REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on implementation and compliance with the sulphur standards for marine fuels set out in Directive (EU) 2016/802 relating to a reduction in the sulphur content of certain liquid fuels
Date: 2018-04-16
Institutions: Directorate-General for Environment, European Commission
Subjects: European Maritime Safety Agency, air quality, anhydride, information system, marine fuel, maritime shipping, pollution from ships, sampling, standard, sulphur

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 16.4.2018  COM(2018) 188 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on implementation and compliance with the sulphur standards for marine fuels set out in Directive (EU) 2016/802 relating to a reduction in the sulphur content of certain liquid fuels  
 
 
1.  Reporting  on  compliance  with  the  sulphur  standards,  evaluating  the 
need  for  further  strengtening  of  the  Directive's  provisions  and 
considering the potential for further reducing air pollution  

Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid 
fuels1 has  been  substantially  amended  several  times,  lastly  by  Directive  2012/33/EU  of  21 
November 2012 as regards the sulphur content of marine fuels2 which entered into force on 
17  December  2012  and  had  to  be  transposed  by  18  June  2014.  To  preserve  clarity  and 
rationality following the different substantial amendments of Council Directive 1999/32/EC, 
it  was  codified  as  Directive  (EU)  2016/802  of  11  May  2016  relating  to  a  reduction  in  the 
sulphur content of certain liquid fuels3 (hereinafter “the Sulphur Directive”).  

The Sulphur Directive’s principal aim is to reduce harmful health effects and environmental 
damage caused by sulphur dioxide (SO2) emissions resulting from the combustion of certain 
types  of  liquid  fuels.  Irrespective  of  Articles  3  and  4  which  regulate  the  sulphur  content  of 
heavy  fuel  oil  (HFO)  and  gas  oils  used  in  certain  combustion  plants  on  land,  the  Directive 
now mostly regulates the sulphur content of liquid fuels used by ships ('marine fuels'). 

Article 14(1) of Directive (EU) 2016/802 requires Member States to submit each year by 30 
June a report to the Commission outlining compliance with the sulphur standards of the liquid 
fuels  falling  within  the  scope  of  the  Directive  on  the  basis  of  checks  carried  out  in  the 
preceding year. On the basis of these national reports and on the notifications regarding the 
non-availability of marine fuels, the Commission shall each year report on the implementation 
of the Directive. Article 14(1) furthermore requires the Commission to evaluate the need for 
further strengthening of the relevant provisions of the Directive and to make any legislative 
proposals to that effect. 

The transposition deadline of Directive 2012/33/EU was 18 June 2014. Notwithstanding, the 
main  change  brought  by  Directive  2012/33/EU,  namely  the  mandatory  use  of  low  sulphur 
marine fuels in the Baltic Sea and North Sea designated as Sulphur Oxides Emissions Control 
Areas  (‘European  SOx-ECAs’),  took  effect  only  on  1  January  2015.  Consequently,  the 
Commission  received  Member  States'  first  reporting  on  compliance  with  the  new  sulphur 
requirements in the European SOx-ECAs not earlier than 30 June 2016. However, considering 
that for their 2016 reporting not all Member States made use yet of the new reporting tools 
and template, the EU-wide picture of the level of enforcement and compliance with the new 
sulphur  standards  was  still  somewhat  convoluted  in  2016.  Thus,  to  present  the  European 
Parliament  and  Council  a  more  stable  and  aggregated  overview  of  the  level  of  enforcement 
and compliance with the stricter sulphur standards for marine fuels since the entry-into-force 
of  the  low  sulphur  requirements  in  the  European  SOx-ECAs  on  1  January  2015,  the 
Commission decided to cover the years 2015 to 2017 jointly in this single report. 

1 OJ L 121 of 11.5.1999, p. 13 
2 OJ L 327 of 27.11.2012, p. 1 
3 OJ L132 of 21.5.2016, p. 58 

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This report also provides an overview of the relevant EU support mechanisms put in place to 
support Member States and the European shipping industry with implementing, enforcing and 
complying  with  the  amendments  brought  by  Directive  2012/33/EU.  It  finally  addresses 
technical  assistance  provided  to  neighbouring  countries,  international  cooperation,  and  puts 
forward some suggestions for further strengthening some of the Directive's provisions.  

In  accordance  with  Article  14(2)  of  Directive  (EU)  2016/802,  the  Commission  already 
addressed  the  costs  and  benefits  of  potential  additional  Union  action  on  reducing  air 
emissions  including  from  shipping  in  its  ‘Clean  Air  Policy  Package’4,5 of  December  2013 
which  followed  from  an  in-depth  review  of  the  EU's  air  quality  policies.  Following  this 
review, the Commission decided to not put forward a specific legislative proposal addressing 
ship  emissions  as  part  of  its  Clean  Air  Policy  Package.  Nonetheless,  in  its  proposal  for  a 
Directive  on  the  reduction  of  national  emissions  of  certain  atmospheric  pollutants 6  the 
Commission  included  a  provision  (Article  5(1))  that  would  allow  Member  States  to  'offset' 
their  total  national  emission  reduction  obligations  by  the  reduction  of  SO2,  nitrogen  oxides 
(NOx)  and  fine  particulate  matter  (PM2,5)  emissions  achieved  through  additional  measures 
regulating air pollution from ships. However, this proposed flexibility, or any other provision 
addressing a reduction of  ship emissions, was  not included in Directive (EU) 2016/2284 on 
the  reduction  of  national  emissions  of  certain  atmospheric  pollutants 7  (the  'new  NEC 
Directive’).  

The  Commission  continues  to  assess  progress  in  reducing  emissions  from  ships,  including 
emissions other than SOx, and the potential for further reduce emissions from this sector. On-
going initiatives in that regard are also briefly set out in this report.     

2.  Main changes and effects brought by Directive 2012/33/EU 

In 2008, the International Maritime Organisation (IMO) adopted amendments to Annex VI to 
the  International  Convention  for  the  Prevention  of  Pollution  from  Ships  (the  ‘revised 
MARPOL Annex VI’) containing regulations for the prevention of air pollution from ships. 
The  revised  MARPOL  Annex  VI  entered  into  force  on  1  July  2010  and  Article  1(6)(b)  of 
Directive  2012/33/EU  introduced  one  of  the  main  changes  of  the  revision,  namely  the 
mandatory use of marine fuels with a maximum 0,10% sulphur content in SOx-ECAs as of 1 
January 2015,  into Union law (Article 6(2) of Directive (EU) 2016/802).  

Similarly  to  the  revised  MARPOL  Annex  VI,  Article  1(6)(c)  of  Directive  2012/33/EU  also 
established  the  use  of  fuels  with  a  maximum  sulphur  content  of  0,50%  in  all  other  waters 
falling under the jurisdiction of a Member State (‘European waters’) outside the SOx-ECAs as 
from  1  January  2020  (Article  6(1)  of  Directive  (EU)  2016/802).  However,  contrary  to  the 
revised  MARPOL  Annex  VI,  the  coming  into  effect  of  this  requirement  in  the  EU  in  2020 

4  See:  VITO,  March  2013,  'Specific  evaluation  of  emissions  from  shipping  including  assessment  for  the 
establishment of possible new emission control areas in European Seas'  
5 See: http://ec.europa.eu/environment/air/clean_air/index.htm 
6 COM(2013)920 final  
7 OJ L 344 of 17.12.2016, p. 1 

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was  not  subject  to  a  later  review  of  availability  of  compliant  fuels,  thus  ensuring  legal 
certainty from the outset and leaving the industry sufficient time to prepare.  

So  far  the  mandatory  use  of  marine  fuels  with  a  sulphur  content  of  0,10%  in  the  European 
SOx-ECAs  as  from  January  2015  has  proven  to  effectively  contribute  to  achieving  the 
Directive’s purpose of reducing  harmful effects of sulphur dioxide emissions from  ships  on 
humans and the environment. Over 93% of the inspected ships in the SOx-ECAs respected the 
stricter  sulphur  concentrations  which  lead  to  a  significant  reduction  of  sulphur  dioxides 
concentrations  in  ambient  air  in  regions  bordering  the  SOx-ECAs  (e.g.  up  to  60%  in 
Denmark8,  to  50%  reduction  at  the  German  North  Sea  island  'Neuwerk'9 and  the  Swedish 
islands  of  Öland  (Ottenby)  and  Gotland  (Hoburgen) 10 ,  and  over  20%  reduction  in  the 
Rotterdam-Rijnmond region11).  

A reduction of SO2 concentrations in ambient air is also expected for all other coastal regions 
in  the  EU  once  the  0,50%  maximum  sulphur  content  requirement  will  take  effect  in  2020. 
However,  it  will  still  have  to  be  determined  whether the  0,50%  sulphur  limit  will bring  the 
same benefits as the 0,10% sulphur limit in the European SOx-ECAs allowing all EU citizens 
to benefit from an equal protection from air pollution from ships.  

3.  Union support to Member States and industry to facilitate enforcement 

and compliance of the stricter sulphur standards 

In the run-up to 1 January 2015, the price of marine fuels with a maximum of 0,10% sulphur 
(‘marine gas oil’  or  ‘MGO’)  was projected to be up to  65-80%  higher than the price of  the 
HFO  used  in  the  SOx-ECAs  until  then. 12 Many  ship  owners  and  operators  expected  the 
coming into effect of the 0,10% sulphur content requirement to lead to considerable economic 
impacts  resulting  from  a  significant  increase  in  operating  costs,  especially  for  ship  owners 
with large parts of their activities in the European SOx-ECAs. The Commission put forward a 
number  of  accompanying  measures  and  support  mechanisms  (further  elaborated  below)  to 
support  enforcement  and  compliance  with  the  stricter  sulphur  standards  and  to  minimise 
unwanted collateral effects. 

Several subsequent studies13,14,15 concluded, however, that the introduction of the low sulphur 
requirements  in  the  European  SOx-ECAs  did  not  result  in  any  loss  of  traffic  or  significant 

8 Danish  Ministry  of  Environment  and  Food,  November  2016,  ‘Sulphur  content  in  the  air  halved  since  2014’, 
see:  http://en.mfvm.dk/news/news/nyhed/sulphur-content-in-the-air-halved-since-2014/ 
9  Kattner  et  al.,  2015,  'Monitoring  compliance  with  sulfur  content  regulations  of  shipping  by  in-situ 
measurements  of  ship  emissions',  and  Seyler  et  al.,  2017,  'Monitoring  shipping  emission  in  the  German  Bight 
using MAX-DOAS measurements' 
10 IVL  -  Swedish  Environmental  Research  Institute,  November  2015,  'Reduced  sulphur  content  in  air  after 
tightening of ship fuel regulations', see: http://www.ivl.se/ 
11  Rotterdam  Rijnmond  Environmental  Protection  Agency  (DCMR),  July  2015,  ‘Cleaner  air  from  cleaner 
shipping’, see: http://www.dcmr.nl/nieuws/nieuwsberichten/2015/07/schonere-scheepvaart.html 
12 See:  European  Maritime  Safety  Agency,  December  2010,  ‘The  0,1%  sulphur  in  fuel  requirement  as  from  1 
January 2015 in SECAs – An assessment of available impact studies and alternative means of compliance’  
13 CE Delft, April 2016, 'SECA Assessment: Impacts of 2015 SECA marine fuel sulphur limits - First drawings 
from European experiences'  

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shifts towards road transport. No company or maritime service shutdowns, nor any decrease 
in  cargo  turnover  in  Northern  European  ports  that  can  be  directly  linked  to  the  SOx-ECA 
requirements  were  found,  and  no  severe  cases  of  unavailability  of  compliant  fuels  were 
reported.  Whereas  the  drop  of  oil  prices  is  considered  as  the  main  reason  as  to  why  no 
negative effects were observed from the low sulphur requirements in the SOx-ECAs, the EU's 
support for Member States and maritime stakeholders also contributed to keeping the impact 
of the low sulphur requirements on the sector’s competitiveness and modal shares minimal. 

3.1  The European Sustainable Shipping Forum 

In  follow-up  to  the  'Sustainable  Waterborne  Transport  Toolbox'  of  September  201116,  the 
Commission  set  up  in  2013  the  ESSF17 as  a  special  forum  facilitating  a  structured  dialogue 
and  cooperation  among  different  Commission  services,  Member  States  and  maritime 
stakeholders  to  better  address  environmental  sustainability  challenges  confronting  the  EU 
maritime  transport  sector.  Besides  technical  matters  related  to  the  various  low  sulphur 
compliance options, the ESSF also addresses the competitiveness of the EU’s shipping sector 
and new ways of financing sustainable maritime transport.  

The ESSF consists of a plenary and technical expert groups (the ‘sub-groups’) and is chaired 
by  the  Commission  while  the  European  Maritime  Safety  Agency  (EMSA)  acts  as  technical 
secretariat.  The  ESSF  currently  comprises  four  specialized  sub-groups18,  each  consisting  of 
Member State experts and stakeholders, and are co-chaired by the Commission, Member State 
and/or  stakeholders  representatives.  The  sub-group  on  the  ‘Implementation  of  the  Sulphur 
Directive’, later replaced by the sub-group on ‘Air Emissions from Ships’, had a central role 
in  supporting  preparations  for  the  taking  effect  of  the  0,10%  sulphur  requirement  in  the 
European SOx-ECAs, and is currently supporting the preparations for the implementation of 
the  0,50%  sulphur  content  requirement 19.    The  scope  of  the  ESSF  is  not  limited  to  the 
implementation  of the Sulphur Directive, and the Forum has also addressed greenhouse  gas 
emissions from ships and ship-generated waste20. 

The  ESSF  provides  concrete  and  tailor-made  support  to  Member  States  and  industry  in  the 
respective  areas  of  the  sub-groups.  Its  work  facilitated  the  drawing-up  of  Commission  and 
EMSA  guidance  documents,  Commission 
implementing  and  delegated  acts,  (EU) 
submissions  to  the  IMO  and  the  review  of  Union  legislative  acts21.  The  ESSF  reflects  the 
productive  cooperation  between  Commission  services,  national  experts  and  stakeholders 

14 European  Community  Shipowners'  Associations  (ECSA)  survey  conducted  in  the  context  of  the  ESSF  sub-
group on Competitiveness (presented to the ESSF Plenary on 26.01.2016)  
15 Technical  University  of  Denmark,  'Mitigating  and  reversing  the  side-effects  of  environmental  legislation  on 
Ro-Ro shipping in Northern EuropeRoRo SECA', implemented from 15/06/2015 to 14/06/2017 
16 COM(2013)475 final 
17  Commission  Decision  of  24  September  2013  on  setting-up  the  group  of  experts  on  maritime  transport 
sustainability - The European Sustainable Shipping Forum (ESSF), C(2013)5984 final 
18 Air Emissions from Ships; Marine Liquefied Natural Gas; Exhaust Gas Cleaning Systems; Competitiveness 
19

of 
http://ec.europa.eu/transparency/regexpert/index.cfm 
20 The  following  sub-groups  completed  their  mandate  and  were  subsequently  closed:  Financing;  Research  and 
Development; Port Reception Facilities; Monitoring, Reporting and Verification of CO2 emissions from shipping 
21 See for a list of deliverables on: http://emsa.europa.eu/main/sustainable-toolbox/relevant-eu-projects.html 

Expert  Groups, 

Commission’s 

Commission 

E02869, 

Register 

 See 

the 

nr. 

4 

 
 
 
 
 
 
                                                                                                                                                         
aimed at reinforcing a sustainable and competitive EU shipping sector. In view of its success, 
the ESSF’s mandate was extended until 30 June 201822 and the last ESSF Plenary meeting of 
16 October 2017 recommended a further extension. 

3.2  EU financial support for the uptake of clean ship technologies 

The  Commission  actively  supports  increasing  the  sustainability  of  maritime  transport  in  the 
EU  through  a  wide-range  of  financial  instruments  aimed  at  research,  development  and 
deployment projects of innovative technologies or clean fuels.  

The  'Horizon  2020'  programme23 co-finances  Research  and  Innovation  (R&I)  projects  that 
aim  at  technology  improvements  in  support  of  sustainable  shipping  (e.g.  exhaust  treatment 
systems, clean and efficient engines, new technologies such as fuel cells, electrification and 
renewable  propulsion  power  (e.g.  wind),  improved  hydrodynamics)  and  preparing  the  EU's 
shipping industry to meet Union and international environmental obligations and objectives.  

The  Connecting  Europe  Facility  (CEF)  supports  the  promotion  of  green  shipping  through 
funding of ‘green’ infrastructure and on-board equipment. For the years 2014 and 2015 alone, 
the  CEF  (including  the  'Motorways  of  the  Seas'  programme 24)  allocated  over  €185M  to 
studies, pilot actions and infrastructure projects.25 

To  address  the  European  shipping  sector's  challenge  to  access  financial  support  from 
commercial  banks  for  financing  green  ship  technology,  the  Commission,  following 
preparatory work by the ESSF and in close cooperation with the European Investment Bank 
developed  the  Green  Shipping  Guarantee  (GSG)  programme.  The  GSG  programme  is 
financed  through  the  CEF  and  the  European  Fund  for  Strategic  Investments  (EFSI)  and  its 
total financial envelope amounts to €750M. The programme is expected to generate €3 billion 
of investments in the European shipping sector. In December 2017, the first transaction within 
the GSG programme was signed to finance the construction of a LNG fueled ferry26.  

3.3  Technical support to Member States by the European Maritime Safety Agency  

The Commission tasked EMSA27 with additional activities facilitating the implementation and 
enforcement  of  the  low  sulphur  requirements.  In  this  context  EMSA  provides  dedicated 
technical  assistance  to  Member  States’  administrations  by  means  of  workshops,  training 
seminars28, exchange-of-best-practices and other technical guidance and tools.  

22 Commission Decision of 7.1.2016 - C(2015)9741 
23 The EU Framework Programme for Research and Innovation (2014 – 2020), see also: 
https://ec.europa.eu/programmes/horizon2020/en/area/transport 
24 See also: https://ec.europa.eu/inea/en/connecting-europe-facility/cef-transport/cef-transport-motorways-sea 
25 See also Commission SWD(2016)326 final, of 30 September 2016 on the implementation of the EU Maritime 
Transport Strategy 2009-2018, paragraph 52 
26 See: https://ec.europa.eu/commission/news/juncker-plan-france-signature-first-green-financing-maritime-
sector-2017-dec-12_en  
27 On the basis of ‘cooperation agreements’ between DG Environment and EMSA, see: 
http://www.emsa.europa.eu/partnerships/operational-agreements.html 
28 See EMSA’s full training plan on Union legislation for Member States: http://emsa.europa.eu/implementation-
tasks/training-a-cooperation/trainings-for-member-states.html 

5 

 
 
 
 
 
 
 
 
 
                                                 
The Commission also mandated EMSA to  carry  out  a ‘cycle of visits’ to  Member  States  to 
monitor the effective implementation of the Directive and relevant implementing legislation29. 
The  visits  by  EMSA  typically  take  several  days  during  which  the  national  legislation  and 
procedures  are  discussed  in  detail  with  the  different  competent  authorities  (e.g.  Ministries, 
Coast Guard, as well as local authorities such as port authorities). The cycle of visits started at 
the end of 2016 and is expected to be completed in 2021. By the end of 2017 seven Member 
States  had  been  visited  by  EMSA.  Initial  reactions  from  the  Member  States  underline  the 
thoroughness of the visits and confirm how EMSA’s findings increase mutual understanding 
and  serve  as  catalyst  for  national  dialogue  and  for  follow-up  actions  to  ensure  the 
effectiveness  of  national  implementation  measures.  EMSA  foresees  to  organise  a  mid-term 
workshop  in  2019  to  discuss  interim  results.  Once  all  Member  States  have  been  visited, 
EMSA will provide the Commission with a horizontal report containing general findings and 
conclusions on the implementation of the Directive.   

3.4  Member State Committee for the Implementation of the Sulphur Directive 

In  accordance  with  Article  17  of  Directive  (EU)  2016/802,  the  Commission  established  the 
Committee  on  the  Implementation  of  the  Sulphur  Directive  to  support  its  coherent  and 
effective  implementation  (hereafter,  "the  Committee")30.  It  met  for  the  first  time  in  October 
2014,  and  five  times  so  far.  The  Committee  assists  the  Commission  with  exercising  its 
implementing  powers,  with  drafting  submissions  to  the  IMO,  and  reviewing  outputs  of  the 
ESSF  Sub-groups  on  ‘Implementation’  and  on  ‘Air  Emissions  from  Ships’.  Through  the 
active  engagement  of  Member  State,  the  Committee  has  a  key  role  in  ensuring  a consistent 
and  cost-effective  implementation  and  enforcement  of  the  Directive  across  the  EU,  and  is 
instrumental in preparing for the entry-into-force of the 0,50% sulphur requirement in 2020.  

4.  Support to compliance checking of the sulphur limits for marine fuels 

Prior to 2012, in the absence of precise clauses in the Directive on the yearly number of ship 
inspections  and  fuel  samples  to  be  carried  out  by  Member  States,  their  overall  number  was 
relatively  low  and  largely  differed  between  Member  States.  To  alter  this,  Directive 
2012/33/EU empowered the Commission to adopt implementing acts on ‘sampling methods’ 
for  marine  fuels,  the  definition  of  a  ‘sample  representative’  and  on  the  ‘frequency  of 
sampling’ of marine fuels (Article 13(4) of Directive 2016/802/EU).   

The Commission adopted on 16 February 2015 the Implementing Decision (EU) 2015/25331 
(hereinafter  "the  Implementing  Act")  laying  down  rules  concerning  the  on-board  sampling 
procedure,  control  of  bunker  suppliers  as  well  as  a  binding  number  of  ship  inspections  and 

29 Article  3  of  Regulation  1406/2002/EC  foresees  that  EMSA  carries  out  visits  to  Member  States  to  assist  the 
Commission  in  monitoring  and  verifying  the  proper  implementation  and  application  of  Union  law.  See: 
http://www.emsa.europa.eu/visits-to-member-states/reduction-sulphur-content-of-certain-liquid-fuels.html 
30 Consult the Commission Comitology Register for the ‘Committee for the implementation of the Directive on 
Sulphur content in Marine Fuels’, http://ec.europa.eu/transparency/regcomitology/index.cfm 
31 Commission  Implementing  Decision  (EU)  2015/253  of  16  February  2015  laying  down  the  rules  concerning 
the sampling and reporting under Council Directive 1999/32/EC as regards the sulphur content of marine fuels, 
OJ L 41 of 17.2.2015, p. 55 

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fuel  samples  each  Member  State  has  to  carry  out  annually  to  verify  the  sulphur  content  of 
marine fuels being used by ships operating in the waters falling under their competence.  

After  discussions  with  Member  States  and  the  ESSF,  EMSA  published  in  July  2015  its 
‘Sulphur  Inspection  Guidance’32 which  complements  the  Implementing  Act  in  facilitating  a 
harmonised  approach  to  the  verification  of  sulphur  standards.  The  Guidance  elaborates  for 
instance  on  how  to  effectively  use  the  available  ship  documentation  (e.g.  bunker  delivery 
notes,  the  ship’s  log  books  including  the  Oil  Record  Books  and  Engine  logbooks,  tank 
soundings and fuel oil change-over records, tank plans or piping diagrams) for the purpose of 
compliance checking. EMSA also developed a model training course on enforcement of the 
Directive which has been delivered to over 200 Member States inspectors since 2015.  

4.1  Sampling of marine fuels used on-board ships 

Physical  sampling  of  marine  fuels  being  used  by  ships  for  the  purpose  of  verifying  their 
sulphur  content  should  be  carried  out  either  by  analysing  the  sealed  ‘bunker  sample’  or  the 
‘representative sample’ accompanying the bunker delivery note and available on-board, or by 
obtaining and analysing a ‘fuel spot sample’ drawn from the ship's fuel service system. 

Whereas an IMO procedure for analysing the bunker samples in accordance with Regulation 
18(8.1) and (8.2) of MARPOL Annex VI was already in place, the Implementing Act defined 
a  procedure  for  drawing  an  on-board  fuel  spot  sample  from  the  ship’s  fuel  service  system. 
Prior to the Implementing Act, inspectors across the EU used different locations in the ship’s 
piping  system  for  taking  samples  which  could  affect  the  observed  sulphur  content  of  the 
samples.  To  encourage  the  development  of  an  internationally  harmonised  procedure,  the 
Union procedure for drawing  spot samples was submitted to the IMO which resulted in  the 
‘Guidelines  for  on-board  sampling  and  verification  of  the  sulphur  content  of  fuel  used  on-
board ships’33, largely taking over the procedure defined in the Implementing Act.  

4.2  Other compliance checking technologies 

An  increasing  number  of  Member  States  uses  compliance  checking  technology  other  than 
documentation  checks  and  physical  fuel  sampling  to  obtain  a  quick  indication  of  whether  a 
ship appears compliant with the sulphur standards or whether there is a reasonable doubt that 
triggers targeting the ship for a formal inspection to check sulphur content of the used fuel. 

Different ‘alternative compliance checking technologies’, such as portable sampling devices 
(which can give an almost immediate indication of the sulphur content of the fuels found on-
board), remote sensing technology, and ‘sniffers’ (exhaust gas analysers) that can define the 
sulphur content from measuring the ship’s exhaust gases while they are operating, have been 
installed onto bridges, port entry points, patrol vessels and on small planes and are being used 
or tested by different Member States. The EU also allocated funds to support the development 
and use of these technologies34. In addition, EMSA has recently contracted drones/‘Remotely 

32 ‘EMSA Sulphur Inspection Guidance under Council Directive 1999/32/EC' of July 2015  
33 MEPC.1/Circ.864 of 9 December 2016 
34 See for instance the COMPMON project: https://compmon.eu/ 

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Piloted  Aircraft  Systems’  (RPAS) 35 that  can  assist  Member  State  authorities  in  detecting 
marine pollution (e.g. oil spills) or monitoring air emissions.  

The use of these alternative technologies can reduce the overall cost and time associated with 
compliance  checking  of  the  sulphur  standards  for  Member  States.  The  Committee  has 
exchanged experiences with using these compliance checking technologies, and their findings 
were  shared  with  the  IMO36.  The  Implementing  Act  specifically  recognises  the  potential  of 
innovative compliance verification technologies and encourages Member States to use those.   

4.3  Mandatory frequency of inspections and fuel sampling  

To ensure an equal enforcement burden among Member States and a level-playing-field  for 
EU  ports  and  operators,  Directive  2012/33/EU  empowered  the  Commission  to  define  a 
binding  frequency  of  inspections  and  sampling  of  marine  fuels  (Article  13(4)  of  Directive 
(EU) 2016/802) which was laid down in the Implementing Act.  

This frequency is primarily determined by the annual number of individual ships calling in a 
Member State. Pursuant to Article 3(1) of Implementing Decision (EU) 2015/253, all Member 
States shall carry out inspections of the ship’s documentation on at least 10% of the individual 
ships calling in their ports. Member States have to complement the documentation check by 
sampling and analysing the sulphur content of the fuels of 20 to 40% of the inspected ships 
depending  on  whether  the  Member  State  is  (partly)  bordering  a  SOx-ECA  or  not.    The 
frequency  of  sampling  in  the  SOx-ECA  areas  is  higher  than  that  in  other  European  waters 
given that the price premium for low sulphur marine fuels could incentivise operators to risk a 
potential penalty for not using compliant fuel. It remains the prerogative of national inspectors 
to  select  the  ships  that  will  be  subject  to  an  inspection  and/or  fuel  sampling.  In  accordance 
with the Implementing Act the total number of yearly fuel samples for a Member State can be 
adjusted in case it makes use of alternative compliance checking technology.   

The Commission may consider revising the inspection and sampling frequency in the future 
in  view  of  the  coming  into  force  of  the  0,50%  sulphur  requirement  in  2020,  but  also  to 
introduce  a risk-based Union inspection approach to  target enforcement efforts to  the  most 
likely offenders. The development of a such a mechanism requires substantial information on 
compliance patterns of ship-types, operators, routes and fuel suppliers to be available. 

4.4  Sampling of marine fuels while being delivered to the ship 

Whereas compliance checking of the sulphur content of marine fuels is mainly focused on the 
‘ship-side’,  Directive  2012/33/EU  also  introduced  provisions  to  strengthen  controls  of  fuel 
suppliers,  i.e.  the  ‘land-side’  (Article  6(9)  of  Directive  (EU)  2016/802).  Member  States  are 
now obliged to take action against fuel suppliers that have been found to deliver marine fuel 
that  does  not  comply  with  the  specification  on  the  bunker  delivery  note  and  to  maintain  a 
publicly  available  register  of  suppliers  of  marine  fuels  to  increase  transparency.    Member 
States are also required to control marine fuel suppliers by taking samples of their products 

35 See: http://www.emsa.europa.eu/operational-scenarios.html 
36 IMO PPR 5/13/5 on a proposal for the consistent implementation of regulation 14.3.1 of MARPOL Annex VI 

8 

 
 
 
 
 
 
 
 
 
                                                 
 
upon  delivery  to  a  ship  in  case  of  recurrent  reports  of  alleged  quality  issues  (‘letters  of 
protest’) (Article 4 of Implementing Decision (EU) 2015/253).  

In  2016  the  Commission  launched  a  study37 to  further  assess  the  oversight  and  licensing 
procedures of bunker suppliers in the Member States. The study will also provide indications 
of where controls of marine fuel suppliers may have to be reinforced to ensure the delivery of 
high quality, compliant fuels to ships visiting EU ports38.  

5.  Reporting by Member States and THETIS-EU 

Reporting by Member States in the past had proved to be insufficient to obtain an EU-wide 
overview of compliance with the sulphur standards due to a lack of harmonised provisions on 
the content and the format of the Member States’ reports39. The 2012 revision of the Sulphur 
Directive  therefore  empowered  the  Commission  to  adopt  more  detailed  provisions  on  the 
content and format of the annual reports of Member States.  

To  that  purpose,  Article  7  of  the  Implementing  Decision  (EU)  2015/253  defines  all 
information  concerning  the  enforcement  of  the  sulphur  standards  in  marine  fuels  to  be 
included in the annual reports of Member States. Annual reporting by Member States on their 
actions  to  verify  the  sulphur  content  of  fuels  used  in  combustion  plants  on  land  is  done  in 
accordance with a template that was agreed for voluntary use in the Committee in 2016. 

In view of the taking effect of the low sulphur requirements in the SOx-ECAs on 1 January 
2015, the Commission tasked EMSA to develop a 'Union information system' for recording 
and  exchanging  the  details  and  findings  of  inspections  on-board  ships,  including  from  fuel 
sampling and analysis. EMSA designed ‘THETIS-EU’ which became fully operational on 1 
January 2015.  

THETIS-EU contains all mandatory reporting fields laid down in Article 7 of Implementing 
Decision (EU) 2015/253 and allows for almost real-time monitoring of the compliance record 
of individual ships in all Member States. All Member States use THETIS-EU (on a voluntary 
basis)  and  EU  neighbouring  countries  may  also  be  granted access to  the  system  in  the  near 
future. THETIS-EU has significantly contributed to improving the quality and consistency of 
reporting  on  ships’  compliance  with  the  sulphur  standards  across  the  EU.  Discussions  with 
Member  States  are  on-going  on  how  to  further  enhance  usefulness  and  user-friendliness  of 
THETIS-EU, and how to adapt the system to future enforcement needs under the Directive.  

In accordance with Article 8 of the Implementing Decision (EU) 2015/253 and to reduce the 
administrative  burden  for  Member  States,  THETIS-EU  can  provide  Member  States  a 
summary  of  the  data  inserted  throughout  the  preceding  year  which  can  be  used  to  comply 

37 See contract notice 2016/S 130 – 232460 of 8.7.2016 
38 Marine fuels currently fall outside the scope of the Fuel Quality Directive (Directive 98/70/EC). However, in 
view of the 0.50% maximum sulphur content in 2020 new types of fuels (incl. blends of oil based products) are 
being  developed,  and  it  would  be  useful  to  better  control  also  other  fuel  quality  parameters  besides  sulphur 
content of those new fuels.  
39 See also Recital (18) of Directive 2012/33/EU 

9 

 
 
 
 
 
 
 
 
                                                 
with  their  annual  reporting  obligation  to  the  Commission.  Following  a  decision  of  the 
Committee, an aggregated version of the sulphur inspection data contained in THETIS-EU is 
since June 2017 also publically available on EMSA’s THETIS-EU portal40. 

6.  Level of compliance with the sulphur standards for marine fuels 

Between 1 January 2015 (when the system became operational) and 31 December 2017, over 
28.000 specific inspections41 (around 700 to 900 on average per month) have been recorded in 
THETIS-EU.  Compared  to  the  situation  before  the  Implementing  Act  and  THETIS-EU,  the 
inspection volume increased from inspecting 1 in 1000 ships calling in EU ports to about 1 in 
10 ships. Around 60% of those inspections (about 16.500) were carried out in the Baltic Sea 
and  North  Sea  area,  with  the  rest  in  other  European  sea  areas.  In  the  same  period,  around 
1.350 non-compliances42 have been recorded (around 5% of the total number of inspections). 
Over 80% of those cases were found in the SOx-ECAs and the remaining (mostly related to 
use of non-compliant fuels by ships at berth) in the other European sea areas. 

As indicated in the graph below, the total number of reported annual inspections significantly 
increased from 2015 to 2017 while the annual number of reported non-compliances seemed to 
stabilize and proportionally decreased when compared to the increase of annual inspections.  

The annual binding number of inspections and fuel samples in combination with the binding 
reporting  format  and  the  use  of  THETIS-EU  has  resulted  in  much  more  detailed  and 
comprehensive reporting allowing for a better comparison of efforts between Member States. 
The good rate of compliance demonstrates the industry’s efforts to contribute to reducing air 
pollution from maritime transport while the significant increase of monitoring and enforcing 
the sulphur standards by Member States also has had a significant deterrent effect.  

40 See: https://portal.emsa.europa.eu/web/thetis-eu/home 
41 Status on 30 December 2017 
42 Identified  from  documentation  checks  identifying  incorrect/incomplete  ‘Ships  Log  Books’,  ‘Fuel  Change 
Over’  procedures,  Bunker  Delivery  Notes  and  records  of  the  functioning  of  Emission  Abatement  Methods,  or 
from analysis of fuel samples indicating an exceedance of the maximum allowed sulphur content.   

10 

 
 
 
 
  
 
 
 
                                                 
Despite the generally reinforced enforcement effort, some Member States do not yet comply 
with their binding number of inspections and fuel sampling as laid down in the Implementing 
Act. The Commission is currently analysing Member States’ efforts also knowing that some 
(local inspection) authorities experienced delays in recording the findings of their conducted 
sulphur inspections in THETIS-EU. The Commission will follow-up on Member States that 
are not compliant with the mandatory inspection and fuel sampling frequency as appropriate.   

Reported data also show a need for additional enforcement action by Member States to check 
compliance with some other sulphur standards, notably the 1,50% maximum for fuels used by 
‘passenger  ships  on  regular  services’  (Article  6(5)  of  Directive  (EU)  2016/802),  which  in 
principle may also include cruise ships, outside the SOx-ECAs like in the Mediterranean and 
insofar those vessels are considered to operate on a regular service43, as well as the sulphur 
content  and  overall  quality  of  marine  fuels  while  being  delivered  to  ships  by  fuel  suppliers 
('bunker suppliers') (Article 13(2)(b)(i) of Directive (EU) 2016/802).  

7.  Alternative compliance methods  

Article 8 of Directive (EU) 2016/802 allows the use of 'emission abatement methods' such as 
alternative fuels, special equipment or installations on-board ships as alternatives to using low 
sulphur  marine  fuels  provided  that  their  use  results  in  equivalent  or  even  greater  emission 
reductions and that all relevant conditions set in the Directive are fulfilled.  

Regardless,  as  also  referred  to  in  recital  (34)  of  Directive  (EU)  2016/802,  the  use  of 
alternative methods for complying with the sulphur content limits in Member States' waters 
should not lead to adverse impacts on other areas such as the aquatic environment resulting 
from polluting discharges to the seas or from solid waste streams or a significant increase of 
greenhouse  gas  emissions44.  To  the  extent  possible,  the  Commission  assists  Member  States 
with ensuring compliance with seemingly overlapping obligations in Union legislation45.    

7.1  Exhaust Gas Cleaning Systems 

Exhaust  gas  cleaning  systems  (EGCS),  or  'scrubbers',  cater  for  the  continued  use  of  HFO 
since they remove sulphur particles from the exhaust gas by leading it through a seawater or 
freshwater circuit. In terms of approval and use of exhaust gas cleaning systems, Article 9 and 
Annex II of the Directive (EU) 2016/802 refer to the relevant rules set by the IMO, while for 
ships flying the flag of an EU Member State, the EGCS shall be approved in accordance with 

43 In its judgement of 23 January 2014 following a request for a preliminary ruling from the Tribunale di Genova 
(Italy),  the  European  Court  of  Justice  in  Case  C-537/11  provided  certain  conditions  to  ascertain  that  a  given 
cruise ship is to considered as a passenger ship operating on regular service. 
44 Allowing the use of alternative compliance methods to comply with the obligations set in the Directive does 
not relieve Member States of their obligations set out in other Union legislation such as the Water Framework 
Directive  (Directive  2000/60/EC),  the  Marine  Strategy  Framework  Directive  (Directive  2008/56/EC),  or  the 
Directive on Port Reception Facilities (Directive 2000/59/EC.  
45 The acceptability of the discharge of wash water from exhaust gas cleaning systems is one of those issues. 
See: https://ec.europa.eu/transport/sites/transport/files/acceptability_of_discharges_of_scrubber_wash_water.pdf 

11 

 
 
 
 
 
 
 
 
                                                 
Directive 2014/90/EU on Marine Equipment46. With the technical assistance of the ESSF, the 
EU contributes to steering discussions on the regulatory framework concerning the approval 
and use of exhaust gas cleaning systems in the IMO47.  

Effective  controls  of  overboard  discharges  (e.g.  wash  water,  bleed-off)  from  EGCS  are 
needed  to  minimize  potential  negative  effects  on  the  marine  environment  caused  by 
acidification  (change in pH values) or releases of heavy  metals impeding Member  States to 
achieve  the  objectives  laid  down  in  Union  surface  water  quality  legislation48.  To  further 
reduce  the  negative  impacts  of  EGCS  on  the  marine  environment  and  to  ensure  alignment 
with  MARPOL  Annex  VI,  the  Commission  recently  proposed  to  include  the  residues  and 
bleed-off  water  from  EGCS  as  waste  types  in  its  proposal  for  a  ‘new’  Directive  on  Port 
Reception Facilities for the delivery of waste from ships49.     

7.2  Liquefied Natural Gas (LNG) 

The  use  of  LNG  as  alternative  fuel  has  the  potential  to  not  only  reduce  SOx  emissions,  but 
also  to  significantly  reduce  NOx  emissions  as  well  as  particulate  matter  when  compared  to 
heavy fuel oil. Worldwide there are currently over 200 ships (already operating or on order) 
using LNG  as alternative fuel,  covering  a wide range  of ship sizes  and types. Nevertheless, 
potential methane (CH4) emissions resulting from the use of natural gas in ship engines need 
to be controlled to ensure the overall environmental benefits of using LNG as shipping fuel. 

The ESSF sub-group on 'LNG as Marine Fuel' works on developing uniform rules that would 
ensure the safe and sustainable use of LNG in the EU, but also internationally50.  In February 
2018, EMSA published a Guidance document on safe bunkering of LNG51 for port authorities 
and administrations which is largely based on the work, and experience of the experts in the 
ESSF.  Directive 2014/94/EU on the deployment of alternative fuels infrastructure52 (Annex 
II, point 3.1) foresees further standardisation of LNG refuelling points for sea-going ships and 
inland waterway vessels in European ports to facilitate their operation across the EU. Various 
Member  States  also  announced  further  measures  to  promote  alternative  fuels  for  maritime 
transport in their 'National Policy Framework' adopted under Directive 2014/94/EU53.   

46 OJ L 257, 28.8.2014, p. 146–185 
47 The EU submitted various documents to the IMO concerning EGCS, such as IMO MEPC 71/9/1 on a revision 
of the IMO Guidelines for exhaust gas cleaning systems, IMO 5/11 on globally harmonised sampling procedure 
for discharge water, and IMO 5/11/1 on accidental breakdown, instrument malfunction and perceived temporary 
non-compliance and transient performance of vessels equipped with scrubbers 
48 E.g. Directive 2000/60/EC establishing a framework for Community action in the field of water policy ('Water 
Framework Directive') and Directive 2008/56/EC establishing a framework for community action in the field of 
marine environmental policy ('Marine Strategy Framework Directive')) 
49 COM(2018)33final 
50 See for instance the submissions to the IMO: MSC 94/11/1 on a standard LNG bunker delivery note and IMO 
MSC 94/11/2 on standard connectors 
51 See:  http://www.emsa.europa.eu/news-a-press-centre/external-news/item/3207-guidance-on-lng-bunkering-to-
port-authorities-and-administrations.html  
52 OJ L 307, 28.10.2014, p. 1–20 
53 See also the Commission's summary of the national plans for alternative fuel infrastructure: 
https://ec.europa.eu/transport/sites/transport/files/2017-11-08-mobility-package 
two/summary_of_national_policy_frameworks_on_alternative_fuels.pdf 

12 

 
 
 
 
 
 
 
                                                 
7.3  Electrification  

Due to their vicinity to urban areas, ships at berth can significantly contribute to air pollution 
in  harbour  cities  and  thus  impede  efforts  to  meet  the  Union  air  quality  standards  set  in  the 
Directive 2008/50/EC on Ambient Air Quality54. To further reduce harmful SOx emissions of 
ships at berth, the Directive encourages Member States to let ships use 'shore side electricity' 
or  'onshore  power  supply'  ('OPS')  while  docked.  Connecting  ships  to  OPS  would  also 
contribute  to  reducing  NOx  and  PM  emissions,  and  could  be  promoted  beyond  the  existing 
requirements in Article 4(5) of Directive 2014/94/EU to improve air quality in port cities. 

In  accordance  with  Article  19  of  Directive  2003/96/EC  on  taxation  of  energy  products  and 
electricity 55 ,  Member  States  can  be  authorised  to  apply  a  reduced  rate  of  taxation  on 
electricity  provided  to  ships  at  berth  which  can  encourage  ship  owners  to  invest  in  the 
necessary  on-board  equipment  to  use  electricity  from  the  land  grid  instead  of  from  marine 
fuels. A number of Member States have already made use of this authorisation56. 

7.4  Approval and trials of new emission abatement methods  

To  promote  the  testing  and  development  of  new  emission  abatement  technologies,  the 
Directive allows Member States to approve, and to grant trial periods before approval, of new 
emission abatement methods on ships flying their flag. Article 10 of Directive (EU) 2016/802 
requires  Member  States  to  notify  to  the  Commission  and  any  concerned  port  State  their 
intention to grant such a trial period six months before its start and of its full results after it 
ended.  Whereas  since  18  June  2014  (transposition  deadline  of  Directive  2012/33/EU)  five 
Member  States  have  notified  their  intention  to  grant  trial  permits  to  26  ships  in  accordance 
with  Article  10,  it  regrettably  seems  that  not  all  Member  States  have  notified  their  planned 
trials, and the results thereof, within the applicable timeframes set out in the Directive.  

The  Commission  will  follow-up  as  appropriate  on  Member  States'  compliance  with  the 
requirements concerning trials, including of non-EU flagged vessels operating in their waters, 
to ensure full transparency of the environmental benefits of new emission abatement methods 
and to avoid that certain ships would benefit of illegitimately long trial periods. THETIS-EU 
may also be adapted to cater for the notification of trial permits by Member States. 

8.  Additional support to reducing air pollution from ships 

8.1  Preparing for the enforcement of the global 0,50% sulphur cap  

In  October  2016,  taking  into  account  the  conclusions  of  a  global  availability  assessment  of 
compliant  fuels,  the  IMO  took  the  landmark  decision  to  maintain  2020  as  entry-into-force 
date of the global 0,50% sulphur cap57. The support of the EU and Member States was crucial 

54 OJ L 152 , 11.06.2008, p. 1 – 44  
55 OJ L 283, 31.10.2003, p. 51 
56  E.g.  Germany,  Sweden  and  Denmark  (respective  Council  Implementing  Decisions:  2014/722/EU  of  14 
October 2014, 2014/725/EU of 14 October 2014 and (EU) 2015/993 of 19 June 2015 
57 See: http://www.imo.org/en/mediacentre/pressbriefings/pages/mepc-70-2020sulphur.aspx 

13 

 
 
 
 
 
 
 
 
 
                                                 
in  achieving  this  decision  which  will  contribute  to  reducing  the  adverse  impacts  of  air 
pollution from ships for citizens all around the world. 

Following  from  the  different  Union  support  mechanisms  as  described  in  this  report,  EU 
Member States are well prepared to effectively enforce the 0,50% maximum sulphur content 
as of 2020. However, at international level considerable work needs to be done to prepare for 
global  compliance  with  and  enforcement  of  the  0,50%  sulphur  cap  laid  down  in  MARPOL 
Annex  VI.  Effective  preparation  is  essential  to  safeguard  a  global  level-playing-field  for 
operators  and  to  reduce  air  pollution  from  ships  across  the  world,  notably  in  those  coastal 
regions close to intensive international shipping routes.  

The  Commission  and  EU  Member  States,  with  the  support  of  the  ESSF  sub-group  on  Air 
Emissions  from  Ships,  actively contribute to the  discussions  on  the  preparation  of  the  entry 
into  force  of  the  global  sulphur  cap  in  the  IMO  including  by  sharing  their  extensive 
experience of implementing the  low sulphur requirements  in  the European  SOx-ECAs from 
an Administration as well as from an operator perspective.58  

8.2  External dimension of the Sulphur Directive 

EMSA  provides  capacity  building  activities,  like  dedicated  trainings  on  EU  environmental 
legislation including on air emissions from ships to maritime administrations and inspectors 
of  Candidate,  potential  Candidate  countries  and  countries  falling  under  the  European 
Neighbourhood Instrument with the objective of enhancing enforcement of sulphur standards 
and  approximating  legislation  to  the  Union  acquis  (in  support  of  their  on-going/planned 
accession process59,60). EMSA’s support includes facilitating future access to THETIS-EU. 

On  14  October  2016  the  Ministerial  Council  of  the  Energy  Community61 decided  to  amend 
the  Treaty  by  incorporating  the  Sulphur  Directive  and  the  Implementing  Act 62 .  This 
regulatory alignment will help further reducing SOX emissions in neighbouring regions.  

As  party  to  MARPOL  Annex  VI,  the  Convention  on  the  Protection  of  the  Marine 
Environment of the Baltic Sea Area (the 'Helsinki Convention'), and as a riparian state of the 
Baltic SOx-ECA, the Russian Federation has an important role in checking compliance with 
the  low  sulphur  requirements  by  ships  visiting Russian  ports  in  the  Baltic  Sea  or  flying  the 

58 The  EU  and  its  Member  States  have  sent  specific  submissions  to  the  IMO  (e.g.  MEPC  70/INF.41  and  PPR 
5/13/5) and envisage submitting additional contributions. 
59 A  dedicated  air  pollution  training  for  candidate  and  potential  candidate  countries  took  place  in  May  2014. 
Another 2 day training is foreseen in the first quarter of 2018. See: http://www.emsa.europa.eu/implementation-
tasks/training-a-cooperation/training-for-candidates-a-potential-candidates.html 
60 EMSA  provides  technical  assistance  under  the  ‘TRACECA’  project  to  beneficiary  countries  bordering  the 
Black Sea and Caspian Sea, and to beneficiaries in the Southern Neighbourhood region under the ‘SAFEMED 
IV’ project. Both projects, 4M€ each, are funded by the European Neighbourhood Instrument (ENI).  
See:  http://emsa.europa.eu/implementation-tasks/training-a-cooperation.html 
61 The  Energy  Community  is  an  international  organisation  consisting  of  the  EU  and  Albania,  Bosnia  and 
Herzegovina, Georgia, the former Yugoslav Republic of Macedonia, Kosovo, Moldova, Montenegro, Serbia and 
Ukraine. It aims to extend the EU’s internal energy market to south-eastern Europe and the Black Sea region. 
62 Ministerial Council Decision 2016/15/MC-EnC of 14 October 2016 

14 

 
 
 
 
 
 
 
 
                                                 
Russian  flag.  Such  efforts  are  crucial  to  ensure  a  level-playing-field,  notably  in  the  Baltic 
SOx-ECA and access to THETIS-EU may support those enforcement efforts.       

8.3  Nitrogen Oxides Emission Control Areas in the Baltic Sea and North Sea 

Further to the Commission's 2013 Clean Air Policy Package, and in line with Article 14(2) of 
Directive (EU) 2016/802, the Commission continues to assess progress in reducing emissions 
from  ships,  including  emissions  other  than  SOx,  and  the  potential  for  further  reducing  air 
pollution  from  the  sector.  In  that  context,  it  should  be  noted  that  nitrogen  oxide  (NOx) 
emissions from ships contribute to local air quality problems in the EU (caused by increased 
nitrogen dioxide (NO2) concentrations in ambient air) and to eutrophication of European seas.  

In response to the joint request of the riparian states bordering the Baltic Sea and the North 
Sea,  the  IMO  designated  both  seas  as  ‘Nitrogen  Oxides  Emission  Control  Areas’  (NOx-
ECAs)  in  July  201763.  This  implies  that  an  engine  installed  on  a  ship  constructed  after  1 
January 2021 that  operates  in the Baltic Sea or the North Sea will  have to comply with the 
‘Tier  III’  engine  requirements  laid  down  in  MARPOL  Annex  VI.  Without  these  control 
measures,  NOx  emissions  from  North  Sea  shipping  would  have  contributed  between  7%  to 
24% to the average annual ambient air concentrations of NO2 in the North Sea riparian states 
by 2030, while the application of ‘Tier III’ engine requirements can reduce eutrophication in 
several areas in the Baltic Sea by up to 20-30%64.  

8.4  Further action on reducing air pollution from ships 

Union air quality standards continue to be exceeded in many coastal cities and regions around 
the EU calling for action and measures that reduce emissions of atmospheric pollutants from 
all different contributing sources, including shipping. While as of 2020 all European citizens 
will benefit from a reduction of SOx emissions  from  shipping following the  taking effect of 
the  0,50%  sulphur  standard,  no  immediate  reduction  of  NOx  emissions  from  shipping  is 
foreseen outside the Baltic Sea and North Sea NOx-ECAs even though exceedances of EU air 
quality standards for NO2 frequently occur also in coastal regions in Southern Europe65.  

The Commission launched in 2017 a study to identify the health benefits and associated costs 
of  designating  additional  Emission  Control  Areas  (both  for  SOx  and  NOx  emissions)  in 
European seas other than the Baltic and North Seas. The study will also assess the benefits of 
lowering the sulphur content of marine fuels from 0,50% to 0,10% in European seas outside 
the SOx-ECAs as of 2020. The Commission also tasked EMSA to develop inventories of total 
ship emissions (SOx, NOx and PM) in all European waters based on ship activity data.  

Work on both tasks should be finalized in 2018. It will allow the Commission and Member 
States to better assess the impact of ship emissions on air quality in coastal regions in support 

63 See: http://www.imo.org/en/MediaCentre/MeetingSummaries/MEPC/Pages/MEPC-70th-session.aspx  
64 See also the Commission proposal for a Council Decision of 22 September 2016 on the position to be adopted 
on  behalf  of  the  European  Union  at  the  IMO  during  the  70th  and  71st  session  of  the  Marine  Environment 
Protection  Committee  on  the  approval  and  adoption  of  amendments  to  MARPOL  Annex  VI  concerning  the 
designation and taking effect of the Baltic Sea and North Sea as NECA, COM(2016)617 final  
65 European Environment Agency (EEA), October 2017, ‘Air quality in Europe - 2017 report’ 

15 

 
 
 
 
 
 
 
 
 
                                                 
of defining appropriate policies and measures that could further reduce the contribution from 
shipping  to  air  pollution  in  the  Union.  It  may  also  inform  the  discussions,  under  the 
‘Barcelona  Convention’  to  which  the  Union  is  a  contracting  party,  on  the  feasibility  of  a 
future designation of the Mediterranean Sea, or parts thereof, as a SOx-ECA. 

9.  Conclusions on implementation and compliance, and future actions 

Following the  thorough preparation  and  good collaboration with and among Member States 
and  industry  as  described  in  this  Report,  steady  progress  has  been  made  in  implementing 
Directive  1999/32/EC  since  its  latest  revision  in  2012  (today  codified  as  Directive  (EU) 
2016/802).  As  a  result  of  the  good  rate  of  compliance  with  and  enhanced  enforcement  of  
sulphur  standards,  concentrations  of SO2  in  coastal regions, notably  in  the  SOx-ECAs,  have 
gone down significantly while the overall economic impacts on the sector remained minimal.  

Industry’s and Member States’ experience with preparing for the change to the 0,10% sulphur 
content  in  marine  fuels  on  1  January  2015  in  the  European  SOx-ECAs  and  compliance 
checking  has  provided  valuable  lessons  which  can  be  replicated  in  other  European  regions 
and internationally in view of the entry-into-force of the 0.50% global sulphur cap in 2020.   

In accordance with Article 14(1) of Directive (EU) 2016/802, the Commission evaluated on 
the basis of the enforcement reports received for the years 2015 to 2017 and of other relevant 
developments  as  described  in  this  Report  the  need  to  strengthen  relevant  provisions  of  the 
Directive or any appropriate legislative proposals to that effect. The Commission concluded 
that, to further ensure that the enforcement and compliance rates of the 0,50% limit laid down 
in Article 6(1) of Directive (EU) 2016/802 will be of a similar level as currently in the SOx-
ECAs,  it  will  assess  the  need  of  revising  the  inspection and  sampling  frequency,  enhancing 
THETIS-EU  to  cater  for  the  notification  of  trials  and  use  of  modern  compliance  checking 
technology (e.g. from sniffers and drones) and of increasing control of marine fuel suppliers 
which will facilitate a more advanced risk-based targeting of possible non-compliant vessels. 
To accommodate these possible changes, the Commission will consider, inter alia, amending 
the Commission Implementing Decision and making the use of THETIS-EU mandatory. The 
Commission will also look into the penalties Member States have imposed on non-compliant 
operators and assess whether those have a truly dissuasive effect. Furthermore, together with 
the Member States, and with the support of EMSA, the Commission will continue to actively 
support  the  EU's  neighbouring  countries  with  reducing  SOx  emissions  from  ships  and  the 
preparations by the IMO for the entry-into-effect of the global sulphur cap.   

Further  to  Article  14(2)  of  Directive  (EU)  2016/802,  the  Commission  will  also  continue  to 
consider the potential, including the costs and benefits, for reducing air pollution from ships 
also covering emissions other than SOx.    

These  foreseen  actions  would  enable  all  EU  citizens  to  benefit  from  reduced  air  pollution 
caused  by  ships,  further  improve  the  cost-effectiveness  of  enforcing  the  sulphur  standards 
contained  in  the  Directive,  facilitate  international  dialogue  and  ensure  progress  towards  a 
sustainable  and  competitive  EU  shipping  sector  in  close  collaboration  with  Member  States 
and maritime stakeholders.  

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