CELEX: 51975PC0681
Language: en
Date: 1975-12-19
Title: Proposal for a COUNCIL DIRECTIVE relating to the use of fuel-oils with the aim of decreasing sulphurous emissions (submitted to the Council by the Commission)

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COM (75) 681
Vol. 1975/0248
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COïM^EmiES
                                                     COM(75)661 final.
                                                     Brussels , 19 December 1975
                               Proposal for a
                              COUNCIL DIRECTIVE
   relating to the use of fuel-oils with the aim of decreasing sulphurous
                                 emissions
                  ( submitted to the Council by the Commission)
   Cûr(75 ) 681 final .
 ---pagebreak---                                     - 1 -                ENV/X06/2/75-F
                               EXPLANATORY MEMORANDUM
This Directive Proposal provide? for the use of low .sulphur -oonteirt £^&ltroile
with the aim of decreasing sulphurous emissions , particularly in regions
where the air pollution by such compounds is high and likely to constitute
a danger to public health .
1 . Légal provisions
    ocivie I-iembpr States have already taken or have proposed legislative
    provisions for the type of fuel-oil to be used in certain regions or
    within certain installations , or for a limitation of sulphurcoontexit
    of such fuels , or for a limitation of emissions with a view to protect /
    public health against dangerous concentrations of sulphur dioxide , sus­
    pended particulate matter and other pollutants in the ambient air .
    On 2 May , 1973 » the Commission received a communication from the
    Neth erlands Government relating to a draft administrative instrument
    for a generalized limitation of sulphur in fuels , notified under the
    terms of agreement on information on matters concerning the environement*) .
    This provision did npt enter into force at the time being due to the
    oil supply crisis , it was put into action finally on November 197^-
    Under this administrative measure it is forbidden to use for combustion
    purposes liquid , solid or gazeous fuels with a sulphur content exceeding
    certain levels . The maximum sulphur content is fixed e.g. at 2.9 » %
    for all heavy fuel-oil^, to be decreased to 2.7 by" July 1975 and to 2.5 %
    by July 1976 ; for gas-oil the limit is set at 0.7 % to be decreased by
    December 1975 at 0.'5 %*
                             \
                                          Ï
    In France zones of special protection against air pollution can be
    created on the basis of the law concerning the fight against air pollu­
    tion and odors of August 2 , 19^1 , and of the regulations of
*) Agreement dated 5 March , 1973 , of the Representatives of the Governments !
    of the Member States meeting in the Council on information for the
    Commission and for the Member States with a view to possible harmoniza­
    tion throughout the Communities of urgent measures concerning the pro­
    tection of the environment .
 ---pagebreak---                                          - 2 - \                   ENV/1G£/E/ 75-E
             V •                           '        >
                                                    \
                                                 /'
      September 17i 1963 * On this legal b&sis 196k already in Paris intra
      muros two zones of special protection have been created where the only
      type of fuel-oil permitted must be' of low sulphur quality. Moreover ;
      the larger power stations situated around -Paris are required.' to switch
      over to low sulphur fuel-oil during unfavorable meteorological conditions .
                                               i      .            .. , (      ■ » '   . *:
                                             (
      Recently two zones of special protection have been created in the region
                                                                         «
      of Lille-Roubaix-Tourcoing and in the region of Lyon-Villeurbanne'i '
      In Denmark a law came into force beginning of 1975 prohibiting the use
      for heating purposes of fuel-oilleontaiaing more than 2.5 &'of sulphur .
                                                                           ... d
      Belgium , under .the terms of the regulation of July 26 , 1971 » has created
      5 zones of special protection for Brussels , Antwerp , Charleroi t Gent ,
      Liege . In these zones the sulphur content of solid and liquid fuels of
      whatsoever quality and type is limited to 1
      In Germany the Federal law for the protection against immissions of March
      19-74 (Bundesrlmmlssionsschutzgesetz ) empowers the Federal Government to
      regulate the composition of fuels with respect to air polluting compounds ,
      to regulate the quantity of emissions admitted for all installations
      subject to lipensing ; it . requires the governments' of the Lander to set up
      control zones where the air pollution is to be .monitored and to establish
      plan© for improvement of the situation . -                                      "■
  1 „ In pursuance to thi^s law regulations have been issued , e.g. the revised
      ^Technical
          >'
                   Instruction
                    N
                               Air " ( TA-Luft ) of August• • 197^ .s.etting
                                                                       »
                                                                                 ^emission
                                                                                 *' '
      limitations , mainly with respect to sulphur dioxide and suspended parti­
      culate matter , for a large number of installations subject to licensing ;
      the same 'regulation limits the short terin as well as the long term con­
' ; - centra-tion of sulphur dioxide , suspended particulate matter and. some
      other pollutants in the ambient air .                 /. *
      Two regulations came into force in October 197^» one setting a general
      limitation to the sulphur content of gas-oil , the other limiting the
      emission of particulate matter , soot , oil and other pollutants . from
      1 } Arrête Royal
 ---pagebreak---                                    - 3 -               ENV/106/2/75-5
domestic furnaces . Another regulation is proposed '~iv'i'r_g tho basis" fcr
establishung an air monitoring system in particularly polluted regions .
Under the terms of the law no . 615 of July 1966 all industrial installa­
tions in Italy are required to take the necessary technical measures to
keep as low as technically feasible the air pollution. The territory
is divided into two control 2ones A and B comprising the larger agglo­
meration and the big cities ^ in which limitations to emissions or to the
                                                                    ■ J *
ure of certain types or qualities of fuels are set . A draft revision of
this law introduces a third zone C for the most polluted large cities and
restricts . the use of certain types and qualities of fuels within tho three
soncs . The sulphur content of fuel-oils v to be burned within tho zones
is limited at different levels according to the type of installation.
In the Uni t eel Kingdom no general legal limitation exists for the sulphur
content of fuels to be used , exception given for the City of London area
whore only fuels with 1 % S max . are admitted . The Protection of the
Environment Act 197^ entitles the Secretary of State to impose by regu­
lations limits on the sulphur content of any liquid petroleum product
produced in a refinery which is used in furnaces or railway locomotive
engines .
The Clean Air Acts of 1956 and . 1968 stipulate regulations to prevent the
emissions of smoke , grit ancl dust from all industrial and domestic chim­
neys and provide for the instauration of smoke control areas . The Aliir.li
Act 1906 and the Alkali and Works Order 1966 and 1971 require classified
industries to limit as much as practicable the emission of gases , smoke ,
                                           •»
grit and dust .
 ---pagebreak---                                                          ENV/lOé/2/75-E
        -. it-r -ift - ire
Following the reception of the above mentioned communication from the
Netherlands Government the Commission , on 13 February l$7k , addressed
to "the Council - under the General Programme of 2& May 1969 , aimed at the
elimination of technical Carriers to - trade in' industrial products , and
also under- the Community 's Programme of Action on the Environment of ->
22 Novembeiv 1973 a proposal for a Directive which , while eliminating'
technical barriers to the trade in gas-oils , will also lead to a conside­
rable reduction in the sulphur content of gas-oils and therefore aleo
to an improvement in the environment (Doc . COM(74 ) 158 final * - O.J. No .
C 35 , 28.3fl97^» p * 75 ) • The Council at its meeting of 16 October 1975 "
                             (1 )
agreed on this proposal .                              .       »
Vith regard to the Community 's Programme of Action on the Environment
the Council , on March 3 , 1975 " adopted a Resolution on Energy and
Environment . In this resolution among other things the importance of
decreasing sulphur emissions was stressed , inviting the Commission to
submit proposals on policies to be fallowed . by the Community and Member
States aiming                                    , ,      ...
- at a reduction of the sulphur content of gas-oil ,
- at fixing regulations oh the sulphur ccntent and use cf heavy fuel-oils ,
Numerous studies made within the Member States as well as elsewhere under*-
line the necessity of decreasing sulphuf dioxide emissions at the source
far the improvement of the air quality .
                                        • .1       : •           ' •
There is , .on the ono hand , the use of gas-oils , especially in urban areas
emitting sulphur compounds at low level and , on the other hand , the small
impact / on grounds of economy and energy , of the desulphurization of
these gas-oils . For these reasons it was preferred to propose a general
limitation of the sulphur content of gas-oils .
On the contrary , in the actual and foreseeable situation of supply with
crude oil a desulphurization cf all heavy fuel-oils requires considerable
financial efforts . That is why the present Directive Proposal , established
within the framework of the Community 's environmental policy and taking
 ( 1 ) O.J. no L 307 of Nov . 27 , 1975
 ---pagebreak---                                  - 5 -                ENV/106/2/75-E
into consideration the requirements of health and of the energy policy ,
contains requirements relating to the use of fuel-oils with low sulphur
content within the regions which are most threatened by sulphur pollution .
The preceding chapter shows the large variety of approaches on the national
levei to the problems of sulphur pollution abatement .
Such legal provisions , if taken in an uncoordinated way could substantially
influence the competitive situation of the installations concerned and
lead to the creation of new technical barriers to trade . They may moreover
cause disparities in the minimum protection of the population against air
pollution from sulphur dioxide and suspended particulate matter .
          * • /                                ■    „
For these reasons it is necessary to provide for a Community approach to
the problem of decreasing sulphurous emissions from the combustion of
fuel-oils .
Comments on the Directive Proposal
Ar ticle 1 gives fhe definition of fuel-oil , of low sulphur fuel-oil , of
equivalent fuel , of the zones of special protection against sulphur dioxide
and suspended particulate matter and of pollution , as used in the proposed
directive .
The sulphur content of low sulphur fuel-oil put on to the Community market
under this name is limited by Article 2 to 2 % by weight from 1 June 1978 .
A further decrease of the sulphur content to 1 % by weight is provided
from 1 June 19&3 *
The percentages as well as the dates of coming into force proposed take
into consideration the large uncertainties prevailing on the future situation
of fuel-oil consumption , on the cost level of competing energy resources , on
the supply situation and on the availability of low sulphur fuel -roil .
The percentage of 2 % max . sulphur content chosen for the first stage should be
sufficiently high to allow for a flexible introduction of this directive
at the given date without committing industry to launch a costly large-scale
desulphurization programme .
 ---pagebreak---                                    -6 -                     ENV/106/2775-E
Articl e J obliges Member States to create zones of special protection if
the levels of air pollution by sulphur - dioxide and by suspended particulate
matter measured during the three proceeding years in these regions have
exceeded one of the values specified in paragraphe 2 . The pollutant con­
centrations are in line with the air quality standards' for sulphur dioxide
and suspended particulate matter in the urban atmosphere laid down in the
Directive Proposal suhmitted to the Council on                         , 1975-
Article k requires all combustion installations situated inside the zones
of special protection to burn from 1 October 1978 on , only low sulphur
fuel-oil or equivalent fuel unless they fall under the . exceptions of Article 8
A timelimit of 18 months is given for zones to be specified after 1 January ,
1978 thus allowing for smooth implementation of the requirements fixed by
this Article .                         •. J. =    ......
Under certain meteorological conditions combustion installations situated
outside the zones ' of special protection may contribute significantly to the
ground level pollutant concentration inside the zones .
  ' î     *  ;                                           •"                .  \. "
Therefore , Article 5 requires that such combustion installations located
outside the zones of special protection but contributing significantly to
the ground level concentration inside the zones switch over temporarily
to low polluting fuels .                                       '            '
The samo Article defines which contribution is to be considered as significant
leaving to Member States the possibility to set more stringent requirements .
The protection of the population against high concentrations of sulphur
4ioxide and suspended particulate matter- is not only required inside the
      oJE         px*o"tection but also outside .
 ---pagebreak---                                         - 7 -                  ENV/10672/75-E
A general obligation is stipulated "by Article 6 for all large combustion
installations situated outside the zones of special protection to use
temporarily low sulphur fuel-oil or on equivalent fuel during episodes ..
of high concentrations of sulphur dioxide and suspended particulate
matter occuring xd-thin the area of influence of these installations . The
competent national authorities are required to define the extent of the
areas of influence .
Under the terms of Article 7 Member States may apply the provisions of this
directive more rapidly than required by the preceeding Articles .
For reasons of uncertainties on the future supply situation, on the
limited availability of low sulphur fuel-oil and on the quantities of
such fuels needed inside the zones which have still to be defined
geographically, a certain number of exceptions are given from the
obligations of Article 4f paragraph 1 .
Pirs.tly.it is desirable , to encourage the development and the introduction
of processes (e.g. flue gas desulphurisation, fluid bed combustion , fuel
gasification) allowing for a decrease of sulphur emissions by eliminating
sulphur at the installation itself during or after combustion* Such
processes could constitute interesting and perhaps less costly
alternatives to a desulphurization programme carried out at the refinery
level.'                            a   .{ . .•          ■ ... ..
Secondly in certain industrial processes which use fuel-oils for heating
purposes during the production rf large fraction of the sulphur dioxide
generated at combustion of the fuel is not emitted but retained chemically
in the products ( e.g. cement fabrication).
Therefore , Article 8 paragraph la accepts the two above mentioned •
categories of installations making use of such processes provided the
resulting - level of sulphur dioxide emissions is not higher than that
which is reached up on, burning low sulphur fuel-oil.
 ---pagebreak---                                                         ENV/l 06 /2/75-E
itirdly , an important number of large combustion installations , e.g. power ,
plants , are actually equipped with high stacks which , although net elimina­
ting the sulphur dioxide emitted , assure a . dispersion of the emissions at  »
greater altitude and over a large area mainly in down wind direction . The
ground level concentrations of sulphur dioxide and other emitted pollutants
are considerably decreased in the vicinity ef such plants . Nevertheless ,
under abnormal meteorological and particular topographical conditions the
emitted pollutants may fall back to the ground at shert distance from the
installation and may then constitute a threat to public health and to tho
environment .
The large combustion installations and above all the power plants are the
main consumers of fuel oil6 . The cost of electricity produced by them is -
under the actual economic circumstances - very sensitive to variations in
fuel costs .
For reasons of supply difficulties with resulting extra costs for low
sulphur fuel-oils it is not appropriate to require these installtions to
use only such fuel-oils , as long as their contribution to the ground level
concentration of sulphur dioxide is not significant . Therefore paragraph 1 t
of Article 8 exempts these installations from the obligation of Article k
first paragraph , provided that they are controlled by a monitoring net­
work and that they . are als» equipped with an adequate reserve of low
sulphur fuel-oil or an equivalent fuel .
Paragraph 2 of Article 8 specifies which contribution »f these installations
to the total ground level concentrations inside     the zones of special pro­
tection has to be regarded as significant giving the possibility to Member
States to set more stringent requirements .        u
Paragraph 3 of Article . 8 requires the installations exempted under para­
graph 1 b of this Article t* use temporarily only low-sulphur fuel-oil
or an equivalent fuel in eaaS of episodes of high concentration of sulphur
dioxide end suspended particulate matter occuring within the zones of special
protection .- '
Paragraph b of Article 8 finally obliges Member States to take all necessary
measures assuring that the operation of "the installations referred to under
 ---pagebreak---                                  - 9 -                ENV/106/2/ 75-E
paragraph 1 b does not give rise to pollution outside the zsnes or to
 transfrontier pollution . The definition of pollution as indi-: -
cated in Article 1 is identical to that given in the OECD recommenda­
tion no . 0(7^)224 of 21 November 197^.
Article 9 requires fcr information of the Commission of decisions taken
by Member States to create zones of special protection and cf any other
parameters taken into consideration in their decisions .
Article 10 obliges Member States to check by sampling that the sulphur
content of low sulphur fuel-oil burnt by the installations being subject
to this directive complies with the limits set herein .
Article 11 indicates the reference methods as given in annex II t « be"
used for. the determination of sulphur content of fuel-oils and for the
measurement of ground level concentrations of sulphur dioxide and sus­
pended particulate matter .
Taking into consideration the uncertainties mentioned above in relation
to the future supply situation and economic data , Article 22 underlines the
Commission 's obligation to keep the operation of the directive under
review and submit appropriate proposals when necessary to the Council .
This provision is intended to facilitate a smooth introduction of the
directive , so as t© take decisions now which will put obligations upon
the Member States in some years time , and to adapt the directive later ,
should the situation substantially change .
Article 13 set the timelimit for putting into force the directive 's pro­
                      ■>> ·.'    ...       · *
vision at the national level at 6 months after its notification . This
     »              '                    .
short timelimit is required in order to give the industry sufficient time
to prepare itself . The Commission must be informed of the provisiens of
national law adopted by the Member States 4n pursuance of this directive .
Consultation of the European Parliament and the- Economic and Social .
Committee
The ©pinisns ©f the European Parliament and the Economic and Social Com­
mittee are required under the provisions of Article 100 «f the EEC-Treaty .
 ---pagebreak---                                         - 10 -                ENV/106/2/75-r>
                           PROPOSAL FOR A COUNCIL DIRECTIVE                                 |
                       relating t6 the use of fuel-oils with the •                     ■ 4
                       aim of decreasing sulphurous emissions
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
- Having regard to the Treaty establishing the European Economic Community ,
    and in particular Article 100 thereof ,
- Having regard to the Proposal from the Commission ,.
- Having regard to the Opinion of the European Parliament ,
- Having regard to the Opinion of the, Economic and Social Committee ,                        j
- Whereas any disparty between the provisions on the sulphur content and use ;
    of certain fuel-oils already applicable or in preparation in the various                  j
   Member States may create unequal conditions of competition and thus direct!)
   affect the functioning of the Common Market ; whereas it is therefore necee-'
                                                                                             1
    sary to approximate laws in this field as provided for in Article - 100 of ths
    Treaty ; ' ?'■' ■                    :-■    \                                            !
             -       ■                                          '                            !
- Whereas the Resolution on Energy and Environment adopted by the Council on
                       (1)
   March 3i 1975           taking into consideration the' Commission 's - preliminary re­
   port on the problems of pollution and nuisances originating from energy pro
               (2)
    duction         and the Programme of Action' of the' European Communities ^ on the
   Environment , ' invites the Commission to submit proposals on policies to be j
    followed by the Community and Member States among which are; regulations on j
   the sulphur content and use of heavy fuel-oil ;                                         i
          •'                     .....                                                     '
v Whereas in accordance with the Declaration of the United Nations conference
   on the human environment adopted iii Stockholm, cars should be taken to                 j
   ensure that activities carried out in one state do not cause any degradation
   oif the environment in another state , e.g. by transfrontier ' pollution ;              J
( 1 ) t .:j.' No . C 168 of July 25 , 1975
( 2 ) Doc . SECC72*) 1150 final .
 ---pagebreak---                                   - 11 -              ENV/106/2775-E
Whereas the protection of the environment and of public health requires
surveillance and a decrease in air pollution from sulphur dioxide and
suspended particulate matter , in order to safeguard against subsequent
deterioration of the atmosphere especially in densely populated areas ;
Whereas certain Member States have notified the Commission of projects
and laws relating , inter alia , to the use of certain grades of fuel-oil
in combustion installations for the purpose of bringing about a reduction
in sulphur emissions ;              V
Whereas in view of the high levels of sulphur dioxide together ' with
suspended particulate matter measured in the air in many regions of the
                      s
Member States , of the detrimental influence of these compounds on public
health and on the quality of the environment , and of the important contri­
bution of fuel-oils to sulphur pollution , it is necessary , at a Community
level , to - reduce progressively and perceptibly the emissions of sulphur
arising from the combustion of fuel-oils in regions which are particularly
threatened by air pollution from sulphur dioxide (henceforth referred
to as "zones of special protection*' };
Whereas , under the actual and foreseeable conditions of supply of crude
oil , a . general limitation of the sulphur content af all fuel-oils will
require considerable financial efforts ;
Whereas the use * of low sulphur fuel-oil or of equivalent fuels constitutes
an efficient and economically defensible means for the abatement of sulphur
pollution within the most affected regions , and whereas it is necessary
to make the best use of such low-polluting fuel-oils , considering their
cost and limited availability ;
Whereas it is desirable at the present time to define the maximum sulphur
content of fuel-oils whose use will be required , from 1 October" 19?S ( first
stage ) and from 1 June 1983 ( second stage ) in the zones of special pro­
tection specified by the Member States ;
 ---pagebreak---                                      - 12 -                ENV/106/2/75-E
- Wheras the population must "be protected , during special meteorological
  conditions xfhich favour the persistency of high levels of sulphur dioxide
  and of suspended particulate matter in the atmosphere , "both inside and
  outside the zones of special protection , against the detrimental effects
  of these pollutants by requiring that :
  - installations situated outside the zones "but contributing significantly
    to the ground level concentration of sulphur dioxide inside the zones ,
  - and installations situated outside the zones , with a thermal power
    rating of 100 MW or more , whenever in the areas affected "by them the average
    level for both pollutants during a 24 hour period has exceeded the values
    laid down in table 2 of Annex I to this Directive ,
    should be fueled temporarily with low sulphur fuel-oil or equivalent
    fuels as long as the high air pollution level persists ;
- Whereas it is also desirable to encourage the development and the intro­
  duction of other processes resulting in an equivalent decrease of
  emissions of sulphur dioxide and to make certain exemptions including
  installations making use of such processes ;
- Whereas it is necessary to provide measures of control , and in particular
  by means of random sampling, to check the sulphur content of fuel-oils
  of the low sulphur category placed on the market and whereas this
  content must "be determined by means of a uniform method ;
- Whereas it is desirable that concentrations of sulphur dioxide and
  suspended particulate matter , which are the basis for the creation of
  zones of special protection , should be determined by the same
  harmonized measurement methods ;
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                         - 13 -                  ENV/lOé/2/75-E
                                     Article 1
  For the purpose of this Directive -                         • ■'
  a ) fuel-oil means any oil product falling within sub-heading 27-10 C II
       of the Cemmon Customs Tariff annexed to Regulation (EEC ) no 2658/7^
       of the Council of 15 October 197^ (l )» intended for use in combustion
       installations ;
; b ) low sulphur fuel-oil means any fuel-oil the sulphur content of which
       does not exceed the limits laid down in article 2 ;
  c ) equivalent fuej means any fuel with a maximum sulphur content not in
       excess of that of low sulphur fuel-oil ;
  d ) zones of special protection mean all regions specified by Member States
       as zones cf special protection against sulphur dioxide and suspended
       particulate matter in accordance with article 3 »
  e ) pollution means the introduction by man , directly or indirectly , of
       substances er energy into the environment , resulting in deleterious
       effects of such a nature as to endanger human health * har® living resour­
       ces and ecosystems , and impair or interfere with ameniiii'es' and other
       legitimate uses of the environment .              • -
   ?                   *                                  -            : .
                                 ' Article 2                ■'           Q
  1 . Member States shall take all necessary measures to ensure that fuel-oil
       intended for use as fuel in the combustion installations referred to in
       articles 4,5 and 6 are hot' put on the market within the Community under
       the description of low sulphur fuel-oil if their c'ontent in sulphur
       compounds , calculated in - terms of sulphur exceeds :
               - 2,0 % by weight from 1 June 1978 and
             . - 1,0 % by weight from 1 June 1983 *
  2 . Should environmental requirements or the state of desulphurizing techno­
       logy change appreciably or should the economic situation in the Community
       as regards the supply of crude oil change substantially , the Commission
       may , on its own initiative or at the request of a Member State , propose
  ( 1 ) O.J. No . L 295 , 1.11.197**, p.l
 ---pagebreak---                                    *• - 1* -                       ENV/106/2/75-E
 amendments to the levels indicated in paragraph 1 above for the period                                   *;
 beginning     1  June 19$3« The  Council      may
 qualified majority , not later than 1 June 1980 .
                                                     decide   on such       amendments,              by a     J
                                                                                                              !
 If , because of a sudden change in crude oil deliveries , change's should
 occur in the sulphur content *f the oil such as to jeopardize supplies
"to consumers in view of the shortage of available desulphurization capa-
                                                                       1-    ».   . •   ..
 city , a Member State may allow in its territory low sulphur fuel-oil
 not meeting the limits laid down in paragraph 1 above.. It ; shall forth- 1
 with notify the Commission , which shall , after consulting the other
 Member States , decide within -3 months on the duration and details of
          *             t*                 , •    «                                          .  t .
                                                                   M ■          -
 the derogation .
                                    Article 3         ■ '                                       \ -•
 Member States may specify zones of special protection , based above all
 upon the actual levels of sulphur dioxide and suspended particulate
 matter . >■ '•<"       • ■                         - •          •                          ... /•'
 Regions in which a level of air pollution represented Ity any one of
 pairs ®f value ranges for the concentration' of sulphur dioxide and
 the associated concentration of suspended particulate matter laid down
 in table 1 of Annex 1 to this Directive has been exceeded'in'each of
 the three preceding years shall be specified as zones of special protects
   • 'l : •' :                      Article b               ■ ■                                   ^
                        1        y.   •  .                                         .1 .
 From 1 October 1978 , combustion installations situated within zones of                                    ,
 , *■ ■ – ,                                                                            i ,                  i
 special protection , using fuel-oils must , except as provided for in
 Article 8 of this directive , burn only low-sulphur fuel-oils' or equi-                                   !
 valent fuels.                                                            %                                j
 In the case of zones of special protection which are specified subse­
 quently to 1 January 1978 , paragraph 1 shall enter into force 18 months j
 after the designation of such zones .                  A                             -'V-■       *
 ---pagebreak---                                            - 15 -             ENV/106/2/75-E
                                        Article 5
  1 . If under adverse meteorological conditions combustion installations burning
        fuel-oil situated outside of the zones of special protection contribute
        significantly to the ground level concentration of sulphur dioxide in­
        side the zones then Member States shall require them to burn temporarily
        low sulphur fuel-oil or an equivalent fuel . *
                                                                            i   ■
  2 * An aggregate contribution of installations situated outside the zones of
        special protection of more than 20 percent of the total ground level con­
        centration of sulphur dioxide inside the zones is regarded as significant
        unless the competent authorities in the Member States require lower per­
        centages .
        This aggregate contribution may ba determined or by an appropriate moni­
        toring network or by models taking into account above all climatic
        (repartition of dominant winds , temperatures ) and topographic features
        of the region within which the somas are eituated .
                                        Article
  1 . From . October 1 :, ■197.8 combustion installations situated outside of the
        zones of special protection , having & thermal power rating of - 100 MW
        or more and burning fuel-oils must use low sulphur fuel-oil , or an
        equivalent fuel , as soon as for a 2b hour period the average concentra­
        tion of sulphur dioxide and of suspended, particulate matter at . ground level
        within the area ;of influence of these installations has exceeded any Of '"the
     i pairs of the value ranges laid down in table 2 - of Annex I to this Direc­
        tive , and continue that use until these concentrations for a Zb hour
      . period have fallen back below the value ranges in table 2 of Annex I.
  2 . '."The cocipetent- authorities in the Member States shall define the areas
*       of influence of . these installations taking into cpnsideration "the charac-
                  ...j
        teristic&i of the emission sources as well as meteorological , topographical
   *    and other pertinent conditions .                                 •-
                                        Article 7
  Member States may implement the provisions of the articles 2 , 4 and 6 at
                                         1        - -            X    »S  .   »
  a faster rate than as laid down in thesa articles .
 ---pagebreak---                   >x • ■»'
                                            - 16 -                    ENV/106/2/75-E
                                          Artiel'e - o                                   ;
   1. Paragraph 1 of article k shAl-l hot apply to t *                - •; . .
       * ( a ) Combustion installations and plants employing processes where the
       *"       level of sulphur dioxide emissions does not exceed that 'which is
                reached when the installation is burning low sulphur fuel-oil under
                such conditions that 'all sulphur is emitted ;                      '         !
          (b ) Combustion installations controlled by a monitoring network and
                equipped with an adequate reserve of low sulphur fuel-oil 6r an
                equivalent fuel , provided that the emissions from these installations ,
                during normal meteorological conditions ,, do not contribute signifi­
                cantly to the concentration of sulphur dioxide measured at : ground           |
                level within the zonesof special protection ;                     '           |
                ; ,•               »    v   ■ i'  <    . t"    ■„ . .
          ( c ) Sea going ships sailing at a port located within a zone of special
                protection .
                            •    ' \
  2 . An aggregate contribution of installations exempted under paragraph lb )
          of more than 20 percent of the total ground level concentration of sulphur
 , . dioxide . inside the -zones is regarded a.s significant ;unless the competent j
          authorities in the Member Sta.tes require lower percentages .^
    , . Ihis aggregate contribution may be determined or by an appropriate moni-
      - toring network or by models taking into account above all climatic
    , (repartition of dominant winds , temperatures ) and topographic features
r v of the region within which the sones are situated . ,                      ,
' 5 - Where , however , for a 2^ hour period the average concentration of sulphur
          dioxide and suspended particulate' matter , measured at ground level in the j
          zone of special protection in which an installation , exempted* under para- !
          graph l b ) is situated , has exceeded any of the pairs of value ranges laid j
          down in< table 2. of Annex I to this Directive , the .use of low, sulphur         '
                                                                            *'              i
  -       fuel-oil or an equivalent fuel by such an installation shall: be mandatory j
          until these concentrations have fallen- back below the value, ranges in          j
          table 2 of Annex I for a 2k hour period.                                         J
  4 . Member States shall take the appropriate measures to assure that the ope­
          ration of the installations referred to under paragiraphe l b of this article
          does not give rise to* pollution outside the zones or to transfrontier poll"'
          tion .                                                                          '
                                                                                          i
                                                                                          ?
                                                                                          \
                                                            ,1            ■              i
                                                                                          *
                                                                                         J
 ---pagebreak---                                  - 17 -               ENV/l06/2/75-E
                                Article 9
Member States shall notify fche Commission of the zones of special protection
specified pursuant to article 3 » not later than six months after the deci­
sion in question . They shall also notify any other criteria taken into
consideration in their decision ( for example population density , industrial
activities giving rise to pollution and special topographical and meteoro­
logical conditions ).
                                Article 10
Member States shall take ihe necessary measures to inspect and check by
sampling that the sulphur content of fuel-oils burnt by the combustion
installations £a£6r£kd to in Articles b , 5 » 6 and 8 complies with the
provisions of this Directive .
                                Article 11
The measurement methods used to determine the concentrations of sulphur
dioxide and of suspended particulate natter in the atmosphere and the
sulphur content of fuel-oils shall be those specified in Annex II to this
Directive .                            '
                                Article 12
The Commission shall keep the Operation of this Directive under review ,
in particular in the light of :                                      <
- data available on changes in the levels of air pollution by sulphur
  compounds and suspended particulate matter measured ;
- changes in the supply situation for oil }
- technical and economic progress in the development of methods for
  reducing sulphur emissions ;
- data collected from the Member States , particularly under Article 9
  of this Directive ,
and shall submit appropriate proposals , when necessary , to the Council .
 ---pagebreak---                                   - 18 -        .    ETTV/106/ 2/75-E s
                              Article 13
1 . Member States shall introduce provisions laid down by law , regulation
    or administrative action needed in order to comply with this Directive
    within six months of its notification and shall forthwith inform the
    Commission thereof .
2 . Member States shall ensure that the texts of the provisions of • national
    law which they adopt in the field covered by this Directive are communi­
    cated to the Commission .   *
                              Article 1H
This Directive is addressed to the Member States .
                                             Done at
 ---pagebreak---                                                                                         EN7/106/2/ ?>-E
                                                          Annex I
                             Ambiant air concentrations of sulphur dixo'ide
                      and of suspended particulate matter to be considered
                                   for the application of this Directive *
Table 1 :          Anbiant air concentrations of sulphur dioxide and of suspended
                   particulate matter to "be considered fo? the specification of
                   zones of special protection
               Period considered              Max . Concentration of               Associated
                                                      sulphur dioxide               concentration of
                                            I         (median of daily ,            suspended particulate
                                            j         averages, injagfm )          matter (median of
                                                                                   dailv averages , in
  ■ - - - -  -
                    r    - -  -  -  - • -
                                            j
                                          - '
                                                                                   Aig/m3)
                                                                  80                     > 40
                   Year
                                                                 120                      C /0
                                                                 130                     > 60
            •Winter 3eason
         (October to March )
                                                                 180     <     '         < 60
Table 2 : Anbiant air concentrations of sulphur dioxide and of suspended
                   particulate matter to be considered for the pollution episodes
             Feriod considered                Max . Concentration of                 Associated
                                                       sulphur dioxide               concentration of
                                                       (arithmetic mean, "           suspended particulate
                                                       liyug/mr)                     matter (arithmetic
                                                                                     mean, in nxg/m )
                                                                 250                     > 100
              24 hours                              -      - - -   - - -   - -   J
                                                                 350                     <; 100
                                              ... ..                             j
 ---pagebreak---                                   - 20                     ENV/106/2/75 -E
                                 ANNEX   II
                                                                                        1
              Analytical and measurement methods to be used
Analysis of sulphur content          • T
The analytical reference method is that defined by the Eurcrjs»an -StsmdeOfld
EN'*fl , first, edition , November 1975 » '
For routine analyses Member States may allow for other methods provided
that the results can be clearly correlated with those o>tained by the
referencë method .
               ...                                 •                              *  >.
Measurement of sulphur dioxide and suspended particulate matter concen­
tration in the ambient air
The reference measurement methods are those indicated in the Directif 3
Proposal on air quality standards for sulphur dioxide and suspended
particulate matter in the urban - atmosphere , submitted by the Commission
to the Council on
      i.e. * 'fo*'the determination of sulphur dioxide -the - method proposed
               in the draft standard proposal ISO DP 4219 based on the "
               principle of the colorimetric reaction to paraBosaniline>
               All othei* methods demonstrated as being equivalent by this
               Member States may be used }                                         '
            - for the measurement of suspended particulate matter in the
             . atmosphere the determination of black smoke , as standardised
               by the "Working group on air pollution measurement methods
               and investigation technies " of - OECD -( 1964 ) . All - other " methods
                demonstrated as being equivalent by the Member States m^y
               be used .