Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization’s Marine Environment Protection Committee and Maritime Safety Committee on the adoption of amendments to regulation 14.1 of Annex VI to the International Convention for the Prevention of Pollution from Ships and to the International Code on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011
Date: 2018-09-13
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, cargo vessel, fuel oil, international convention, marine pollution, maritime safety, maritime shipping, pollution from ships, revision of an agreement, tanker

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   EUROPEAN COMMISSION  Brussels, 13.9.2018  COM(2018) 624 final 2018/0325 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization’s Marine Environment Protection Committee and Maritime Safety Committee on the adoption of amendments to regulation 14.1 of Annex VI to the  International Convention for the Prevention of Pollution from Ships  and to the International Code on the Enhanced Programme of Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011   
 
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT-MATTER OF THE PROPOSAL 

This  proposal  concerns  the  decision  establishing  the  position  to  be  taken  on  the  Union’s 
behalf  at  the  73rd  session  of  the  International  Maritime  Organization’s  Marine  Environment 
Protection  Committee  and  at  the  100th  session  of  the  International  Maritime  Organization’s 
Maritime  Safety  Committee  in  connection  with  the  envisaged  adoption  of  amendments  to 
regulation  14  of  MARPOL  Annex  VI  and  to  the  International  Code  on  the  Enhanced 
Programme  of  Inspections  During  Surveys  of  Bulk  Carriers  and  Oil  Tankers,  2011  (ESP 
Code). 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on the International Maritime Organization (IMO) 

The Convention on the International Maritime Organization (IMO) establishes the IMO, the 
purpose of which is to provide a forum for co-operation among Governments in the field of 
governmental  regulation  and  practices  relating  to  technical  matters  of  all  kinds  affecting 
shipping engaged in international trade, and to encourage the general adoption of the highest 
practicable  standards  in  matters  concerning  maritime  safety,  efficiency  of  navigation  and 
prevention and control of marine pollution from ships, promoting a level playing field; and to 
deal with related administrative and legal matters.     

The Convention entered into force on 17 March 1958. 

All Member States are parties to the Convention.  

All Member States are parties to the International Convention for the Prevention of Pollution 
from  Ships  (‘MARPOL’),  1973,  which  entered into  force  on  2  October  1983.  The Union  is 
not a party to MARPOL.  

All  Member  States  are  parties  to  the  International  Convention  for  the  Safety  of  Life  at  Sea 
('SOLAS'),  1974,  which  entered  into  force  on  25  May  1980.  The  Union  is  not  a  party  to 
SOLAS.  

The International Code on the Enhanced Programme of Inspections During Surveys of Bulk 
Carriers  and  Oil  Tankers,  2011  (ESP  Code),  provides  requirements  for  an  enhanced 
programme of inspections during surveys of single-hull and double-hull bulk carriers and of 
single-hull  and  double-hull  oil  tankers,  in  accordance  with  the  provisions  of  SOLAS 
regulation XI-1/2. 

2.2. 

The International Maritime Organization  

The International Maritime Organization (IMO) is the United Nations specialized agency with 
responsibility for the safety and security of shipping and the prevention of marine pollution by 
ships.  It  is  the  global  standard-setting  authority  for  the  safety,  security  and  environmental 
performance  of  international  shipping.  Its  main  role  is  to  create  a  regulatory  framework  for 
the  shipping  industry  that  is  fair  and  effective,  universally  adopted  and  universally 
implemented.  

Membership in the Organization is open to all States and all EU Member States are members 
of  the  IMO.  The  European  Commission  has  held  an  observer  status  in  the  International 
Maritime  Organisation  (IMO)  since  1974  on  the  basis  of  an  Arrangement  for  Co-operation 

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and  Collaboration  between  the  Inter-Governmental  Maritime  Consultative  Organisation 
(IMCO)1 and the Commission of the European Communities on matters of mutual interest to 
the parties. 

The  IMO  Marine  Environment  Protection  Committee  consists  of  all  the IMO  Members  and 
meets  at  least  once  a  year.  It  addresses  environmental  issues  under  the  scope  if  the 
Organization concerned with the control and prevention of ship-source pollution covered by 
the MARPOL treaty, including oil, chemicals carried in bulk, sewage, garbage and emissions 
from  ships,  including  air  pollutants  and  greenhouse  gas  emissions.  Other  matters  covered 
include  ballast  water  management,  anti-fouling  systems,  ship 
recycling,  pollution 
preparedness  and  response,  and  identification  of  special  areas  and  particularly  sensitive  sea 
areas. 

The IMO Marine Environment Protection Committee provides machinery for performing any 
duties assigned to it by the IMO Convention, the IMO Assembly or the IMO Council, or any 
duty within the above scope which may be assigned to it by or under any other international 
instrument  and  accepted  by  the  IMO.  Decisions  of  the  Marine  Environment  Protection 
Committee, and of its subsidiary bodies shall be adopted by a majority of the Members.  

The  IMO  Maritime  Safety  Committee  also  consists  of  all  the  IMO  Members  and  meets  at 
least once a year. It considers any matter within the scope of the Organization concerned with 
aids to navigation, construction and equipment of vessels, manning from a safety standpoint, 
rules  for  the  prevention  of  collisions,  handling  of  dangerous  cargoes,  maritime  safety 
procedures and requirements, hydrographic information, log-books and navigational records, 
marine  casualty  investigation,  salvage  and  rescue,  and  any  other  matters  directly  affecting 
maritime safety.  

The IMO Maritime Safety Committee provides machinery for performing any duties assigned 
to it by the IMO Convention, the IMO Assembly or the IMO Council, or any duty within the 
above scope which may be assigned to it by or under any other international instrument and 
accepted  by  the  IMO.  Decisions  of  the  Maritime  Safety  Committee,  and  of  its  subsidiary 
bodies shall be adopted by a majority of the Members.  

2.3. 
The envisaged act of the IMO Marine Environment Protection Committee 
On  22  –  26  October  2018,  during  its  73rd  session  (MEPC  73),  the  Marine  Environment 
Protection  Committee  is  to  adopt  amendments  to  regulation  14.1  of  MARPOL  Annex  VI 
concerning the prohibition on the carriage of non-compliant fuel oil for combustion purposes 
for propulsion or operation on board a ship. 

In 2008, the IMO adopted a resolution to amend MARPOL Annex VI containing regulations 
for the prevention of air pollution from ships. The revised Annex VI to MARPOL entered into 
force on 1 July 2010 and introduced, inter alia, stricter sulphur limits for marine fuel in SOx 
Emission Control Areas as well as in sea areas outside SOx Emission Control Areas.  

Robust enforcement of the fuel oil standard set out in regulation 14.1.3 of MARPOL Annex 
VI,  which  becomes  effective  on  1  January  2020,  will  be  an  important  element  in  order  to 
facilitate a consistent implementation of the global sulphur limit of 0.50%. The purpose of the 
envisaged amendments to  MARPOL Annex VI is  to  ensure the effective implementation  of 

1 

The name was changed in 1982 to International Maritime Organization (IMO). 

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regulation  14.1.3,  with  a  view  to  significantly  reducing  shipping  emissions  of  SOx  and 
particle matter to the atmosphere. 

2.4. 

The envisaged act of the IMO Maritime Safety Committee 

On  3  –  7  December  2018,  during  its  100th  session  (MSC  100),  the  Maritime  Safety 
Committee is to adopt amendments to the International Code on the Enhanced Programme of 
Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011 (ESP Code).  

The  purpose  of  the  envisaged  amendments  to  the  ESP  Code  is  to  include  editorial  changes 
identifying all mandatory requirements and improving the tables and forms. The amendments 
will  furthermore  merge  the  editorial  changes  with  new  substantial  requirements  in  order  to 
deal with recent updates to the International Association of Classification Societies’ (IACS) 
Unified  Requirements  (UR)  Z10  series.  The  UR  Z10  series  deals  with  hull  surveys  of  oil 
tankers,  bulk  carriers,  chemical  tankers,  double  hull  oil  tankers  and  of  double  skin  bulk 
carriers.  IACS  Unified  Requirements  are  resolutions  adopted  by  IACS  on  matters  directly 
connected to or covered by specific rule requirements and practices of classification societies 
and  the  general  philosophy  on  which  the  rules  and  practices  of  classification  societies  are 
established.  Subject  to  ratification  by  the  governing  body  of  each  IACS  Member  Society, 
Unified  Requirements  shall  be  incorporated  in  the  Rules  and practices  of  the  Member 
Societies,  within  one  year  of  approval  by  the IACS  General  Policy  Group. Unified 
Requirements are minimum requirements.  

3. 

POSITION TO BE ADOPTED ON THE UNION’S BEHALF 

Amendments to regulation 14 of MARPOL Annex VI  

3.1. 
During the 71st session of the Marine Environment Protection Committee (MEPC 71), which 
took  place  in  London  3  –  7  July  2017,  a  new  output  on  "Consistent  implementation  of 
regulation 14.1.3 of MARPOL Annex VI" was approved, for inclusion in the biennial agenda 
for  2018-2019  of  the  Sub-Committee  on  Pollution  Prevention  and  Response  and  in  the 
provisional  agenda  for  the  5th  session  of  the  Sub-Committee  on  Pollution  Prevention  and 
Response (PPR 5), with a target completion year of 2019.  

PPR  5,  which  took  place  in  London  5  –  9  February  2018,  developed  draft  amendments  to 
regulation 14 of MARPOL Annex VI for a prohibition on the carriage of non-compliant fuel 
oil  for  combustion  purposes  for  propulsion  or  operation  on  board  a  ship.  With  minor 
modifications, the 72nd session of the Marine Environment Protection Committee (MEPC 72), 
which took place in London 9 – 13 April 2018, approved the draft amendments to MARPOL 
Annex VI with a view to adoption at MEPC 73.  

The  amendments  to  regulation  14  of  MARPOL  Annex  VI  are  set  out  in  IMO  Document 
MEPC  73/3.  Paragraph  5.43  of  the  MEPC  72  report  (MEPC  72/17)  indicates  that  the 
amendments are foreseen to be adopted at MEPC 73. 

3.2. 

Amendments  to  the  International  Code  on  the  Enhanced  Programme  of 
Inspections During Surveys of Bulk Carriers and Oil Tankers, 2011 (ESP Code) 
The 5th session of the Sub-Committee on Ship Design and Construction (SDC 5), which took 
place in London 22 – 26 January 2018, recalled that the 4th session of the Sub-Committee on 
Ship Design and Construction (SDC 4), which took place in London 13 – 17 February 2017,  
had  authorized  the  International  Association  of  Classification  Societies  (IACS)  and  the 
Secretariat  to  analyse  the  2011  ESP  Code,  with  a  view  to  proposing  editorial  changes  to 
identify all mandatory requirements; improve the format of the tables and forms; and provide 
a report on the progress made for consideration at SDC 5. 

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SDC 5 agreed that all substantive provisions currently contained in footnotes in the 2011 ESP 
Code should be included in the main body of the new consolidated text. SDC 5 furthermore 
agreed to improve the format of tables and forms in the ESP Code. SDC 5 finally also agreed 
to  merge  the  editorial  changes  with  new  substantial  amendments  to  the  2011  ESP  Code, 
proposed by IACS that deal with the recent updates to the IACS Unified Requirements (UR) 
Z10 series. 

SDC 5 endorsed  the  proposal to submit the draft amendments  to the 2011 ESP Code to  the 
99th session of the Maritime Safety Committee (MSC 99), which took place in London 16  – 
25  May  2018,  for  approval,  with  a  view  to  subsequent  adoption  of  the  amendments  at  the 
100th  session  of  the  Maritime  Safety  Committee  (MSC  100)  and  entry  into  force  on  1  July 
2020.  

MSC  99  considered  the  draft  amendments  to  the  2011  ESP  Code  prepared  by  SDC  5  in 
accordance  with  the  procedure  for  undertaking  regular  updates  of  the  Code.  MSC  99 
approved  the  draft  amendments  to  the  2011  ESP  Code,  which  are  set  out  in  a  draft  MSC 
resolution, with a view to adoption at MSC 100. 

The draft MSC resolution on amendments to the 2011 ESP Code is set out in Annex 2 of the 
MSC  99  report  (MSC  99/22/Add.1).  Paragraph  10.20  of  the  MSC  99  report  (MSC  99/22) 
indicates that the amendments are foreseen to be adopted at MSC 100.  

3.3. 

Relevant EU legislation and EU competence 

3.3.1.  Amendments to regulation 14.1 of MARPOL Annex VI 

MARPOL Annex VI requirements, with regard to the reduction of sulphur content of marine 
fuel oils with a view decrease SOx emissions, are implemented in EU law in Directive (EU) 
2016/802  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  relating  to  a 
reduction in the sulphur content of certain liquid fuels. 

3.3.2.  Amendments to the International Code on the Enhanced Programme of Inspections 

During Surveys of Bulk Carriers and Oil Tankers, 2011 (ESP Code) 

Regulation  (EU)  No  530/2012  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 aims 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  of  this 
Regulation, to single-hull oil tankers, and to ban the transport to or from ports of the Member 
States of heavy grade oil in single-hull oil tankers. 

Regulation  (EU)  No  530/2012  makes  the  application  of  the  IMO's  Condition  Assessment 
Scheme (CAS) mandatory to single hull oil tankers above 15 years of age. Article 5 requires 
such  tankers  to  comply  with  the  CAS,  which  is  then  defined  in  Article  6  as  the  Condition 
Assessment  Scheme  adopted  by  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.  The  Enhanced  Programme  of  Inspections  during  surveys  of  Bulk  Carriers 
and  Oil  Tankers  or  Enhanced  Survey  Programme  (ESP)  specifies  how  to  undertake  this 
intensified assessment. As CAS uses ESP as  the tool to  achieve its aim, any changes to the 
ESP  inspections  will  be  directly  and  automatically  applicable  through  Regulation  (EU)  No 
530/2012. Therefore, the amendments due to be adopted at MSC 100, which would introduce 
changes to the ESP Code, would affect EU law, through the application of Regulation (EU) 
No 530/2012. 

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3.3.3.  EU competence 

The amendments to regulation 14.1 of MARPOL Annex VI would affect EU law through the 
application of Directive (EU) 2016/802 of the European Parliament and of the Council of 11 
May 2016 relating to a reduction in the sulphur content of certain liquid fuels. 

The  amendments  to  the  2011  ESP  Code  would  affect  EU  law  through  the  application  of 
Regulation  (EU)  No  530/2012  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.  

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement.2 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’.3 

4.1.2.  Application to the present case 

The IMO Marine Environment Protection Committee and the Maritime Safety Committee are 
bodies  set  up  by  an  agreement,  namely  the  Convention  on  the  International  Maritime 
Organization.  

The acts which the IMO Marine Environment Protection Committee and the Maritime Safety 
Committee  are  called  upon  to  adopt  constitute acts  having  legal  effects.  The  envisaged  acts 
are  capable  of  decisively  influencing  the  content  of  EU  legislation,  namely  Directive  (EU) 
2016/802  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  relating  to  a 
reduction in the sulphur content of certain liquid fuels and Regulation (EU) No 530/2012 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.  

This is because Directive (EU) 2016/802 of the European Parliament and of the Council of 11 
May  2016  relating  to  a  reduction  in  the  sulphur  content  of  certain  liquid  fuels  reflects  the 
sulphur-related  requirements  of  MARPOL  Annex  VI  and  because  Regulation  (EU)  No 
530/2012  makes  the  application  of  the  IMO's  Condition  Assessment  Scheme  (CAS)  a 
requirement and CAS uses the Enhanced Survery Programme (ESP) as the tool to achieve its 
aim.  

Therefore,  the  amendments  to  regulation  14.1  of  MARPOL  Annex  VI    and  to  the 
International  Code  on  the  Enhanced  Programme  of  Inspections  During  Surveys  of  Bulk 

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Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraph 64.  
Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraphs 61-64.  

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Carriers and Oil Tankers, 2011 (ESP Code) would affect EU law through the application of 
Directive  (EU)  2016/802  of  the  European  Parliament  and  of  the  Council  of  11  May  2016 
relating to a reduction in the sulphur content of certain liquid fuels and Regulation (EU) No 
530/2012  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 respectively. 

The envisaged acts do not supplement or amend the institutional framework of the agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the  objective  and  content  of  the  envisaged  act  in  respect  of  which  a  position  is  adopted  on 
behalf of the Union. If the envisaged act pursues two aims or has two components and if one 
of  those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The  main  objective  and  content  of  the  envisaged  act  relate  to  sea  transport.  Therefore,  the 
substantive legal basis of the proposed decision is Article 100(2) TFEU 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 100(2) TFUE, in conjunction with 
Article 218(9) TFEU. 

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2018/0325 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International 
Maritime Organization’s Marine Environment Protection Committee and Maritime 
Safety Committee on the adoption of amendments to regulation 14.1 of Annex VI to the  
International Convention for the Prevention of Pollution from Ships  and to the 
International Code on the Enhanced Programme of Inspections During Surveys of Bulk 
Carriers and Oil Tankers, 2011  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2)  

(3) 

(4) 

(5) 

(6)  

(7) 

The  Convention  on  the  International  Maritime  Organization  (IMO)[Please  see  point 
10.8  of  the  Interinstitutional  Style Guide]  entered  into  force  on  17  March  1958.  The 
IMO  is  a  specialised  agency  of  the  United  Nations  with  responsibility  for  the  safety 
and  security  of  shipping  and  the  prevention  of  marine  and  atmospheric  pollution  by 
ships. 

Pursuant  to  Article  38(a)  of  the  Convention  on  the  IMO,  the  Marine  Environment 
Protection  Committee  performs  such  functions  as  are  or  may  be  conferred  upon  the 
IMO  by  or  under  international  conventions  for  the  prevention  and  control  of  marine 
pollution  from  ships,  particularly  with  respect  to  the  adoption  and  amendment  of 
regulations or other provisions.  

Pursuant  to  Article  28(b)  of  the  Convention  on  the  IMO,  the  Maritime  Safety 
Committee  provides  machinery  for  the  performance  of  any  duties  assigned  to  it  in 
accordance  with  that  Convention,  by  the  IMO  Assembly  or  by  the  IMO  Council,  or 
any  duty  within  the  scope  of  that  Article  which  may  be  assigned  to  the  Maritime 
Safety Committee under any other international instrument and accepted by the IMO. 

The International Convention for the Prevention of Pollution from Ships (‘MARPOL 
Convention’) entered into force on 2 October 1983.  

Pursuant to Article 16(2)(c) of the MARPOL Convention, amendments thereto may be 
adopted  by  the  appropriate  body,  in  this  case  the  Marine  Environment  Protection 
Committee. 
The  Marine  Environment  Protection  Committee,  during  its  73rd  session  on  22  to  26 
October 2018 (‘MEPC 73’) is to adopt amendments to regulation 14 of Annex VI to 
the MARPOL Convention.  
The  Maritime  Safety  Committee,  during  its  100th  session  on  3  to  7  December  2018 
(‘MSC  100’)  is  to  adopt  amendments  to  the  International  Code  on  the  Enhanced 

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(8)  

(9) 

Programme  of  Inspections  During  Surveys  of  Bulk  Carriers  and  Oil  Tankers,  2011 
(‘2011 ESP Code’).  

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  during 
MEPC  73,  as  the  amendments  to  regulation  14  of  Annex  VI  to  the  MARPOL 
Convention will be capable of decisively influencing the content of Union law, namely 
Directive (EU) 2016/802 of the European Parliament and of the Council4.  

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  during 
MSC  100,  as  the  amendments  to  the  2011  ESP  Code  will  be  capable  of  decisively 
influencing  the  content  of  Union  law,  namely  Regulation  (EU)  No  530/2012  of  the 
European Parliament and of the Council5. 

(10)  The  amendments  to  regulation  14  of  Annex  VI  to  the  MARPOL  Convention 
concerning  the  prohibition  on  the  carriage  of  non-compliant  fuel  oil  for  combustion 
purposes for propulsion or operation on board a ship should ensure robust enforcement 
of  the  fuel  oil  standard  set  out  in  regulation  14.1.3  of  Annex  VI  to  the  MARPOL 
Convention, which becomes effective on 1 January 2020.  

(11)  The amendments to the 2011 ESP Code should include editorial changes to the Code,  
identifying all mandatory requirements and improving the tables and forms, as well as 
merge  the  editorial  changes  with  new  substantial  requirements  in  order  to  deal  with 
recent  updates  to  the  International  Association  of  Classification  Societies’  Unified 
Requirements Z10 series. 

(12)  The Union’s position is to  be expressed by the Member States  of the Union  that are 
members  of  the  IMO’s  Marine  Environment  Protection  Committee  and  Maritime 
Safety Committee, acting jointly, in the interest of the Union,  

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union’s  behalf  in  the  73rd  session  of  the  IMO’s  Marine 
Environment  Protection  Committee  shall  be  to  agree  to  the  adoption  of  the  amendments  to 
regulation 14.1 of Annex VI to the International Convention for the Prevention of Pollution 
from Ships laid down in IMO Document MEPC 73/3. 

Article 2 

The position to  be taken on the Union’s behalf in  the 100th session  of the  IMO’s Maritime 
Safety  Committee  shall  be  to  agree  to  the  adoption  of  the  amendments  to  the  International 
Code  on  the  Enhanced  Programme  of  Inspections  During  Surveys  of  Bulk  Carriers  and  Oil 
Tankers, 2011 laid down in Annex 2 to IMO document MSC 99/22/Add.1.  

1. The position referred to in Article 1 shall be expressed by the Member States of the Union 
that are members of the IMO’s Marine Environment Protection Committee, acting jointly. 

Article 3 

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Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a 
reduction in the sulphur content of certain liquid fuels (OJ L 132, 21.5.2016, p. 58). 
Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the 
accelerated  phasing-in  of  double-hull  or  equivalent  design  requirements  for  single-hull  oil  tankers 
(OJ L 172, 30.6.2012, p. 3). 

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2. The position referrred to in Article 2 shall be expressed by the Member States of the Union 
that are members of the IMO’s Maritime Safety Committee, acting jointly.  

3. Minor changes to the positions referred to in Articles 1 and 2 shall be agreed upon without 
further decision of the Council.  

This Decision is addressed to the Member States. 

Article 4 

Done at Brussels, 

For the Council 
The President 

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10 

  EN