CELEX: 51993PC0468
Language: en
Date: 1993-12-08
Title: Proposal for a COUNCIL REGULATION (EC) on the implementation of IMO Resolution A.747(18), on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                     COM(93)468 final - SYN 481
                                       Brussels,  8 December   1993
                         Proposal for a
                    COUNCIL REGULATION (EC)
                  . on the implementation of IMO
        Résolution A.747(18), on the application of tonnage
        measurement of ballast spaces in segregated ballast oil
        tankers.
                 (presented by the Commission)
 ---pagebreak---                         EXPLANATORY MEMORANDUM
GENERAL INTRODUCTION
1.       In the Communication, "A Common Policy on Safe Seas" l , adopted by the Commis-
sion on 24th February 1993, the Commission draws attention to the problem of imposing port
dues on the tonnage of segregated ballast tanks in oil tankers.
2.      The Communication emphasises that, despite the adoption in 1991 of Resolution
A.722(17) 2 - "Application of tonnage measurement of ballast spaces in segregated ballast oil
tankers" - by the Assembly of the International Maritime Organization (IMO), port dues and
other charges are 15-20% higher for segregated ballast oil tankers (SBTs) than for conven-
tional oil tankers when comparing volumes of cargo oil transported, due to the lack of imple-
mentation of the resolution
3.        For the safe operation of an unloaded oil tanker, the vessel should be ballasted with
water ballast. Conventional oil tankers carry this water ballast in some cargo tanks formerly
used for oil. The ballast water is then contaminated with some 5% of residual oil. During
the voyage, the contaminated ballast water is changed after a tankwashing operation and
replaced by clean water from the open seas. After settling, the contaminated water is pumped
overboard and thereby pollutes the marine environment.
         Oil tankers of a modern design are, however, equipped with tanks which are
exclusively used as water ballast tanks. The changing of ballast water does not therefore
contaminate the marine environment.
4.       The MARPOL 73/78 Convention 3 addresses the problem of changing ballast water
in requiring that every new oil tanker as defined in the Convention, above a certain dead-
weight, should be provided with tanks where oil-free ballast water is contained. These oil
       1
             COM(93)66 final, para. 29 - 33 of PART II.
       2
           Resolution A.722(17), adopted 6 November 1991, now superseded by Resolution
 A.747(18), of 4 November 1993
       3
           International Convention for the Prevention of Pollution from Ships, 1973, and the
 Protocol of 1978 related thereto.
 ---pagebreak--- weight, should be provided with tanks where oil-free ballast water is contained. These oil
tankers are known as SBTs 4.
It is estimated that, at present, the percentage of SBTs to conventional tankers of the world
oil tanker fleet is 35 to 65.
5.        A SBT therefore differs from a conventional oil tanker in that it has ballast tanks and
pipes which are completely separate from the cargo system and which are not used for the
transport of cargo. These separate or segregated ballast tanks are therefore permanently used
for the carriage and pumping of ballast water. The fact that the ballast water discharged from
a SBT is free of any oil has obvious environmental benefit.
6.       As part of the capacity of an oil tanker which complies with the requirements of a
SBT is permanently reserved for water ballast purposes, such a tanker has a reduced cargo
carrying capacity. Therefore, for a SBT to have the same cargo carrying capacity as a
conventional oil tanker, it must have a gross tonnage (GT) 5 which is 15-20% greater than
that of a conventional oil tanker.
7.        A problem arises as port dues and other charges are often based upon the GT of the
vessel. Since a SBT has a GT which is some 15-20% greater than that of a conventional oil
tanker, a SBT has to pay port dues and other charges which are 15-20% higher than for a
conventional oil tanker. The net effect is that a SBT, while benefitting the environment, is
subject to punitively and unjustifiably higher port dues and charges.
8.        This discrimination, when imposing levies under present tariff systems, urgently calls
for the unified application of tonnage measurement of segregated ballast spaces in oil tankers
as a basis for port fees and other charges, so as to convince owners to invest in
environmentally friendly oil tankers which could benefit from a financial incentive scheme
to be established on the basis of international agreements.
In order to provide for such a scheme, as a complementary rule to the International
Convention on Tonnage Measurement of Ships, 1969, the Assembly of the International
Maritime Organization (IMO) adopted Resolution A.388(X) on 14th November 1977, which
was subsequently modified by the adoption of Resolution A.722(17) on 6th November 1991
and finally by the adoption of Resolution A.747(18) of 4th November 1993 which supersedes
Resolution A.722(17). These IMO Resolutions are recommendations only. The resolutions
invite Governments to advise their port, harbour and pilotage authorities, when assessing
fees, to deduct the tonnage of the segregated ballast tanks from the GT as calculated in
accordance with the formula given in the annex of the resolution and as stated on the Interna-
tional Tonnage Certificate (1969).
In addition to the recommendation of the IMO, the International Association of Ports and
 Harbours (IAPH) passed a resolution supporting IMO Resolution A.722(17) at its biennial
 meeting in 1991. Subsequently, at its 18th Conference in 1993, the IAPH adopted Resolution
 No.2 which, in pursuit of the goal of sustainable economic and operational development of
        4
             Regulation 13 of Annex I of MARPOL 73/78.
        5
           According to the International Convention on Tonnage Measurement of Ships, 1969.
                                                2
 ---pagebreak--- ports, states that incentives should be considered which "might include adoption of a scheme
in which environmentally friendly equipped and operated ships are encouraged in the
structure of port tariffs and fees".
9.      However, State authorities and other public and private persons in many countries,
including Member States, continue to impose dues and charges on SBTs under present tariff
systems, in a manner which does not comply with IMO Resolutions A.388(X), A.722(17)
and A.747(18). SBT owners thus continue to be financially punished and operators and
contractors are encouraged not to use these environmentally friendly vessels as they are put
at a commercial disadvantage. The financial effect varies from approximately 15 to 20%,
depending on the age of the vessels.
It has been calculated that extra port and harbour fees for a SBT super tanker vary between
$40,000 and $240,000 per port visit. This implies that for certain ships, on certain trades,
the annual difference in fees can for a SBT amount to up to a million dollars, when the IMO
resolution is not implemented.
10.     It is not the purpose of this Regulation to harmonize the tariff structure of authorities
which charge users for the services provided. Neither shall, through this Regulation, the
International Convention on Tonnage Measurement of Ships, 1969 become mandatory under
Community law, as all Member States have ratified and implemented this Convention.
JUSTIFICATION FOR A COUNCIL REGULATION
11.     a) What are the objectives of the envisaged action in relation to the obligations of the
        Community?
        The objectives of this Regulation are:
                to encourage, to design, provide and use segregated ballast tanks in oil
                tankers;
                to promote the use of SBTs which are environmentally friendly oil tankers in
                the Community, through the implementation of existing international recom-
                mendations for deducting the tonnage of the segregated ballast tanks of certain
                oil tankers for levies when visiting Community ports, in order to protection
                of the marine environment.
        The Extraordinary Council on Environment and Transport, at its meeting of 25
        January 1993, urged the Community and Member States to establish a strict and
        convergent implementation for the whole Community of international rules. In the list
        of priority actions discussed on the 7 and 8 of June 1993, the Council also urged the
        Community and Member States "to implement IMO Resolution A.722(17) on the
        application of tonnage measurement of ballast spaces in segregated ballast oil
        tankers". The Communication "A Common Policy on Safe Seas", approved by the'
        Commission on 24 February 1993 and accepted by the Transport Council on 8 June
        1993 the objectives of which were fully supported by the Commission, stresses the
 ---pagebreak--- need for the mandatory application of IMO Resolution A.722(17) (now superseded
by Resolution 747(18) of 4 November 1993) which embodies the principles of which
have been subscribed by all Member States, in all Community ports, to meet the
objective of cleaner seas.
This implies that through the application of this internationally agreed recommen-
dation a financial incentive will be developed by the ports, harbours and other persons
in the Community for owners and operators to use and invest in environmentally
friendly oil tankers.
b) Is the envisaged action solely the responsibility of the Community or a responsibil-
ity shared with the Member States?
It is a responsibility shared between the Community and the Member States. The
Member States are responsible for working out and agreeing on the calculation
methodology of the tonnage of ships in the framework of the IMO. The Community
then has exclusive responsibility under Article 84(2) of the Treaty to ensure its
uniform application by public and private persons. The market is best served through
a unified implementation of the IMO recommendation. The Community's action
establishes the legislative base -the mandatory application of an international recom-
mendation - whilst the public and private persons have to take the appropriate
measures to ensure the enforcement of the rule.
The envisaged action stems from the fact that the individual harbour authorities in the
Member States have been very reluctant to introduce the relevant IMO Resolutions
individually and are unlikely to do so in the future, since individual harbours would
be put at a competitive disadvantage if they were the only authorities enacting the
Resolution.
Thus Community action is needed in order to help Member States enforce the IMO
Resolution, because they will not be able to do so without Community support even
though they subscribed to the underlying principles. The Regulation provides a
mechanism that, in order to compensate possible reduction in income, port, harbour
and other authorities are free to impose surcharges on other vessels.
c) What is the Community dimension of the problem?
Eleven Member States are concerned as port States for sea-going vessels. Oil trans-
port to the Community making use of the waters surrounding the Community,
represents approximately 25 % of the transport of oil worldwide. Oil transport in
Community waters will even show higher figures due to transiting ships. It is an
immense amount of trade of a source of energy vital to the Community which must
be assured. However, it can not be allowed at an unacceptable level of risk to the
environment. Therefore, measures must be taken to ensure that this cargo is carried
on ships which are environmentally friendly. Where ships meet these requirements -
 as SBT vessels do - they should not be economically penalised.
The Community dimension is also determined by the environmental aspects connected
to this issue. In environmental policy making, the policy level at which action should
be taken depends on the geographical scope of the environmental problem. Spacial
 ---pagebreak--- congruence suggests that EC-wide or global pollution, such as the one dealt with in
this Regulation, should be tackled at the EC level if efficient and cost-effective
solutions are to be reached. Member States acting in isolation cannot solve the
problem at hand if it has cross-border European and indeed international
dimensions.
d) What is the most efficient solution taking into account the resources of the
Community and the Member States?
The most efficient solution is at Community level, as amply described in the
preceding paragraphs.
e) What is the concrete added value of the action envisaged by the Community and
what would be the cost of inaction?
The concrete added value of this Regulation is that it will unambiguously force all
port, harbour and other authorities in the Community, without interference in the
Member States' legal system, to do what they have failed to do so far, despite the
existence of an international recommendation:
        to implement and enforce international provisions in a non-divergent way at
        port and harbour level all over the Community and to eliminate punitively and
        unjustifiably high port and harbour levies and other dues for SBTs;
        to help prevent pollution of the marine environment through attracting SBTs
        to the Community instead of the earlier generation of tanker without segre-
        gated ballast tanks. It is estimated that about 60% of all oil tankers sailing
       between ports in the Mediterranean are of the non-SBT type;
        to avoid distortion of competition between ports in the Community applying
        or not applying the internationally recommended financial incentive scheme
        for oil tankers when establishing and imposing port and harbour dues. This
       point deserves some more explanation.
                i)      Ports which are not applying the reduction scheme have more
                income from port levies based on the same amount of handled tons of
                oil than ports which follow the scheme;
                ii)     Ports which do apply the reduction scheme have to attract more
                tons of oil from other ports, to be handled in their ports, to receive the
                same amount of income per ton oil handled, than ports which are not
                applying the scheme;
                in)     Owners or operators of oil tankers operating in a fixed trade
                are not free to transfer their transport (loading and unloading) fronr
                one port to another to benefit from the reduction in levies in a port
                which is applying the incentive scheme;
 ---pagebreak---                         iv)     It is more beneficial for an owner or operator of a conventional
                        oil tanker to transport to and from a port where the scheme is not
                        implemented as the levies per ton of oil transported are lower than for
                        a SBT of the same tonnage (GT), despite the fact that the conventional
                        oil tanker is a greater threat to the environment than a SBT.
        From the above, it can be seen that distortion of competition between Community
        ports will develop when not all ports are implementing the internationally agreed
        financial incentive scheme at the same time. The purpose of this Regulation is to
        implement this scheme in the Community at the same time, so preventing a distortion
        of competition, as explained above between Community ports, which would be to the
        detriment of the marine environment, as owners and operators of environmentally
        friendly oil tankers are not attracted to trade in the waters around the Community if
        the financial incentive scheme is dubiously applied in the Community.
        On the other hand, distortions of competition theoretically could occur when
        Community ports and non-Community ports supply the same market. Because this
        situation is difficult to ascertain without hindsight. When such a situation occurs,
        judgement will be executed in the future after implementation of the financial scheme
        for the use of SBTs in 'the Community.
        f) What forms of action are available to the Community?
        The optimum action of the Community is for the Council to adopt a Regulation
        imposing on public and private persons in the Community the full application of the
        international recommendation as adopted by the Assembly of the IMO to the effect
        that this is done in the most effective and pragmatic way. In this way no distortion
        of competition is introduced between Community ports in attracting SBTs to the Com-
        munity. The environment will be served through the possible development of
        operators and owners transporting oil to the Community using more SBTs than before
        and conventional oil tankers will be forced out indirectly.
        g) Is uniform legislation necessary or does a Directive setting the general objectives
        and leaving the execution to the Member States suffice?
        To harmonize national requirements on this issue and to avoid distortion of
        competition between ports in the Community, the unified implementation through a
        Directive of the IMO recommendation does not serve the objective - to promote the
        use of SBTs and to protect the marine environment - better than a framework Direc-
        tive or a Regulation. A Regulation will serve the objective best. A further explanation
        is given in paragraph 14.
12.      The facts outlined above show the urgent need to ensure that there is an unified
application in the Community of IMO Resolution A.747(18) on the Application of Tonnage
Measurement of Segregated Ballast Tanks in Oil Tankers, when imposing port and harbour
levies on tankers, so as to reduce the amount of pollution of the marine environment. This
implies a measure to ensure that the total tonnage of the tanks exclusively used for the car-
riage of segregated water ballast is taken into account as a reduction in the tonnage of the
 ---pagebreak--- vessel used as a basis for imposing levies.
13.      Action at international level has so far not achieved this objective, since, with only
few exceptions, the agreed IMO resolution has not been implemented. Also, an effective
answer to the situation outlined above cannot be found at national level. The Community, on
the contrary, can provide a solution through binding provisions designed to enforce compli-
ance with an IMO resolution i.e. in this case to ensure that SBTs are not penalised by having
to pay higher dues than conventional oil tankers. By this approach Member States are freed
from problems described in the previous paragraphs.
14.      In accordance with the proportionality principle, the Regulation proposed by the
Commission shall establish at Community level: i) the obligation to follow a well-defined
approach which is internationally accepted and supported by all Member States, ii) leaving
to port, harbour, and other authorities the task of implementing the measures, iii) leaving to
these authorities the freedom to adjust their fees as they see fit, provided that they fully
respect the provisions of the Regulation regarding tonnage measurement as a basis for fees
and do not discriminate against SBTs and iv) not to prevent authorities from rearranging their
levy system in such a way as to avoid a reduction of their income, if they so wish.
15.      It must be borne in mind that, at present, the tonnage measurement of vessels is not
unified globally. The tonnage of an oil tanker may have been measured by various rules, be
they the Greek rules, the rules of the Oslo Convention 1947, or the International Convention
on Tonnage Measurement of Ships, 1969 (London 1969 Rules). Many States are in the
process of re-establishing the tonnage of the vessels, entitled to fly their flag, according to
the rules of the latter Convention, within the transitional period as foreseen. In order to
avoid ambiguity, the basis for measuring the tonnage of the segregated ballast spaces is
restricted to the latter rules only.
16.      It is the task of Member States to see to the correct implementation of this Regulation
by the port, harbour, and other authorities in the Community. This task shall be undertaken
up by them and they shall report to the Commission on a regular basis on the implementation
of the Regulation and its effects.
CONTENT OF THE COUNCIL REGULATION
17.     The objective of this Regulation is to promote the use of SBTs in the Community and
to enhance the protection of the marine environment by making IMO Resolution A.747(18)
mandatory in the Community.
18.      This Regulation also represents an essential step towards improving compliance with
international provisions presently existing in the shipping sector. Problems in enforcing such
international provisions have led to varying levels of their application in general. Specifically,
internationally agreed financial incentive schemes for the building and operating of environ-
mentally friendly oil tankers through reductions in port levies and other charges for oil
tankers of a specific design have not been followed up.
 ---pagebreak--- 19.     The aim of this Regulation is to bring about a unified application of the appropriate
international provisions in this respect. This is to be achieved by ensuring:
               firstly, that SBTs are unambiguously identified only as those defined in the
               MARPOL 73/78 Convention;
               secondly, that a ship which complies with this definition is then to be certified
               as a SBT and this is to be stated on its International Oil Pollution Prevention
               Certificate;
               thirdly, that the tonnage of the ship is measured in accordance with the rules
               of the International Convention on Tonnage Measurement of Ships, 1969, that
               the tonnage of the segregated ballast tanks is to be calculated in accordance
               with the prescribed formula set out in paragraph 4 of the annex of the
               Regulation and that the figure of this tonnage, together with the declaration
               as set out in paragraph 3 of the annex of the Regulation, is to be inserted, by
               the issuing body of the tonnage certificate, on the International Tonnage
               Certificate (1969) of the vessel under the heading "Remarks";
               fourthly, when collecting its dues and charges the organisation which
               establishes levies for oil tankers has to deduct, from the GT of the vessel, the
               tonnage of the segregated ballast tanks of a SBT, as indicated under the
               heading "Remarks" on the International Tonnage Certificate (1969) of the
               vessel.
 ---pagebreak--- SPECIAL CONSIDERATIONS
Article 1
The purpose of this Regulation is to encourage the use of environmentally friendly oil tankers
through the harmonised implementation of IMO Resolution A.747(18)1.
Article 2
This article establishes the applicability of the Regulation. The Regulation applies to
segregated ballast oil tankers as defined in MARPOL 73/782, meeting the requirements of
both MARPOL 73/78 and the International Convention on Tonnage Measurement of Ships,
1969, and holding a valid International Tonnage Certificate (1969).
Article 3
This article addresses the Administration of the Member States and other bodies which are
recognised by the Member States to issue international certificates for ships, entitled to fly
their flag, on their behalf.
Paragraph 1. An oil tanker which would benefit from the measures of the Regulation has
to be designed, built, and operated in accordance with the requirements of MARPOL 73/78.
In order to prove this compliance, the oil tanker has to be certified as being a segregated
ballast oil tanker (SBT) provided with segregated ballast tanks.
Paragraph 2. Any oil tanker benefitting from this scheme has to carry on board a valid
International Tonnage Certificate (1969) to prove that the vessel is measured in accordance
with the rules of the International Convention on Tonnage Measurement of Ships, (1969).
Furthermore, to diminish the administrative burden for the public and private authorities
when they impose their levies for a SBT, a declaration must be present on the supplement
of the International Oil Pollution Prevention Certificate to show that the segregated ballast
tanks are in compliance with the requirements of the MARPOL 73/78. In addition, the figure
of the tonnage of the segregated ballast tanks of the oil tanker should be stated in a particular
box of the International Tonnage Certificate (1969) which has been issued for the individual
oil tanker.
The tonnage of the segregated ballast tanks has to be measured in accordance with the
requirements of the International Convention on Tonnage Measurement of Ships, (1969), and
       1
           Superseding Resolution A.722(17) of the IMO, adopted on 6 November 1991.
       2
         International Convention for the Prevention of Pollution from Ships, 1973, and the
Protocol of 1978 related thereto.
                                               1
 ---pagebreak--- shall be established according to the rules and procedure as given in the annex of this Regula-
tion, which is a full copy of the annex of the IMO Resolution A. 747(18). This approach is
to be taken for tht sole purpose of the harmonization of the implementation of the financial
incentive scheme in the Community, implicitly called for in the IMO Resolution, to promote
the use of SBTs, through the reduction of levies for environmentally friendly tankers.
The reason that the tonnage measurement of vessels covered by the Regulation must be calcu-
lated in accordance with the International Convention on Tonnage Measurement of Ships,
(1969) only, is that, at present, several different methods of tonnage measurement can be
used and are in use based on rules preceding this convention, and that flag States are in the
process of re-assessing the tonnage of ships entitled to fly their flags during the
internationally agreed transition period.
Article 4
This article is addressed to the public and private authorities in the Member States.
The article affirms that public and private authorities have to implement the financial
incentive scheme, as implicitly called for in the IMO Resolution, for environmentally friendly
tankers only if those vessels can be- identified as such by way of their international
certificates. This is so when the vessel complies fully with the requirements of Article 3 and
is operated as a SBT. Only in such a case the tonnage of the segregated ballast tanks of an
individual oil tanker must be excluded from levies.
Article 5
This article provides that the annex of the Regulation may be amended by the Commission
following the commitology procedure in order to adapt it to possible evolutions of the
relevant international Conventions and Resolutions.
Article 6
This article describes the procedure which must be applied when the Commission is required
to take a decision on matters.
Article 7
The Regulation is addressed directly to private and public persons and has not to be
implemented in national law, if the legal system of Member States is not requiring to
implementation. However, each Member State has to comply in order to control the
implementation of the Regulation and to assist Member States in this control. Furthermore,
Member States are obliged to bring into force legislation through which breaches of the.
application of the Regulation can be penalized.
                                               >f»
 ---pagebreak--- Article 8
This Regulation shall enter into force on 1 January 1995. This date has been chosen to give
authorities in the Community sufficient time to re-establish their financial system for charges
for services to shipping, so that no reduction in income occurs through the implementation
of the financial incentive scheme for environmentally friendly oil tankers.
                                      W
 ---pagebreak---                              proposal for a Council Regulation                 SYN 481
                                           . on the implementation of IMO
                Resolution A.747(18), on the application of tonnage
                measurement of ballast spaces in segregated ballast oil
                tankers.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 84 (2) thereof,
Having regard to the proposal from the Commission \
In cooperation with the European Parliament3,
Having regard to the opinion of the Economic and Social Committee s7
Whereas operational and accidental pollution by sea-going oil tankers is still
occurring and the transport of oil by tankers of fhe conventional oil tank
design poses a continuous threat to the marine environment;
Whereas internationally agreed rules for the design and operation of environ-
mentally friendly oil tankers were established under auspices of the Interna-
tional Maritime Organization (IMO);
Whereas international conventions contain requirements for the certification
of oil tankers; whereas the measurements of the tonnage of segregated ballast
tanks in oil tankers has been further worked out by the IMO;
Whereas all but one of the Member States have ratified and implemented the
International Convention for fhe Prevention of Pollution from Ships, 1973 and
the Protocol of 1978 related thereto (MA&POL 73/78); whereas all Member
States have ratified and implemented the International Convention on Tonnage
Measurement of Ships, 1969;
                                       It
 ---pagebreak--- Whereas, in conformity with the recommendation of the Assembly of the IMO
of 4 November 1993 4, there is a desire to encourage the design of environ-
mentally friendly tankers and the use of segregated ballast tanks in oil tankers;
Whereas the Council recognised the need for intensified action as appropriate
at Community or national level to ensure an adequate response to the require-
ments of maritime safety and the prevention of marine pollution; whereas it
is desirable to promote the use of tankers fulfilling the requirements of regula-
tion 13F of Annex I of MARPOL 73/78 as amended on 6 March 1992, as
well as segregated ballast oil tankers;
Whereas it is inappropriate to penalize ship owners and operators for using oil
tankers which are environmentally friendly in design and operation;
Whereas the charging of dues on the volume of the segregated ballast tanks
of oil tankers is an operational disadvantage for those who have taken an
important step towards a cleaner environment;
Whereas, for economic reasons, individual harbour authorities are reluctant
to be put in a competitive disadvantage if they were the only ones enacting the
IMO Resolution;
Whereas IMO Resolution A.722(17) has been agreed upon but failed to be
implemented by Member States;
Whereas, in environmental policy making; the policy level at which action
should be taken depends on the geographical scope of the environmental
problem. In this case, spatial congruence suggests that EC-wide or global
pollution should be tackled at Community level if efficient and cost-effective
solutions are to be reached. Member States acting in isolation cannot solve
the problem at hand, as it has a cross-border international dimension;
Whereas for the purpose of the protection of the marine environment from
pollution from oil tankers of a conventional design, the marine environment,
the Community and its Member States and the industry are best served
through an unified implementation in the Community of internationally agreed
rules addressing all persons who charge levies on oil tankers, inter alia, ports
and harbours and pilotage organisations in the Community;
Whereas in accordance with the principle of subsidiarity, the agreement in the
IMO on the calculation of the tonnage of ballast spaces in segregated oil
tankers laid down in IMO Resolution A. 747(18) adopted on 4 November
 1993, has been concluded in presence of Member States;
     4
        Resolution A.747(18) of 4 November 1993, which revokes Resolution
A.722(17) adopted on 6 November 1991.
                                     43
 ---pagebreak---  Whereas in accordance with spatial congruence to take measures for the
 Community as a whole, to avoid distortion of competition in shipping within
 the Community and to reach efficient and cost-effective solutions, a concerted
 action, not infringing the subsidiarity principle, is most appropriate through
 a Regulation, thus implementing the agreed rules in the Community;
-Whereas the flag State or other bodies issuing the International Oil Pollution
 Prevention Certificate and the International Tonnage Certificate (1969), as
 well as the ship owners and persons who charge levies on oil tankers must
 work together to enhance the protection of the marine environment through the
 deduction from their levies the tonnage of the segregated ballast spaces of oil
 tankers, according to the relevant recommendation of the Assembly of the
 IMO, through the principles laid down in the annex to this Regulation;
 Whereas the operation of environmentally friendly oil tankers benefits both the
 coastal States and the industry, which is promoted through this Regulation;
 Whereas it is neither the purpose of this Regulation to unify laws and regula-
 tions of Member States based on the above mentioned Conventions, nor to
 harmonize the system of charging levies on users of ports and harbour
 services;
 Whereas persons applying the IMO recommended scheme should not be in a
 financial disadvantaged situation compared with those which do not apply it;
 HAS ADOPTED THIS REGULATION:
                                    Article 1
         The purpose of the Regulation is to enforce within the Community
 Resolution A.747(18) 5 annexed to this Regulation, of the International
 Maritime Organization (IMO), adopted on 4th November 1993, in order to
 encourage the use of oil tankers with segregated ballast tanks.
      5
        Superseding Resolution A.722(17) of the IMO, adopted on 6 November
  1991.
                                        m
 ---pagebreak---                                    Article 2
1.      This Regulation shall apply to oil tankers which can bear in specially
appointed cargo tanks segregated ballast as defined in regulation 1(17) of
Annex I of MARPOL 73/786; which are designed, built, equipped and
operated as segregated ballast oil tankers; which meet the requirements of the
International Convention on Tonnage Measurement of Ships 1969; and which
hold the International Tonnage Certificate;" (1969).
                                   Article 3
1.      For the purpose of this Regulation, an oil tanker, which is a tanker
designed, built, equipped and operated and complies fully with all the relevant
requirements of MARPOL 73/78, is to be certified by the government of the
flag State or by other bodies entitled to do so on its behalf as an oil tanker
provided with segregated ballast tanks. This compliance has to be stated
clearly by such authority in the appropriate paragraph of the supplement to the
International Oil Pollution Prevention Certificate.
2.      The competent body when issuing the International Tonnage Certificate
(1969) for a segregated ballast tanker which has been measured following the
rules of the International Convention on Tonnage Measurement of Ships,
1969, for the purpose of this Regulation, shall insert, under the heading,
"Remarks", a statement according to paragraph 3 of the annex to this
Regulation, specifying the tonnage of the segregated ballast tanks of the ship
which shall be calculated in accordance with the method and the procedure set
out in paragraph 4 of the annex to this Regulation.
                                    Article 4
        When determining tariffs for oil tankers, public or private persons shall
exclude the tonnage of the segregated ballast tanks of an oil tanker which
complies with the requirements of Article 3, as indicated under the heading
 "Remark" of the International Tonnage Certificate (1969).
     6
       International Convention for the Prevention of Pollution from Ships,
 1973, and the Protocol of 1978 related thereto.
                                        •s
 ---pagebreak---                                     Article 5
        The Commission, in accordance with the procedure laid down in
Article 6, may amend the annex of this Regulation in order to take into
account amendments to Resolution A.747(18) of the IMO and to the relevant
international Conventions and new international Conventions.
                                     Article 6
1.     The Commission shall be assisted by a committee of an advisory nature
composed of       representatives of Member States and chaired by the
representative of the Commission. This Committee shall be called by the
Commission once a year or whenever it is necessary for the application of this
Regulation.
2.     The Committee shall draw up its rules of procedure.
3.     The following procedure shall apply for matters covered by Article 5.
        (a)    the representative of the Commission shall submit to the
               committee a draft of the measures to be taken. The committee
               shall deliver its opinion on the draft, within a time limit which
               the chairman may lay down according to the urgency of the
               matter, if necessary by taking a vote;
        (b)    the opinion shall be recorded in the minutes; in addition, each
               Member State shall have the right to ask to have its position
               recorded in the minutes;
        (c)    the Commission shall take the utmost account of the opinion
               delivered by the committee. It shall inform the committee of
               the manner in which its opinion has been taken into account.
                                       Article 7
 1.     Member States shall, in due time, but before 1 January 1995, adopt
such laws, regulations or administrative provisions as may be necessary for
the implementation of this Regulation.
Such measures shall cover, inter alia, the organization of, procedure for and
means of control and the penalties to be imposed in case of breach.
2.      Member States shall assist each other in applying this Regulation and
in checking compliance therewith.
                                       \*
 ---pagebreak--- 3.      Within the framework of this mutual assistance the Administration of
the Member States shall annually send one another and the Commission all
available information concerning:
        breaches of this Regulation committed by port and harbour authorities
        and other persons;
        any penalties imposed for such breaches.
4.      When Member States adopt measures as referred to in paragraph 1,
they shall contain a reference to this Regulation or shall be accompanied by
such reference on the occasion of their official publication. The methods of
making such reference shall be laid down by Member States.
5.      The Member States shall immediately communicate to the Commission
all provisions of domestic law which they adopt in the field governed by this
Regulation. The Commission shall inform the other Member States thereof.
                                   Article 8
The Commission shall annually review the implementation of the Regulation
after receiving reports of Member States as prescribed in Article 7.
                                   Article 9
This Regulation shall enter into force on 1 January of 1995.
                                  Article 10
This Regulation shall be binding in its entirety and directly applicable in ail
Member States.
Done at Brussels,
                                                    For the Council
                                                    The President
                                      'f
 ---pagebreak---                                     ANNEX
In order to use a unified base for the application of tonnage measurement of
segregated ballast tanks in oil tankers, administrations, bodies recognized to
issue international certificates and persons who charge levies on oil tankers,
have to accept the following principles:
1.      The ship is certified as a segregated ballast oil tanker as stated in
        paragraph 5 of the supplement to the International Oil Pollution
        Prevention Certificate and the location of the segregated ballast tanks
        is indicated under paragraph 5.2 of that supplement.
2.      Segregated ballast tanks are those tanks exclusively used for the
        carriage of segregated water ballast, as defined in regulation 1 (17) of
        annex I of MARPOL 73/78. The segregated ballast tanks should have
        a separate ballast pumping and piping system arranged for the intake
        and discharged of ballast water from and to the sea only. There should
        be no piping connections from segregated ballast tanks to the fresh
        water system. No segregated ballast tanks should be used for the
        carriage of any cargo or for storage of ship's stores or material.
3.      In the International Tonnage Certificate (1969) under "Remarks" and
        entry is made for the tonnage of segregated ballast tanks in oil tankers
        as follows:
        "The segregated ballast tanks comply with regulation 13 of Annex I of
        the International Convention for the Prevention of Pollution from
        Ships, 1973, as modified by the Protocol of 1978 relating thereto, and
        the total tonnage of such tanks exclusively used for the carriage of
        segregated water ballast is        ".
        The reduced gross tonnage which should be used for the calculation of
        tonnage based fees is
     1
       This annex is a full copy of the annex of Resolution A.747(18) of the
International Maritime Organization adopted on 4 November 1993.
 ---pagebreak--- The tonnage of segregated ballast tanks mentioned above shall be
calculated according to the following formula:
        Ki x V b
where:
        Kt = 0.2 + 0.02 log 10 V (or as tabulated in appendix 2 of the
        International Convention on Tonnage Measurement of Ships,
        1969).
        V = the total volume of all enclosed spaces of the ship in
        cubic metres as defined in regulation 3 of the International
        Convention on Tonnage Measurement of Ships, 1969.
        Vb = the total volume of segregated ballast tanks in cubic
        metres measured in accordance with regulation 6 of the Inter-
        national Convention on Tonnage Measurement of Ships, 1969.
                              /?
 ---pagebreak---                                                               COM(93) 468 final
                                                      DOCUMENTS
EN                                                                        14 07
                                Catalogue number : CB-CO-93-680-EN-C
                                                             ISBN 92-77-62482-5
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                              iO