REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2016/802/EU of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels
Date: 2017-06-28
Institutions: Directorate-General for Environment, European Commission
Subjects: air quality, delegated legislation, fuel, maritime shipping, pollution control measures, pollution from ships, powers of the institutions (EU), sulphur, technological change, transfer of competence

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   EN 

   EUROPEAN COMMISSION  Brussels, 28.6.2017  COM(2017) 342 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2016/802/EU of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 
 on the exercise of the power to adopt delegated acts conferred on the Commission pursuant 
to Directive 2016/802/EU of the European Parliament and of the Council of 11 May 2016 
relating to a reduction in the sulphur content of certain liquid fuels 

1. INTRODUCTION  

Directive  2016/802/EU1  of  the  European  Parliament  and  of  the  Council  of  11  May  2016 
(codification) relating to a reduction in the sulphur content of certain liquid fuels seeks to prevent 
and  control  air  pollution  caused  by  noxious  emissions  resulting  from  the  combustion  of  liquid 
fuels,  including  of  marine  fuels,  with  a  high  sulphur  content,  which  harm  human  health,  the 
environment and contribute to acid deposition. 
This directive empowers the Commission to adopt delegated acts to adapt the following Articles 
and Annexes to scientific and technical progress, not least, to ensure consistency with the relevant 
instruments adopted by the International Maritime Organisation (IMO) and, as appropriate, with 
other EU or international standards: 

  Article  2  points  (a)  to  (e)  and  (p)  laying  down  definitions  and  specifications  for  fuels 

covered by the Directive; 

  Article  13(2)  point  (b)(i)  concerning  the  sampling  and  analysis  of  marine  fuel  for  on-

board combustion while being delivered to ships; 

  Article  13(3)  laying  down  the  reference  method  for  determining  the  sulphur  content  of 

liquid fuels; 

  Annex  I  and  II  laying  down  equivalent  emission  values  and  criteria  for  the  use  of 

emission abatement methods referred to in Article 8. 

2. LEGAL BASIS  

This report is required under Article 16(2) of Directive 2016/802/EU. Pursuant to this provision, 
the power to adopt delegated acts is conferred on the Commission for a period of five years from 
17  December  2012  and  the  Commission  is  required  to  prepare  a  report  in  respect  of  the 
delegation of power, at the latest 9 months before the end of the five-year period. The delegation 
of power shall be automatically extended for periods of an identical duration, unless the European 
Parliament or the Council revokes it in accordance with Article 16(2).  

3. EXERCISE OF THE DELEGATION  

The exercise of the empowerment was deemed necessary for adapting several provisions foreseen 
by  the  Directive  to  scientific  and  technical  progress.  Since  the  last  amendment  to  the  legal 
provisions  (2012)2  however,  there  have  been  no  significant  developments  in  the  area  of  fuel 
specifications and sulphur in fuel verification standards or emission abatement methods, urging 
the Commission to use the delegated powers conferred by the Directive.  

However,  in  view  of  the  entry  into  force  on  1  January  2020,  as  per  Article  6(1)(b)  of  the 
Directive, of the stricter 0.50% sulphur in fuel requirement for ships sailing in EU waters outside 
the  Sulphur  Emission  Control  Areas  (SOx-ECAs),  as  well  as  globally,  new  marine  fuels  and 
emission  abatement  methods  may  enter  the  EU  market  to  ensure  compliance  with  the  stricter 
requirement.  Also  the  IMO  is  currently  working  on  new  relevant  standards  and  other  technical 

1 OJ L 132, 21.5.2016, p. 58–78 
2 OJ L 327, 27.11.2012, p. 1 

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provisions. Both developments would likely require the Commission to use its delegated powers 
to  ensure  the  Directive  is  adapted  to  scientific  and  technical  progress,  and  consistent  with 
standards adopted by the IMO.   

4. CONCLUSION 

The Commission has, over the past five years, not exercised the delegated powers conferred to it 
under Directive 2016/802/EU. It invites the European Parliament and the Council to take note of 
this report. 

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