Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers
Date: 2011-09-23
Institutions: European Commission
Subjects: coastal protection, man-made disaster, maritime safety, oil pollution, prevention of pollution, safety standard, tanker, technical standard

EUROPEAN COMMISSION 

Brussels, 23.9.2011 
COM(2011) 566 final 

2011/0243 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the accelerated phasing-in of double-hull or equivalent design requirements for 
single-hull oil tankers 

(Recast) 

 
 
  
 
1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM 

On 1 April 1987 the Commission decided1 to instruct its staff that all acts should be 
codified  after  no  more  than  ten  amendments,  stressing  that  this  is  a  minimum 
requirement  and  that  departments  should  endeavour  to  codify  at  even  shorter 
intervals the texts for which they are responsible, to ensure that their provisions are 
clear and readily understandable. 

The codification of Regulation (EC) No 417/2002 of the European Parliament and of 
the  Council  of  18  February  2002  on  the  accelerated  phasing-in  of  double-hull  or 
equivalent  design  requirements  for  single-hull  oil  tankers  and  repealing  Council 
Regulation  (EC)  No  2978/942  has  been  initiated  by  the  Commission.  The  new 
Regulation was to have superseded the various acts incorporated in it3. 

In the meantime the Lisbon Treaty entered into  force. Article 290  of the Treaty  on 
the  Functioning  of  the  European  Union  allows  the  legislator  to  delegate  to  the 
Commission  the  power  to  adopt  non-legislative  acts  of  general  application  to 
supplement  or  amend  certain  non-essential  elements  of  a  legislative  act.  Legal  acts 
adopted by the Commission in this way are referred to in the terminology used by the 
new Treaty as "delegated acts" (Article 290(3)). 

Regulation  (EC)  No 417/2002  contains  a  provision  with  regard  to  which  such  a 
delegation of power would be opportune. It is therefore appropriate to transform the 
codification of Regulation (EC) No 417/2002 into a recast in order to incorporate the 
necessary amendments. 

The recast proposal was drawn up on the basis of a preliminary consolidation, in all 
official languages, of Regulation (EC) No 417/2002 and the instruments amending it, 
carried  out  by  the  Publications  Office  of  the  European  Union,  by  means  of  a  data-
processing system. Where the Articles have been given new numbers, the correlation 
between the old and the new numbers is shown in a table set out in Annex II to the 
recast Regulation. 

1 
2 
3 

COM(87) 868 PV. 
OJ L 64, 7.3.2002, p. 1. 
See Annex I to this proposal. 

EN 

2 

   EN 

 
                                                 
(cid:208) 417/2002 (adapted) 

2011/0243 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the accelerated phasing-in of double-hull or equivalent design requirements for 
single-hull oil tankers 

(Recast) 

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 ⌦ 100 ⌫ (2) thereof, 

Having regard to the proposal from the European Commission, 

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

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(cid:216) new 

(1) 

Regulation  (EC)  No  417/2002  of  the  European  Parliament  and  of  the  Council  of 
18 February  2002  on  the  accelerated  phasing-in  of  double-hull  or  equivalent  design 
requirements  for  single-hull  oil  tankers  and  repealing  Council  Regulation  (EC) 
No 2978/946 has been substantially amended several times7. Since further amendments 
are to be made, it should be recast in the interests of clarity. 

(2)  Within  the  framework  of  the  common  transport  policy,  measures  ⌦ should ⌫  be 

taken to enhance safety and prevent pollution in maritime transport. 

(cid:208) 417/2002 recital 1 (adapted) 

4 
5 
6 
7 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 64, 7.3.2002, p. 1. 
See Annex I. 

EN 

3 

   EN 

 
 
 
 
                                                 
(3) 

The  ⌦ Union ⌫  is  seriously  concerned  by  the  shipping  accidents  involving  oil 
tankers and the associated pollution of its coast-lines and harm to its fauna and flora 
and other marine resources. 

(cid:208) 417/2002 recital 2 (adapted) 

(cid:208) 417/2002 recital 3 

(4) 

In its communication 'a common policy on safe seas, the Commission underlined the 
request  of 
the  extraordinary  Council  on  Environment  and  Transport  of 
25 January 1993  to  support  the  action  in  the  International  Maritime  Organisation 
(IMO) on the reduction of the safety gap between new and existing ships by upgrading 
and/or phasing out existing ships. 

(5) 

In  its  Resolution  on  a  common  policy  on  safe  seas8,  the  European  Parliament 
welcomed  the  Commission  communication  and  called  in  particular  for  action  to  be 
taken to improve tanker safety standards.  

(cid:208) 417/2002 recital 4 

(6) 

By its Resolution of 8 June 1993 on a common policy on safe seas9, the Council fully 
supported the objectives of the Commission communication. 

(cid:208) 417/2002 recital 5 

(7) 

In its Resolution on the oil slick off the French coast adopted on 20 January 2000, the 
European  Parliament  welcomed  any  efforts  by  the  Commission  to  bring  forward  the 
date by which oil tankers will be obliged to have a double-hull construction. 

(cid:208) 417/2002 recital 6 

(cid:208) 1726/2003 recital 9 

(8) 

The European Parliament in its Resolution on the 'Prestige' oil tanker disaster off the 
coast of Galicia of 21 November 2002 called for stronger measures that can enter into 
force more rapidly, and stated that this new disaster has again underlined the need for 
effective  action  at  international  and  EU  level  in  order  significantly  to  improve 
maritime safety. 

(9) 

TheIMO  has  established,  in  the  International  Convention  for  the  Prevention  of 
Pollution from Ships, 1973 and the Protocol of 1978 related thereto (MARPOL 73/78), 
internationally agreed pollution prevention rules affecting the design and operation of 
oil tankers. Member States are Parties to MARPOL 73/78. 

(cid:208) 417/2002 recital 7 

8 
9 

OJ C 91, 28.3.1994, p. 301. 
OJ C 271, 7.10.1993, p. 1. 

EN 

4 

   EN 

 
 
 
 
 
 
 
 
                                                 
(10)  According  to  Article  3.3  of  MARPOL  73/78,  that  Convention  does  not  apply  to 
warships, naval auxiliary or other ships owned or operated by a State and used only for 
government non-commercial services. 

(cid:208) 417/2002 recital 8 

(cid:208) 417/2002 recital 9 

(11)  Comparison  of  tanker  age  and  accident  statistics  shows  increasing  accident  rates  for 
older  ships.  It  has  been  internationally  agreed  that  the  adoption  of  the  1992 
amendments  to  MARPOL  73/78  requiring  the  application  of  the  double-hull  or 
equivalent  design  standards  to  existing  single-hull  oil  tankers  when  they  reach  a 
certain  age  will  provide  those  tankers  with  a  higher  degree  of  protection  against 
accidental oil pollution in the event of collision or stranding. 

(cid:208) 417/2002 recital 10 (adapted) 

(12) 

It is in the ⌦ Union's ⌫ interest to adopt measures to ensure that oil tankers entering 
into ports and offshore terminals ⌦ or anchoring in an area ⌫ under the jurisdiction 
of  Member  States  and  oil  tankers  flying  the  flags  of  Member  States  comply  with 
Regulation  ⌦ 20 ⌫  of  Annex  I  of  MARPOL  73/78  as  revised  in  ⌦ 2004 ⌫  by 
Resolution MEPC ⌦ 117(52) adopted by the IMO's Marine Environment Protection 
Committee  (MEPC)  ⌫  in  order  to  reduce  the  risk  of  accidental  oil  pollution  in 
European waters.  

(cid:208) 457/2007 recital 4 (adapted) 

(13)  ⌦ Resolution  MEPC  114(50),  adopted  on  4  December  2003,  introduced  a  new 
Regulation 21 into Annex I to MARPOL 73/78 on the prevention of oil pollution from 
oil tankers when carrying heavy grade oil (HGO) which bans the carriage of HGO in 
single-hull tankers. ⌫ Paragraphs 5, 6 and 7 of Regulation ⌦ 21 ⌫ provide for the 
possibility  of  exemptions  from  the  application  of  certain  provisions  of  ⌦ that ⌫ 
Regulation. The statement by the Italian Presidency of the European Council on behalf 
of  the  European  Union,  recorded  in  the  official  report  of  the  MEPC  on  its  fiftieth 
session (MEPC 50/3), expresses a political commitment to refrain from making use of 
these exemptions. 

(cid:208) 417/2002 recital 11 (adapted) 

(14)  Amendments to MARPOL 73/78 adopted by the IMO on 6 March 1992 entered into 
force  on  6  July  1993.  These  measures  impose  double-hull  or  equivalent  design 
requirements for oil tankers delivered on or after 6 July 1996 aimed at preventing oil 
pollution in the event of collision or stranding. Within these amendments, a phasing-
out  scheme  for  single-hull  oil  tankers  delivered  before  that  date  took  effect  from 
6 July 1995 requiring tankers delivered before 1 June 1982 to comply with the double-
hull or equivalent design standards not later than 25 years and, in some cases, 30 years 
after  the  date  of  their  delivery.  Such  existing  single-hull  oil  tankers  would  not  be 
allowed to operate beyond ⌦ 2005 ⌫ and, in some cases, 2012 unless they comply 
with  the  double-hull  or  equivalent  design  requirements  of  Regulation  ⌦ 19 ⌫  of 

EN 

5 

   EN 

 
 
 
 
 
 
Annex I of MARPOL 73/78. For existing single-hull oil tankers delivered after 1 June 
1982 or those delivered before 1 June 1982 and which have been converted to comply 
with  the  requirements  of  MARPOL  73/78  on  segregated  ballast  tanks  and  their 
protective location, this deadline will be reached at the latest in 2026. 

(cid:208) 417/2002 recital 12 (adapted) 

(15) 

Important amendments to Regulation ⌦ 20 ⌫ of Annex I of MARPOL 73/78 were 
adopted  on  27  April  2001  by  the  46th  session  of  the  MEPC  by  Resolution  MEPC 
95(46) ⌦ and on 4 December 2003 by Resolution MEPC 111(50) ⌫ in which a new 
accelerated  phasing-out  scheme  for  single-hull  oil  tankers  was  introduced.  The 
respective  final  dates  by  which  tankers  must  comply  with  Regulation  ⌦ 19 ⌫  of 
Annex I of MARPOL 73/78 depend on the size and age of the ship. Oil tankers in that 
scheme  are  therefore  divided  into  three  categories  according  to  their  tonnage, 
construction and age. All these categories, including the lowest one, ⌦ Category ⌫ 
3, are important for trade ⌦ within the Union ⌫ . 

(16)  The final date by which a single-hull oil tanker is to be phased out is the anniversary 
of  the  date  of  delivery  of  the  ship,  according  to  a  schedule  starting  in  2003  until 
⌦ 2005 ⌫ for Category 1 oil tankers, and until ⌦ 2010 ⌫ for Category 2 and 3 oil 
tankers. 

(cid:208) 417/2002 recital 13 (adapted) 

(cid:208) 417/2002 recital 15 (adapted) 

(17)  Regulation  ⌦ 20 of  Annex  I  to  MARPOL  73/78 ⌫  introduces  a  requirement  that 
⌦ all single-hull ⌫ oil tankers may only continue to operate subject to compliance 
with a Condition Assessment Scheme (CAS), adopted on 27 April 2001 by Resolution 
MEPC 94(46) ⌦ as amended by Resolution MEPC 99(48) of 11 October 2002 and by 
Resolution MEPC 112(50) of 4 December 2003 ⌫. The CAS imposes an obligation 
that the flag State administration issues a Statement of Compliance and is involved in 
the CAS survey procedures. ⌦ The CAS is designed to detect structural weaknesses 
in ageing oil tankers and should apply to all oil tankers above the age of 15 years. ⌫ 

(cid:208) 417/2002 recital 16 (adapted) 

(18)  Regulation  ⌦ 20.5  of  Annex  I  to  MARPOL  73/78 ⌫  allows  for  an  exception  for 
Category 2 and 3 oil tankers to operate, under certain circumstances, beyond the time-
limit of their phasing-out. Regulation ⌦ 20.8.2 of the same Annex ⌫ gives the right 
for Parties to MARPOL 73/78 to deny entry into the ports or offshore terminals under 
their jurisdiction to oil tankers allowed to operate under this exception. Member States 
have declared their intention to use this right. Decision to have recourse to this right 
⌦ should ⌫ be communicated to the IMO. 

(19) 

It  is  important  to  ensure  that  the  provisions  in  this  Regulation  do  not  endanger  the 
safety of crew or oil tankers in search of a safe haven or a place of refuge. 

(cid:208) 417/2002 recital 17 

EN 

6 

   EN 

 
 
 
 
 
 
(20) 

In order to allow shipyards in Member States to repair single-hull oil tankers, Member 
States may make exceptions to allow entry into their ports of such vessels, provided 
they are not carrying any cargo. 

(cid:208) 417/2002 recital 18 

(cid:208) 219/2009 Art 1, Annex pt. 7.4  
(cid:214) new 

(21)  (cid:214) The Commission should be empowered to adopt delegated acts in accordance with 
Article 290  of  the  Treaty  for  the  purpose  of  amending   certain  references  to  the 
relevant  Regulations  in  MARPOL  73/78  and  to  Resolutions  MEPC  111(50) 
and 94(46), in order to align the references with amendments to those Regulations and 
Resolutions  adopted  by  theIMO,  in  so  far  as  such  amendments  do  not  broaden  the 
scope of this Regulation, Since those measures are of general scope and are designed 
to  amend  non-essential  elements  of  Regulation  (EC)  No  417/2002,  they  must  be 
adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  provided  for  in 
Article 5a of Decision 1999/468/EC.10 

HAVE ADOPTED THIS REGULATION: 

(cid:208) 417/2002 (adapted) 
(cid:206)1 1726/2003 Art. 1 pt. 1 

Article 1 

Purpose 

The  purpose  of  this  Regulation  is  to  establish  an  accelerated  phasing-in  scheme  for  the 
application of the double-hull or equivalent design requirements of MARPOL 73/78 ⌦ , as 
defined  in  Article  3, ⌫  to  single-hull  oil  tankers  (cid:206)1 ,  and  to  ban  the  transport  to  or  from 
ports of the Member States of heavy grades of oil in single-hull oil tankers  . 

Article 2 

Scope 

(cid:208) 1726/2003 Art. 1 pt. 2 (adapted) 

1. This Regulation shall apply to oil tankers of 5 000 tonnes deadweight and above: 

⌦ (a)  which fly the flag of a Member State; ⌫ 

⌦ (b) 

irrespective of their flag, which enter or leave a port or offshore terminal or anchor in 
an area under the jurisdiction of a Member State. ⌫ 

10 

OJ L 184, 17.7.1999, p. 23. 

EN 

7 

   EN 

 
 
 
 
 
                                                 
For  the  purpose  of  Article  4(3),  this  Regulation  shall  apply  to  oil  tankers  of  600 tonnes 
deadweight and above. 

2.  This  Regulation  shall  not  apply  to  any  warship,  naval  auxiliary  or  other  ship,  owned  or 
operated by a State and used, for the time being, only on government non-commercial service. 
Member  States  shall,  so  far  as  is  reasonable  and  practicable,  endeavour  to  respect  this 
Regulation for the ships referred to in this paragraph. 

(cid:208) 417/2002 

(cid:208) 1163/2009 Art. 1 pt. 1 

Article 3 

Definitions 

For the purpose of this Regulation, the following definitions shall apply: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

'MARPOL 73/78' means the International Convention for the Prevention of Pollution 
from Ships, 1973, as amended by the Protocol of 1978 relating thereto, in their up-to-
date versions; 

'oil tanker' means an oil tanker as defined in Regulation 1.5 of Annex I to MARPOL 
73/78; 

'deadweight'  means  deadweight  as  defined  in  Regulation  1.23  of  Annex  I  to 
MARPOL 73/78; 

'Category 1 oil tanker' means an oil tanker of 20 000 tonnes deadweight or above and 
carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo or of 30 000 
tonnes deadweight or above and carrying oil other than the above and which does not 
comply with the requirements in Regulations 18.1 to 18.9, 18.12 to 18.15, 30.4, 33.1, 
33.2, 33.3, 35.1, 35.2 and 35.3 of Annex I to MARPOL 73/78; 

'Category 2 oil tanker' means an oil tanker of 20 000 tonnes deadweight or above and 
carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo or of 30 000 
tonnes  deadweight  or  above  and  carrying  oil  other  than  the  above  and  which 
complies  with  the  requirements  in  Regulations  18.1  to  18.9,  18.12  to  18.15,  30.4, 
33.1, 33.2, 33.3, 35.1, 35.2 and 35.3 of Annex I to MARPOL 73/78 and is fitted with 
segregated ballast tanks protectively located (SBT/ PL); 

'Category 3 oil tanker' means an oil tanker of 5 000 tonnes deadweight or above but 
less than that specified in definitions 4 and 5; 

'single-hull oil tanker' means an oil tanker which does not comply with the double-
hull  or  equivalent  design  requirements  in  Regulations  19  and  28.6  of  Annex  I  to 
MARPOL 73/78; 

8. 

'double-hull oil tanker' means an oil tanker: 

EN 

8 

   EN 

 
 
 
(a) 

of  5 000  tonnes  deadweight  or  above,  complying  with  the  double-hull  or 
equivalent  design  requirements  in  Regulations  19  and  28.6  of  Annex  I  to 
MARPOL 73/78 or the requirements in Regulation 20.1.3 thereof; or 

(b)  of  600  tonnes  deadweight  or  above  but  less  than  5 000  tonnes  deadweight, 
fitted with double-bottom tanks or spaces complying with Regulation 19.6.1 of 
Annex I to MARPOL 73/78 and wing tanks or spaces arranged in accordance 
with  Regulation  19.3.1  thereof  and  complying  with  the  requirement  as  to 
distance w in Regulation 19.6.2 thereof; 

'age'  means  the  age  of  the  ship,  expressed  in  number  of  years  from  its  date  of 
delivery; 

'heavy  diesel  oil'  means  diesel  oil  as  defined  in  Regulation  20  of  Annex  I  to 
MARPOL 73/78; 

'fuel oil' means heavy distillates of crude oil or residues therefrom or blends of such 
materials as defined in Regulation 20 of Annex I to MARPOL 73/78; 

9. 

10. 

11. 

12. 

'heavy grades of oil' means: 

(a) 

crude oils of a density at 15°C of over 900 kg/m311;  

(b)  oils  other  than  crude  oils  and  of  a  density  at  15°C  of  over  900  kg/m3  or  a 

kinematic viscosity at 50°C of over 180 mm2/s12; 

(c) 

bitumen and tar and emulsions thereof. 

(cid:208) 417/2002 (adapted) 

Article 4 

Compliance with the double-hull or equivalent design requirements by single-hull oil 
tankers 

1. No oil tanker shall be allowed to operate under the flag of a Member State, nor shall any oil 
tanker, irrespective of its flag, be allowed to enter into ports or offshore terminals under the 
jurisdiction of a Member State unless such tanker is a double-hull oil tanker. 

(cid:208) 1726/2003 Art. 1 pt. 4(c) 
(adapted) 
(cid:206)1 1163/2009 Art. 1(2) 

2. Notwithstanding paragraph 1, oil tankers of Category 2 or 3 which are equipped only with 
double bottoms or double sides not used for the transport of oil and extending for the whole 
length  of  the  cargo  tank,  or  with  double-hulled  spaces  not  used  for  the  transport  of  oil  and 
extending  for  the  whole  length  of  the  cargo  tank,  but  which  do  not  meet  the  conditions  for 

11 
12 

Corresponding to an API grade of less than 25,7. 
Corresponding to a kinematic viscosity of over 180 cSt. 

EN 

9 

   EN 

 
 
 
                                                 
exemption  from  the  provisions  of  (cid:206)1 Regulation  20.1.3  of  Annex  I  to  MARPOL 73/78 , 
may continue to be operated, but not beyond the anniversary of the date of delivery of the ship 
in  the  year 2015  or  the  date  on  which  the  ship  reaches  the  age  of  25  years  from  its  date  of 
delivery, whichever is the sooner. 

(cid:208) 457/2007 Art. 1 

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 oil tanker. 

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

4. Oil tankers operated exclusively in ports and inland navigation may be exempted from the 
obligation  under  paragraph  3  provided  that  they  are  duly  certified  under  inland  waterway 
legislation. 

(cid:208) 1726/2003 Art. 1 pt. 4(e) 
(adapted) 

(cid:208) 1726/2003 Art. 1 pt. 5 (adapted) 

Article 5 

Compliance with the Condition Assessment Scheme 

Irrespective of its flag, a single-hull oil tanker above 15 years of age shall not be allowed to 
enter  or  leave  ports  or  offshore  terminals  or  anchor  in  areas  under  the  jurisdiction  of  a 
Member State unless it complies with the Condition Assessment Scheme referred to in Article 
6. 

(cid:208) 1726/2003 Art. 1 pt. 6 (adapted) 
(cid:206)1 2172/2004 Art. 1 pt. 2 

Article 6 

Condition Assessment Scheme 

For the purposes of Article 5, the Condition Assessment Scheme adopted by (cid:206)1 Resolution 
MEPC 94(46) of 27 April 2001 as amended by Resolution MEPC 99(48) of 11 October 2002 
and by Resolution MEPC 112(50) of 4 December 2003 , shall apply. 

EN 

10 

   EN 

 
 
 
 
 
(cid:208) 417/2002 (adapted) 
(cid:206)1 1163/2009 Art. 1(3) 

Article 7 

Final date 

After the anniversary of the date of delivery of the ship in 2015 ⌦ , the following shall no 
longer be allowed: ⌫ 

(a) 

(b) 

the  continued  operation,  in  accordance  with  (cid:206)1 Regulation  20.5  of  Annex  I  to 
MARPOL  73/78 ,  of  Category  2  and  Category  3  oil  tankers  under  the  flag  of  a 
Member State; 

the entry into the ports or offshore terminals under the jurisdiction of a Member State 
of  other  Category  2  and  Category  3  oil  tankers,  irrespective  of  the  fact  that  they 
continue 
in  accordance  with 
(cid:206)1 Regulation 20.5 of Annex I to MARPOL 73/78  . 

to  operate  under 

the  flag  of  a 

third  State 

Article 8 

Exemptions for ships in difficulty or for ships to be repaired 

By  way  of  derogation  from  Articles  4,  5  and  7, the competent authority  of  a Member State 
may,  subject  to  national  provisions,  allow,  under  exceptional  circumstances,  an  individual 
ship to enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of 
that Member State, when: 

(cid:208) 1726/2003 Art. 1 pt. 7 

(cid:208) 417/2002 (adapted) 
(cid:206)1 1163/2009 Art. 1(4)(a)(i) 
(cid:206)2 1163/2009 Art. 1(4)(a)(ii) 
(cid:206)3 1163/2009 Art. 1(4)(b) 

(a) 

(b) 

an oil tanker is in difficulty and in search of a place of refuge; 

an unloaded oil tanker is proceeding to a port of repair. 

Article 9 

Notification to the IMO 

1.  Each  Member  State  shall  inform  the  IMO  of  its  decision  to  deny  entry  to  oil  tankers, 
pursuant to Article 7 of this Regulation, operating in accordance with (cid:206)1 Regulation 20.5 of 
Annex I to MARPOL 73/78  into the ports or offshore terminals under its jurisdiction, on 
the basis of (cid:206)2 Regulation 20.8.2 of Annex I to MARPOL 73/78  . 

EN 

11 

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2. Each Member State shall notify the IMO if it allows, suspends, withdraws or declines the 
operation of a Category 1 or a Category 2 oil tanker entitled to fly its flag, in accordance with 
Article 5, on the basis of (cid:206)3 Regulation 20.8.1 of Annex I to MARPOL 73/78  . 

(cid:208) 417/2002 

Article 10 

Amendment procedure 

(cid:208) 219/2009 Annex pt. 7.4.2 
(adapted) 
(cid:214) new 

The Commission may (cid:214) adopt delegated acts in accordance with Article 11 for the purpose 
of amending  the references in this Regulation to the Regulations of Annex I to MARPOL 
73/78,  as  well  as  to  Resolutions  MEPC  111(50)  and  94(46)  as  amended  by  Resolutions 
MEPC  99(48)  and  112(50),  in  order  to  align  the  references  with  amendments  to  those 
Regulations  and  Resolutions  adopted  by  the  IMO,  in  so  far  as  such  amendments  do  not 
broaden  the  scope  of  this  Regulation.  Those  measures,  designed  to  amend  non-essential 
elements  of  this  Regulation,  shall  be  adopted  in  accordance  with  the  regulatory  procedure 
with scrutiny referred to in Article 10(2). 

The  amendments  to  ⌦ MARPOL  73/78 ⌫  may  be  excluded  from  the  scope  of  this 
Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002. 

(cid:208) 2099/2002 Art. 11 pt. 3 
(adapted) 

(cid:216) new 

Article 11 

Exercise of the delegation 

1. The powers to adopt the delegated acts referred to in the first subparagraph of Article 10 
shall be conferred on the Commission for an indeterminate period of time. 

2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 
European Parliament and to the Council. 

3.  The  powers  to  adopt  delegated  acts  are  conferred  on  the  Commission  subject  to  the 
conditions laid down in Articles 12 and 13. 

Article 12 

Revocation of the delegation  

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1. The delegation of powers referred to in the first subparagraph of Article 10 may be revoked 
at any time by the European Parliament or by the Council. 

2. The institution which has commenced an internal procedure for deciding whether to revoke 
the delegation of powers shall endeavour to inform the other institution and the Commission 
within  a  reasonable  time  before  the  final  decision  is  taken,  indicating  the  delegated  powers 
which could be subject to revocation and possible reasons for a revocation. 

3. The decision of revocation shall put an end to the delegation of the powers specified in that 
decision. It shall take effect immediately or at a later date specified therein. It shall not affect 
the validity of the delegated acts already in force. It shall be published in the Official Journal 
of the European Union.  

Article 13 

Objections to delegated acts 

1. The European Parliament and the Council may object to a delegated act within a period of 
two months from the date of notification.  

At the initiative of the European Parliament or the Council that period shall be extended by 
one month.  

2. If, on expiry of that period, neither the European Parliament nor the Council has objected to 
the delegated act it shall be published in the Official Journal of the European Union and shall 
enter into force at the date stated therein.  

The delegated act may be published in the Official Journal of the European Union and enter 
into force before the expiry of that period if the European Parliament and the Council have 
both informed the Commission of their intention not to raise objections. 

3. If the European Parliament or the Council objects to a delegated act, it shall not enter into 
force. The institution which objects shall state the reasons for objecting to the delegated act. 

(cid:208) 417/2002 (adapted) 

Article 14 

Repeal 

Regulation (EC) No ⌦ 417/2002 ⌫ is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex II. 

(cid:208)  

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(cid:208) 417/2002 (adapted) 

Article 15 

Entry into force 

This Regulation shall enter into force on the twentieth day following that of 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 

For the European Parliament 
The President 

For the Council 
The President 

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(cid:207) 

ANNEX I 

Repealed Regulation with list of its successive amendments 
(referred to in Article 14) 

Regulation (EC) No 417/2002 of the European Parliament 
and of the Council 
(OJ L 64, 7.3.2002, p. 1)  

Regulation (EC) No 2099/2002 of the European Parliament 
and of the Council 
(OJ L 324, 29.11.2002, p. 1) 

Only Article 11 

Regulation (EC) No 1726/2003 of the European Parliament 
and of the Council 
(OJ L 249, 1.10.2003, p. 1) 

Commission Regulation (EC) No 2172/2004 
(OJ L 371, 18.12.2004, p. 26) 

Regulation (EC) No 457/2007 of the European Parliament 
and of the Council 
(OJ L 113, 30.4.2007, p. 1) 

Regulation (EC) No 219/2009 of the European Parliament 
and of the Council 
(OJ L 87, 31.3.2009, p. 109) 

Commission Regulation (EC) No 1163/2009 
(OJ L 314, 1.12.2009, p. 13) 

_____________ 

Only point 7.4 of the Annex 

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ANNEX II 

CORRELATION TABLE 

Regulation (EC) No 417/2002 

This Regulation 

Article 1 

Article 1 

Article 2(1), introductory words 

Article 2(1), introductory words 

Article 2(1), first subparagraph, first indent 

Article 2(1), first subparagraph, point (b) 

Article 2(1), first subparagraph, second indent  Article 2(1), first subparagraph, point (a) 

Article 2(1), second subparagraph 

Article 2(1), second subparagraph 

Article 2(2) 

Article 3 

Article 2(2) 

Article 3 

Article 4(1) introductory words 

Article 4(1)  

Article 4(1), point (a) 

Article 4(1), point (b) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 4(5)  

Article 4(6) 

Article 5 

Article 6 

- 

- 

Article 4(2) 

Article 4(3) 

Article 4(4) 

- 

-  

Article 5 

Article 6 

Article 7, introductory words 

Article 7, introductory words 

Article 7, first indent 

Article 7, second indent 

Article 7(a) 

Article 7(b) 

Article 7, final words 

Article 7, introductory words 

Article 8(1), introductory wording 

Article 8, introductory wording 

Article 8(1), first indent 

Article 8(a) 

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Article 8(1), second indent 

Article 8(b) 

Article 8(2) 

Article 9(1) 

Article 9(2) 

Article 9(3) 

Article 10 

Article 11 

- 

- 

- 

Article 12 

- 

Article 13 

- 

- 

-  

-  

Article 9(1) 

Article 9(2) 

-  

Article 10 

Article 11 

Article 12 

Article 13 

Article 14, first paragraph 

Article 14, second paragraph 

Article 15 

Annex I 

Annex II 

_____________ 

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