedure to the newest international technical standards. 

Article 7 is amended to clarify the scope of the report on the sulphur content of fuels 
covered by the Directive to be submitted to the Commission by Member States and to 
empower  the  Commission  to  specify  the  format  and  the  content  of  the  report.  The 
amendment  also  aligns  paragraph  4  of  Article  7  on  adaptations  of  the  relevant 
Directive's  provisions  to  scientific  and  technical  progress  with  the  new  comitology 
rules under the Treaty of Lisbon. 

(10)  Article 8 is deleted as it refers to a Directive that has been repealed. 

(11)  Article 9 is deleted as the Directive does not provide for implementing acts. 

(12)  Article  9a  is  added  to  provide  for  conditions  for  the  exercise  of  the  power  to  adopt 

delegated acts by the European Commission. 

Article 2 

This article requires Member States to transpose the proposed Directive. 

Article 3 

This Article concerns the date of entry into force of the proposed Directive. 

Article 4 

8 

OJ L 46, 17.02.1997, p. 25. 

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This Article addresses the proposed Directive to the Member States. 

4. 

BUDGETARY IMPLICATION  

The proposal has no budgetary implication for the Union budget. 

5. 

OTHER COMMENTS 

The Commission proposal is accompanied by the Communication which, in section 4, makes 
suggestions for compliance strategies and outlines existing tools and possible future measures 
which can help industry in meeting its environmental challenges. 

The  Commission  also  envisages  to  codify  the  Directive  1999/32/EC  and  its  subsequent 
amendments,  including  this  proposal  for  amendment,  once  adopted  by  the  European 
Parliament  and  the  Council.  This  will  render  the  Directive  1999/32/EC  more  readable  and 
legally clear and contribute to the achievement of the EU better regulation strategy. 

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2011/0190 (COD) 

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 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the European Commission9, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee10,  

Having regard to the opinion of the Committee of the Regions11, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The  environmental  policy  of  the  Union,  as  set  out  in  the  action  programmes  on  the 
environment and in particular in the Sixth Environmental Action Programme adopted 
by Decision No 1600/2002/EC of the European Parliament and the Council12, has as 
one of its objectives to achieve levels of air quality that do not give rise to significant 
negative 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  and  amending  Directive  93/12/EEC13  lays  down  the 
maximum permitted sulphur content of heavy fuel oil, gas oil and marine gas oil used 
in the Union. 

Emissions  from  shipping  due  to  the  combustion  of  marine  fuels  with  a  high  sulphur 
content  contribute  to  air  pollution  in  the  form  of  sulphur  dioxide  and  particulate 
matter, which harm human health and contribute to acidification. 

9 
10 
11 
12 
13 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. 
OJ L 242, 10.9.2002, p. 1. 
OJ L 121, 11.5.1999, p. 13. 

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(4) 

(5) 

(6) 

(7) 

(8) 

According  to  Directive  1999/32/EC  the  Commission  is  to  report  to  the  European 
Parliament  and  the  Council  on  the  implementation  of  the  Directive  and  to  table  any 
proposals for amendments, in particular as regards the reduction of sulphur limits for 
marine fuel in SOx Emission Control Areas (SECAs), taking account of work within 
the International Maritime Organisation (IMO). 

In  2008,  a  Resolution  was  adopted  to  amend  Annex  VI  of  the  Protocol  of  1997  to 
amend the International Convention for the Prevention of Pollution from Ships, 1973, 
as modified by the Protocol of 1978 relating thereto (hereafter MARPOL), containing 
regulation  for  the  prevention  of  air  pollution  from  ships.  The  revised  Annex  VI  to 
MARPOL entered into force on 1 July 2010. 

The  revised  Annex  VI  to  MARPOL  introduces,  inter  alia,  stricter  sulphur  limits  for 
marine fuel in SECAs (1.00% as of 1 July 2010 and 0.10% as of 1 January 2015) as 
well  as  in  sea  areas  outside  SECAs  (3.5%  as  of  1  January  2012  and,  in  principle, 
0.50% as of 1 January 2020). Most Member States are obliged to require ships to use 
fuel with maximum 1.00% sulphur content in SECAs as of 1 July 2010 based on their 
international commitments. In order to ensure coherence with international law as well 
as to secure proper enforcement of new globally established sulphur standards in the 
Union,  the  provisions  of  Directive  1999/32/EC  should  be  aligned  with  the  revised 
Annex  VI to MARPOL. In order  to ensure a minimum quality of fuel used by ships 
either  for  fuel  or  technology  based  compliance,  marine  fuel  the  sulphur  content  of 
which exceeds the general standard of 3.5 % by mass should not be allowed for use or 
placing on the market in the Union. 

Passenger ships operate mostly in ports or close to coastal areas and their impacts on 
human  health  and  the  environment  are  significant.  Those  ships  are  required  to  use 
marine  fuel  with  the  same  maximum  sulphur  content  as  is  applicable  in  SECAs 
(1.5%). Given that stricter sulphur standards will apply in SECAs, it is justified by the 
need  to improve air quality  around  ports  and coasts in  the  non-SECA  territories  that 
the  same  standards  apply  to  passenger  ships.  However,  the  introduction  of  a  new 
SECA  standard  for  passenger  ships  would  be  delayed  by  5  years  in  order  to  avoid 
potential problems with fuel availability. 

Proper  enforcement  of  the  obligations  with  regard  to  the  sulphur  content  of  marine 
fuels is necessary to achieve the aims of Directive 1999/32/EC. The experience from 
the  implementation  of  that  Directive  has  shown  that  there  is  a  need  for  stronger 
monitoring  and  enforcement  regime  to  ensure  a  proper  implementation  of  the 
Directive. To that end, it is necessary that Member States ensure sufficiently frequent 
and accurate sampling of marine fuel placed on the market or used on board ship as 
well  as  regular  verification  of  ships'  log  books  and  bunker  delivery  notes.  It  is  also 
necessary  that  they  establish  a  system  of  effective,  proportionate  and  dissuasive 
penalties for non-compliance with the provisions of Directive 1999/32/EC. In order to 
ensure  more  transparency  of  information,  it  is  also  appropriate  to  provide  that  the 
register of local suppliers of marine fuel is made publicly available. 

(9) 

Reporting by Member States under Directive 1999/32/EC has proved insufficient for 
the purpose of verification of compliance with the provisions of the Directive due to 
the  lack  of  harmonized  and  sufficiently  precise  provisions  on  the  content  and  the 
format of the Member States' reports. Therefore, more detailed indications as regards 

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the  content  and  the  format  of  the  report  are  necessary  to  ensure  a  more  harmonised 
reporting. 

(10)  Following  the  adoption  of  Directive  2010/75/EU  of  the  European  Parliament  and  of 
the  Council  of  24  November  2010  on  industrial  emissions  (integrated  pollution 
prevention and control)14, which recasts the Union legislation on industrial emissions, 
it is necessary to revise the provisions of Directive 1999/32/EC on maximum sulphur 
content of heavy fuel oil accordingly. 

(11)  Complying  with  the  low  fuel  sulphur  limits,  particularly  in  SECAs,  can  result  in  a 
significant increase in the price of marine fuels, at least in the short term, and can have 
a  negative  effect  for  the  competitiveness  of  short  sea  shipping  in  comparison  with 
other  transport  modes  as  well  as  for  the  competitiveness  of  the  industries  in  the 
countries  bordering  SECAs.  Suitable  solutions  are  necessary  in  order  to  reduce 
compliance  costs  for  the  affected  industries,  such  as  allowing  for  alternative,  more 
cost-effective  methods  of  compliance  than  fuel-based  compliance  and  providing 
support,  where  necessary.  The  Commission  will,  based  inter  alia  on  reports  from 
Member States, closely monitor the impacts of the shipping sector's compliance with 
the  new  fuel  quality  standards,  particularly  with  respect  to  possible  modal  backshift 
from sea to land based transport. 

(12)  Access  to  emission  abatement  methods  should  be  facilitated.  Those  methods  can 
provide  emission  reductions  at  least  equivalent  to,  or  even  greater  than,  those 
achievable  using  low  sulphur  fuel,  provided  that  they  have  no  significant  negative 
impacts on the environment, such as marine ecosystems, and that they are developed 
subject  to  appropriate  approval  and  control  mechanisms.  The  criteria  for  use  of 
emission  abatement  methods  should  be  established  either  by  the  IMO,  subject  to 
supplementation or amendment by the Commission Decision or, in the absence of the 
IMO  instruments,  by  the  European  Commission.  The  already  known  alternative 
methods, such as the use of on-board exhaust gas cleaning systems or the mixture of 
fuel and liquefied natural gas (LNG) should be recognised in the Union. It is important 
to promote testing and development of new emission abatement methods. 

(13) 

In order to determine the date of the application of 0.50% sulphur limit, to designate 
new  SECAs,  to  approve  new  alternative  abatement  methods  and  to  establish  the 
appropriate  conditions  for  their  use,  to  ensure  appropriate  monitoring  of  sulphur 
content of fuels and the harmonized content and the format of Member States' reports 
and  to  adapt  the  provisions  of  the  Directive  to  scientific  and  technical  progress,  the 
power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of 
the European Union should be delegated to the Commission in respect of specification 
of the date from which the maximum sulphur content of fuel of 0.50% by mass should 
apply  in  the  Union,  designation  of  new  SECAs  on  the  basis  of  the  decision  of  the 
IMO, approval of new emission abatement methods not covered by Council Directive 
96/98/EC15 and establishment, supplementation or amendment of conditions for their 
use,  the  specification  of  the  means  of  sampling  and  emission  monitoring  and  the 
content and the format of the report and the amendment of Article 2, points 1, 2, 3, 3a, 
3b  and  4  or  Article  6  paragraph  1(a)  and  2  in  the  light  of  scientific  and  technical 

14 
15 

OJ L 334, 17.12.2010, p. 17. 
OJ L 241, 29.8.1998, p. 27. 

EN 

10 

   EN 

 
                                                 
progress and, where relevant, the instruments of the IMO. It is of particular importance 
that the Commission carry out appropriate consultations during its preparatory work, 
including at expert level. The Commission, when preparing and drawing up delegated 
acts,  should  ensure  a  simultaneous,  timely  and  appropriate  transmission  of  relevant 
documents to the European Parliament and to the Council. 

(14) 

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 of 5 November 2002 establishing a Committee on Safe 
Seas  and  the  Prevention  of  Pollution  from  Ships  (COSS)  and  amending  the 
Regulations on maritime safety and the prevention of pollution from ships16 to assist 
the Commission in the approval of the emission abatement technologies which are not 
covered by Council Directive 96/98/EC of 20 December 1996 on marine equipment17. 
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) point (h) is replaced by the following: 

'(h)  fuels  used  on  board  vessels  employing  emission  abatement  methods  in 
accordance with Articles 4c and 4e.' 

2. 

Article 2 is amended as follows: 

(a) 

points 3a and 3b are replaced by the following: 

'3a.  marine  diesel  oil  means  any  marine  fuel  as  defined  for  DMB  grade  in 
Table I of ISO 8217 with the exception of the reference to the sulphur content; 

3b.  marine  gas  oil  means  any  marine  fuel  as  defined  for  DMX,  DMA  and 
DMZ grades in Table I of ISO 8217 with the exception of the reference to the 
sulphur content;' 

(b)  point 3m is replaced by the following: 

'3m.  emission  abatement  method  means  any  fitting,  material,  appliance  or 
apparatus  to  be  fitted  in  a  ship  or  other  procedure,  alternative  fuel,  or 
compliance method, used as an alternative to low sulphur marine fuel meeting 
the  requirements  set  out  in  this  Directive,  that  is  verifiable,  quantifiable  and 
enforceable;' 

3. 

Article 3 is amended as follows: 

(a) 

paragraphs 1 and 2 are replaced by the following: 

16 
17 

OJ L 324, 29.11.2002, p. 1. 
OJ L 46, 17.02.1997, p. 25. 

EN 

11 

   EN 

 
                                                 
Member  States  shall  ensure  that  heavy  fuel  oils  are  not  used  within 

'1. 
their territory if their sulphur content exceeds 1 % by mass. 

2. Until 31 December 2015, subject to appropriate monitoring of emissions by 
competent authorities the requirement set out in paragraph 1 shall not apply to 
heavy fuel oils used: 

(a) 

(b) 

(c) 

(d) 

in  combustion  plants  which  fall  within  the  scope  of  Directive 
2001/80/EC of the European Parliament and of the Council*, which 
are  subject  to  Article  4(1),  4(2)  or  4(3)(a)  of  that  Directive  and 
which comply with the emission limits for sulphur dioxide for such 
plants as set out in that Directive; 

in  combustion  plants  which  fall  within  the  scope  of  Directive 
2001/80/EC,  which  are  subject  to  Article  4(3)(b)  and  4(6)  of  that 
Directive  and  the  monthly  average  sulphur  dioxide  emissions  of 
which  do  not  exceed  1  700  mg/Nm³  at  an  oxygen  content  in  the 
flue gas of 3 % by volume on a dry basis; 

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

for  combustion  in  refineries,  where  the  monthly  average  of 
emissions  of  sulphur  dioxide  averaged  over  all  combustion  plants 
in the refinery, irrespective of the type of fuel or fuel combination 
used, but excluding plants which fall under points (a) and (b), gas 
turbines  and  gas  engines,  do  not  exceed  1  700  mg/Nm3  at  an 
oxygen content in the flue gas of 3 % by volume on a dry basis.  

As  from  1  January  2016,  subject  to  appropriate  monitoring  of  emissions  by 
competent authorities the requirement set out in paragraph 1 shall not apply to 
heavy fuel oils used: 

(a) 

in combustion plants which fall within the scope of Chapter III of 
Directive  2010/75/EU  of  the  European  Parliament  and  of  the 
Council  **, and which comply with the emission limits for sulphur 
dioxide for such plants as set out in Annex V of that Directive or, 
where  those  emission  limit  values  are  not  applicable  according  to 
that  Directive,  for  which  the  monthly  average  sulphur  dioxide 
emissions do not exceed 1 700 mg/Nm³ at an oxygen content in the 
flue gas of 3 % by volume on a dry basis; 

(b) 

in  combustion  plants  which  do  not  fall  under  point  (a),  and  the 
monthly average sulphur dioxide emissions of which do not exceed 
1  700  mg/Nm3  at  an  oxygen  content  in  the  flue  gas  of  3  %  by 
volume on a dry basis; 

* 
** 

OJ L 309, 27.11.2001, p.1. 
OJ L 334, 17.12.2010, p. 17. 

EN 

12 

   EN 

 
                                                 
(c) 

for  combustion  in  refineries,  where  the  monthly  average  of 
emissions  of  sulphur  dioxide  averaged  over  all  combustion  plants 
in the refinery, irrespective of the type of fuel or fuel combination 
used, but excluding plants falling under point (a), gas turbines and 
gas engines, do not exceed 1 700 mg/Nm3 at an oxygen content in 
the flue gas of 3 % by volume on a dry basis. 

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.' 

(b)  paragraph 3 is deleted. 

4. 

The following Article 3a is inserted: 

'Article 3a 

Maximum sulphur content in marine fuel 

Member  States  shall  ensure  that  marine  fuels  are  not  used  or  placed  on  the 
market within their territory if their sulphur content exceeds 3.5 % by mass.' 

5. 

Article 4(1) is replaced by the following: 

'1. Member States shall ensure that gas oils are not used within their territory if their 

sulphur content exceeds 0.10 % by mass.' 

6. 

Article 4a is amended as follows: 

(a) 

the title is replaced by the following : 

'Maximum  sulphur  content  of  marine  fuels  used  in  territorial  seas,  exclusive 
economic zones and pollution control zones of Member States, including SOx 
Emission Control Areas and by passenger ships operating on regular services to 
or from Union ports'  

(b)  paragraph 1 is replaced by the following: 

'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 by mass exceeds: 

(a)  1.00 % until 31 December 2014; 

(b)  0.10 % as from 1 January 2015.  

This  paragraph shall  apply to all vessels of all flags, including vessels whose 
journey began outside the Union. 

(c) 

the following paragraph 1a is inserted: 

EN 

13 

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'1a.  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  if  the  sulphur  content  of  those  fuels  by  mass 
exceeds: 

(a)  3.50 % as of 1 January 2012; 

(b)  0.50 % as from 1 January 2020. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  9a  of  this  Directive  concerning  the  date  from  which  the  sulphur 
standard  laid  down  in  point  (b)  of  this  paragraph  applies.  Based  on  the 
assessment  by  the  IMO  of  the  availability  of  marine  fuel  to  comply  with  the 
maximum sulphur content of fuel of 0.50% by mass, referred to in Regulation 
14(8) of Annex VI of MARPOL, this date shall be 1 January 2020 or 1 January 
2025.  

This paragraph shall  apply to all vessels of all flags, including vessels whose 
journey  began  outside  of  the  Union,  without  prejudice  to  paragraphs  1  and  4 
and Article 4b.' 

(d)  paragraph 2 is replaced by the following: 

'The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 9a of this Directive concerning the designation of sea areas as SOx 
Emission Control Areas on the basis of the decision of the IMO in accordance 
with Regulation 14(3)(2) of Annex VI to MARPOL.' 

(e) 

paragraphs 4, 5 and 6 are replaced by the following: 

'4. 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 falling outside SOx Emission Control Areas by passenger ships 
operating on regular services to or from any Union port if the sulphur content 
of those fuels by mass exceeds:  

(c)  1.5 %; 

(d)  0.10 % as from 1 January 2020. 

5.  Member  States  shall  require  the  correct  completion  of  ships'  logbooks, 
including fuel-changeover operations, as a condition of ships' entry into Union 
ports. 

6.  Member  States  shall,  in  accordance  with  Regulation  18  of  Annex VI  to 

MARPOL: 

(a)  maintain a publicly available register of local suppliers of marine fuel; 

(b) 

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; 

EN 

14 

   EN 

 
(c) 

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

(d) 

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

(e)  paragraph 8 is deleted. 

7. 

Articles 4b and 4c are replaced by the following: 

'Article 4b 

Maximum sulphur content of marine fuels used by ships at berth in Union ports 

1. Member States shall take all necessary measures to ensure that the following 
vessels  do  not  use  marine  fuels  with  a  sulphur  content  exceeding  0.10  %  by 
mass: 

(b) 

ships  at  berth  in  Union  ports,  allowing  sufficient  time  for  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: 

(a)  whenever, according to published timetables, ships are due to be at berth 

for less than two hours; 

(d) 

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

3. 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 0.10 % 
by mass.  

'Article 4c  

Emission abatement methods 

1. 
Member  States  shall allow  the use of emission abatement methods by 
ships of all flags in their ports, territorial seas, exclusive economic zones and 
pollution  control  zones,  as  an  alternative  to  using  marine  fuels  that  meet  the 
requirements  of  Articles  4a  and  4b,  subject  to  the  provisions  of  paragraphs  2 
and 3.  

Ships using the emission abatement methods referred to in paragraph 1 
2. 
shall  continuously  achieve  reductions  of  sulphur  dioxide  emissions  that  are  at 
least equivalent to the reductions that would be achieved by using marine fuels 

EN 

15 

   EN 

 
that meet the requirements of Articles 4a and 4b. The sulphur dioxide emissions 
resulting from the use of the emission abatement methods shall not exceed the 
limit values set out in Annex 1. 

3. The  emission  abatement  methods  referred  to  in  paragraph  1 shall  comply 
with  the  criteria  specified  in  the  instruments  referred  to  in  Annex  2.1,  unless 
superseded or supplemented by the criteria set out in Annex 2.2.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 

4. 
accordance with Article 9a concerning: 

– 

– 

– 

– 

the amendment or the supplementation of the values set out in Annex 1; 

the amendment or the supplementation of the list of instruments referred 
to in Annex 2.1;  

the  establishment, the amendment or the supplementation of  the  criteria 
referred to in Annex 2.2; and 

detailed requirements for monitoring of emissions, where relevant.  

The Commission shall take into account, inter alia, scientific and technological 
progress  as  well  as  the  relevant  instruments  and  standards  adopted  by  the 
International Maritime Organisation.' 

8. 

The following Articles 4d and 4e are inserted: 

'Article 4d 

Approval of emission abatement methods for use on board ships flying the flag 

of a Member State 

1.  Emission  abatement  methods  falling  within  the  scope  of  Council  Directive 
96/98/EC*  shall  be  approved  in  accordance  with  the  provisions  of  that 
Directive. 

2. Emission abatement methods not covered by paragraph 1 shall be approved 
in  accordance  with  the  procedure  referred  to  in  Article  3(2)  of  Regulation 
2099/2002/EC 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:  

(a)  guidelines developed by the IMO; 

(b) 

results of any trials conducted under Article 4e; 

* 
** 

OJ L 241, 29.8.1998, p. 27. 
OJ L 324, 29.11.2002, p. 1. 

EN 

16 

   EN 

 
                                                 
(c) 

effects  on  the  environment,  including  achievable  emission  reductions, 
and impacts on ecosystems in enclosed ports, harbours and estuaries; 

(d) 

feasibility of monitoring and verification.' 

'Article 4e 

Trials of new emission abatement methods 

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

(1) the Commission and any port State concerned are notified in writing at least 

six months before trials begin; 

(2) permits for trials do not exceed 18 months in duration; 

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

(4) 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; 

(5)  there  are  proper  waste  management  systems  in  place  for  any  waste 
generated by the emission abatement methods throughout the trial period; 

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

(7)  full  results  are  provided  to  the  Commission,  and  made  publicly  available, 

within six months of the end of the trials.' 

9. 

Article 6 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

'1. Member States shall take all necessary measures to check by sampling that 
the  sulphur  content  of  fuels  used  complies  with  Articles  3,  3a,  4,  4a  and  4b. 
The  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 and in such a way that the samples are representative 
of the fuel examined, and in the case of marine fuel, of the fuel being used by 
vessels while in relevant sea areas and ports. 

Each of the following means of sampling, analysis and inspection of marine fuel 
shall be used: 

EN 

17 

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(a) sampling of the marine fuel for on-board combustion while being delivered 
to  ships,  in  accordance  with  the  Guidelines  for  the  sampling  of  fuel  oil 
for determination of compliance with the revised MARPOL Annex VI*, 
and analysis of its sulphur content; 

(b)  sampling  and  analysis  of  the  sulphur  content  of  marine  fuel  for  onboard 
combustion  contained  in  tanks  and  in  sealed  bunker  samples  on  board 
ships; 

(c) inspection of ships' log books and bunker delivery notes. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 9a concerning: 

(i) the frequency of sampling;  

(ii) the sampling methods; 

(iii) the definition of a sample representative of the fuel examined; 

(iv)  the  information  to  be  included  in  ships'  log  books  and  bunker  delivery 

notes.' 

(b)  paragraph 1a is deleted. 

(c) 

paragraph 2 is replaced by the following:  

'2. The reference method adopted for determining the sulphur content shall be 
ISO method 8754 (2003). 

In order to determine whether marine fuel delivered to and used on board ships 
is compliant with the sulphur limits required by Articles 3, 3a, 4, 4a and 4b the 
Fuel Verification Procedure for MARPOL Annex VI Fuel Oil Samples** shall 
be used.' 

10. 

Article 7 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

'1. Each year by 30 June, Member States shall, on the basis of the results of the 
sampling,  analysis  and  inspections  carried  out  in  accordance  with  Article  6, 
submit  a  report  to  the  Commission  on  the  compliance  with  the  sulphur 
standards set out in this Directive for the preceding year.' 

(b) 

the following paragraph 1a is inserted: 

* 
** 

Resolution MEPC.182(59), adopted on 17.07.2009. 
Appendix  VI  to  Resolution  MEPC.176(58)  adopted  on  10  October  2008  (Revised  MARPOL  Annex 
VI). 

EN 

18 

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'1a. The Commission shall be empowered to adopt delegated acts in accordance 
with Article 9a concerning the information to be included in the report and the 
format of the report.' 

(c) 

paragraphs 2 and 3 are deleted. 

(d)  paragraph 4 is replaced by the following: 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
'4. 
accordance with Article 9a concerning the adaptations of Article 2, points 1, 2, 
3,  3a,  3b  and  4,  Article  6  paragraph  1(a)  and  (2)  to  scientific  and  technical 
progress.' 

11. 

12. 

13. 

Article 8 is deleted. 

Article 9 is deleted. 

The following Article 9a is inserted: 

'Article 9a 

Exercise of the delegation 

1. 

2. 

3. 

The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  

The delegation of power referred to in Articles 4a(1a) and (2), 4c(4), 6(1), 7(1a) 
and  7(4)  shall  be  conferred  on  the  Commission  for  an  indeterminate  period  of 
time from [the date of entry into force of this Directive]. 

The delegation of power referred to in Articles 4a(1a) and (2), 4c(4), 6(1), 7(1a) 
and  7(4)  may  be  revoked  at  any  time  by  the  European  Parliament  or  by  the 
Council.  A  decision  of  revocation  shall  put  an  end  to  the  delegation  of  the 
powers  specified  in  that  decision.  It  shall  take  effect  the  day  following  the 
publication of the decision in the Official Journal of the European Union or at a 
later date specified therein. It shall not affect the validity of any delegated acts 
already in force. 

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A  delegated  act  adopted  pursuant  to  Articles  4a(1a)  and  (2),  4c(4),  6(1),  7(1a) 
and 7(4) shall enter into force only if no objection has been expressed either by 
the  European  Parliament  or  the  Council  within  a  period  of  2  months  of 
notification of that act to the European Parliament and the Council or if, before 
the  expiry  of  that  period,  the  European  Parliament  and  the  Council  have  both 
informed the Commission that they will not object. That period shall be extended 
by 2 months at the initiative of the European Parliament or the Council.' 

14. 

The Annex to Directive 1999/32/EC is replaced by the Annex to this Directive. 

EN 

19 

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Article 2 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [12 months after the entry into 
force  of  this  Directive]  at  the  latest.  They  shall  forthwith  communicate  to  the 
Commission  the  text  of  those  provisions  and  a  correlation  table  between  those 
provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 3 

Entry into force 

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 

This Directive is addressed to the Member States. 

Done at […], 

For the European Parliament 
The President 

For the Council 
The President 

EN 

20 

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ANNEX 

'ANNEX 1 

Maximum emission values for abatement methods as referred to in Article 4c(2) 

Marine fuel sulphur limits referred to in Articles 4a and 4b and Regulations 14.1 and 14.4 of 
Annex VI of MARPOL and corresponding emission limit values referred to in Article 4c(2) 

Marine fuel Sulphur Content (% m/m)  

Ratio Emission SO2(ppm)/CO2(% v/v) 

4.50  

3.50  

1.50 

1.00  

0.50  

0.10 

195.0 

151.7 

65.0 

43.3 

21.7 

4.3 

Note: 

-The use of the Ratio Emissions limits is only applicable when using petroleum based Distillate or Residual Fuel Oils.  
- In the case of exhaust gas cleaning systems that absorb CO2 during the exhaust gas cleaning process it is necessary to measure the 
CO2 prior to the cleaning process and use the CO2 concentration before cleaning with the SO2 concentration after cleaning.'  

EN 

21 

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'ANNEX 2 

Criteria for the use of emission abatement methods referred to in Article 4c(3) 

1.  The  emission  abatement  methods  referred  to  in  Article  4c  shall  comply  at  least  with  the  criteria 
specified in the following instruments, as applicable: 

Emission abatement method 

The relevant Commission decision 

Mixture of marine fuel and boil-off gas 

Commission  Decision  2010/769/EU  of  13  December  2010  on  the 
establishment of criteria for the use by liquefied natural gas carriers 
of  technological  methods  as  an  alternative  to  using  low  sulphur 
marine  fuels  meeting  the  requirements  of  Article  4b  of  Council 
Directive 1999/32/EC relating to a reduction in the sulphur content 
of certain liquid fuels as amended by Directive 2005/33/EC of the 
European Parliament and of the Council on the sulphur content of 
marine fuels (OJ L 328, 14.12.2010, p. 15). 

Exhaust gas cleaning systems 

IMO RESOLUTION MEPC.184(59) adopted on 17 July 2009 

2. Ships using emission abatement methods in accordance with Article 4c shall: 

–  continuously monitor and record the emissions of sulphur dioxide, and 

–  document  thoroughly  that  any  waste  streams  discharged  into  the  sea,  including  enclosed  ports, 
harbours  and  estuaries  have  no  significant  negative  impacts  on  and  do  not  pose  risks  to  human 
health and the environment.' 

EN 

22 

   EN