CELEX: 51998PC0385
Language: en
Date: 1998-07-08
Title: Amended proposal for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        Brussels, 08.07.1998
                                        COM(1998) 385 final
                                        97/105 (SYN)
                   Amended proposal for a
                   COUNCIL DIRECTIVE
relating to a reduction of the sulphur content of certain liquid fuels
                 and amending Directive 93/12/EEC
(presented by the Commission pursuant to Article 189 a (2)
                      of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY xMEMORANDUM
1) On 12 March 1997, the Commission adopted a proposal for a Council Directive relating
   to a reduction of the sulphur content of certain liquid fuels and amending Directive
   93/12/EEC.
   This proposal, one of the eleven actions identified in the Communication on a Strategy
   to combat Acidification, aims to reduce the emissions of sulphur dioxides (S0 2 ) by
   placing maximum limit values on the sulphur content of certain liquid fuels (heavy fuels
   oils from 1 January 2000 and gasoils from 1 January 1999). The proposal is based on
   the results of cost effectiveness studies but takes into consideration under the form of
   derogation, the necessary flexibility for regions where air quality objectives are
   respected and where emissions of sulphur dioxides do not contribute significantly to
   problems of acidification.
   Unnecessary overlap between the current proposal and the provisions of Directive
   88/609/EEC on large combustion plants was also integrated.
   The legal basis proposed (Article 130S) will allow for Member States who need to do
   so, to require more stringent limit values on the sulphur content of these liquid fuels.
   Certain liquid fuels (bunker fuels, aviation kerosene) were not proposed for regulation at
   this stage pending, respectively, the outcome of the Convention on Marine Pollution
   (MARPOL) revision or taking into account the marginal contribution to the sulphur
   dioxides emissions.
   Finally, the proposal foresees a general review process of the provisions by 31
   December 2003.
2) The Economic and Social Committee adopted its opinion on 1 October 1997. This
    opinion was globally supportive of the Commission's proposal.
3) The Committee of the Regions adopted its opinion on 11 November 1997. This
    opinion was globally very supportive of the Commission's proposal.
4) Out of the 28 amendments adopted by the Parliament, the Commission can accept 16
    amendments totally, partially, or in principle.
     The Commission can accept:
     in their entirety, amendments 2, 3 (second part), 5 (first part), 8, 13, 14, 15 (first part),
     19 (first part), 28
     partially, amendments 16, 17, 23, 27
     in principle, amendments 3 (first part), 5 (second part), 6, 9 (first part), 15 (second
     part), 26.
    In particular as concerns amendments 6, 13, 17 and 23 concerning the use of heavy
    bunker fuels by ships, the Commission intends:
 ---pagebreak--- -  to take steps to ensure that a co-ordinated position of the Community and its Member
   States can be put forward at the 43rd meeting of the Marine Environment Protection
   Committee of the International Maritime Organisation in June 1999 with a view to
   ensure the designation of the North Sea and the Channel as well as of any other
   European seas in such need as areas sensitive to air pollution
- to consider any Community measures that could be taken to reduce the contribution to
   acidification of the combustion of marine fuels other than marine gasoils and if
   appropriate, make a proposal by the end of 2000.
   The present proposal therefore is modified accordingly.
5) The remaining amendments have not been accepted by the Commission (amendments 1,
   4, 7, 9 (second part), 10, 11, 12, 18, 19 (second part), 20, 21, 22, 24, 25).
    The Commission proposal is based on Article 130S of the Treaty since the goal is the
    protection of the environment and human health through the reduction of sulphur
    dioxides emissions associated with the sulphur content of certain fuels. The amendment
    for a change of the legal base is incompatible with the cost effectiveness approach
    adopted. In addition, it might leave Austria and Finland in a difficult situation due to
    the expiry of their current derogation to maintain stricter limit values for gasoils until
    the end of this year. Accordingly, the Commission cannot accept amendments 1, 4, 7,
    11,22.
    The Commission proposal is based on an extensive assessment of the cost effectiveness
    of measures which could contribute to the reduction of the acidification problems. It is
    therefore not necessary to increase the severity of the sulphur content of the liquid fuels
    proposed for regulation. In addition, Member States who need to do so may always
    apply a stricter sulphur limit under the legal basis proposed.
    Accordingly, the Commission cannot accept amendments 10, 12, 19 (second part)., 24
    (second part).
    The Commission's proposal aims to treat all the industrial sectors on an equal footing
    and to take into consideration the need for compliance with environmental
    requirements present in current Directives, in particular Directive 88/609/EEC dealing
    with the large combustion plants. The amendment 20 would be a privileged treatment
    for the refineries sector and an environmental step back since a stricter average
    emission limit value for some combustion plants in refineries is already in force today
    in Directive 88/609/EEC.
    Accordingly, the Commission cannot accept amendment 20.
    The Community framework for the application of economic instruments of a fiscal
    nature in order to encourage cleaner fuels through differentiated excise duties is
    established under Directive 92/81/EEC. Other economic instruments of different nature
    could be assessed by the Commission in its general review by end 2003. Accordingly,
    the Commission cannot accept amendment 9 (second part).
 ---pagebreak--- The Commission considers that the information, notification or consultation issues
between Institutions represent horizontal issues related to Comitoiogy which it would
not be appropriate to deal with in the context of this proposal.
Accordingly, the Commission cannot accept amendments 21 and 25.
The Commission considers that its reference to the territory and waters of the Member
States avoids any unnecessary legal disputes compared with other definitions.
Accordingly, the Commission cannot accept amendments 18 (second part) and 24 (first
part).
The Commission proposed dates of application for the regulated fuels which took into
account the appropriate lead time for the industries concerned. The introduction of a
reduced sulphur content in heavy fuel oil by 1999 would not be realistic.
Accordingly, the Commission cannot accept amendment 18 (first part).
 ---pagebreak---                                      AMENDED PROPOSAL
    for a Council Directive relating to a reduction of the sulphur content of certain liquid
                            fuels and amending Directive 93/12/EEC
    Text proposed by the Commission(')                              Amended proposal
                                              (Amendment 2)
                                                Recital 7
(7)  Whereas the Community and the                  (7)   Whereas the Community and the
     individual    Member        States   are             individual      Member       States     are
     Contracting Parties to the UN-ECE                    Contracting Parties to the UN-ECE
     Convention        on         Long-Range              Convention           on       Long-Range
     Transboundary Air Pollution; whereas                 Transboundary Air Pollution; whereas
     under the protocol on further reduction              the second UN-ECE Protocol on
     of sulphur emissions established under               transboundary pollution by sulphur
     that convention. Contracting Parties                 dioxide foresees that Member States
     should make significant reductions in                should reduce sulphur dioxide emissions
     emissions of sulphur dioxide;                        beyond the 30 % reduction specified in
                                                          the first Protocol and whereas the second
                                                          UN-ECE Protocol is based on the
                                                          premise that critical loads and levels will
                                                          continue to be exceeded in some
                                                          sensitive     areas;    whereas     further
                                                          measures to reduce sulphur dioxide
                                                          emissions will still be required if the
                                                          objectives in the fifth environmental
                                                          action programme are to be respected;
                                                          whereas Contracting Parties should
                                                          make significant reductions in emissions
                                                          of sulphur dioxide;
    0 O J C 190. 21.6.1997. p. 9.
 ---pagebreak--- (Amendment 3)
Recital 9a (new)
        (9a) Whereas studies have shown that
             benefits     from      reducing     sulphur
             emissions by reductions in the sulphur
             content of fuels will be considerably
             greater than the estimated costs to
             industry in this proposal and whereas the
             technology exists and is well established
             for reducing the sulphur level of liquid
             fuels;
 (Amendment 5)
Recital 10a (new)
        (10a) Whereas       in     Council      Directive
                93/12/EEC the Commission was asked
                to submit to the Council a proposal
                prescribing lower limits for the
                sulphur content in gas oil and new
                limits for aviation kerosene and
                whereas it would be appropriate at the
                same time to lay down limits for the
                sulphur content of other liquid fuels, in
                particular heavy fuel oils, bunker fuel
                oils, marine diesel oils and gas oils, on
                the basis of cost effectiveness studies;
 ---pagebreak---                                                (Amendment 6)
                                                 Recital 11
(11) Whereas it should only be possible to           (11) Whereas it should only be possible to
     use gas oils and heavy fuel oils within               use gas oils, marine gas oils, bunker fuel
     the territory of the Community on                     oils and heavy fuel oils within the
     condition that their sulphur content does             territory of the Community - with the
     not exceed certain limits set out in this             exceptions referred to in this Directive -
     Directive;                                            on condition that their sulphur content
                                                           does not exceed certain limits set out in
                                                           this Directive; whereas the Commission
                                                           should examine the questions relating to
                                                           bunker fuel oils and, if appropriate,
                                                           make proposals by 2000;
                                               (Amendment 8)
                                             Recital 12a (new)
                                                     (12a) Whereas sulphur emissions             from
                                                              shipping due to the combustion of
                                                              bunker fuels with a high sulphur
                                                              content contribute to sulphur dioxide
                                                              pollution      and     problems       of
                                                              acidification; whereas in certain areas
                                                              such contribution is highly significant
                                                              and whereas it is therefore necessary
                                                              to limit the sulphur content of bunker
                                                              fuels;
 ---pagebreak---  (Amendment 9)
Recital 13a (new)
        (13a) Whereas in order to facilitate the
               achievement of the objectives of this
               Directive it may be appropriate for the
               European Union and/or the Member
               States to use economic instruments,
               such as a tax on sulphur and a system
               of harbour charges differentiated
               according to the sulphur content of the
               fuels used by visiting ships; whereas
               the Commission should examine this
               in the context of the review of this
               directive;
(Amendment 13)
Recital 18a (new)
        (18a) Whereas the Community will be
               advocating more effective protection
               of areas sensitive to SOx emissions
               and the reduction of the normal limit-
               value for bunker fuel oil (from the
               present 4.5%) at the continuing and
               future negotiations on the MARPOL
               Convention within the International
               Maritime      Organization      (IMP);
               whereas the Community initiatives to
               have the North Sea/Channel declared a
               special low SOx emission control area
               should be continued;
 ---pagebreak---                                              (Amendment 14)
                                            Recital 18b (new)
                                                    (18b) Whereas more profound research into
                                                            the effects of acidification on
                                                            ecosystems and the human body is
                                                            needed; whereas one of the main aims
                                                            of such research should be to
                                                            determine which particles, depending
                                                            on size, mass or number, are
                                                            particularly prejudicial to health;
                                                            whereas such new tasks as the
                                                            improvement          of       flue-gas
                                                            desulphurization and the development
                                                            of catalysts for ships and of efficient
                                                            exhaust-gas purification systems for
                                                            motor vehicles (deNOx catalyst)
                                                            should be formulated for applied
                                                            research, as for climate and marine
                                                            research; whereas the European
                                                            Community is assisting such research
                                                            under the 5th Framework Research
                                                            Programme;
                                             (Amendment 15)
                                                Recital 20
20) Whereas Member States should establish          (20) Whereas Member States are to establish
    the    appropriate    mechanisms      for             the    appropriate    mechanisms      for
    monitoring     compliance     with    the             monitoring     compliance    with     the
    provisions of this Directive; whereas                 provisions of this Directive; whereas
    regular reports on the sulphur content of             reports on the sulphur content of liquid
    liquid fuels should be submitted to the               fuels are to be submitted to the
    Commission;                                           Commission:
 ---pagebreak---                                           (Amendment 16)
                                         Article 2(2a) (new)
                                                  2a.   'Marine gas oils7 shall mean fuels
                                                        intended for marine use which meet the
                                                        the definition in Article 2.2 or which
                                                        have a viscosity or densitv falling within
                                                        the ranges of viscosity or density defined
                                                        for marine distillates in table 1 of ISO
                                                        8217(1996).
                                           (Amendment 19)
                                             Article 3(2)
2. Provided that the air quality standards         2. Provided that the air quality standards
for sulphur dioxide laid down in Council           for sulphur dioxide laid down in Council
Directive 80/779/EEC and other relevant            Directive 80/779/EEC and other relevant
Community provisions are respected and the         Community provisions are respected and the
contribution to transboundary pollution is         contribution to transboundary pollution is
negligible, a Member State may authorize           negligible - the Member State concerned must
heavy fuel oils with a sulphur content             show the Commission that such a deviation
between 1 and 2.5 % by weight to be used in        will not impede compliance with Community
part or the whole of its territory.                law on air quality, including Directive
                                                   96/62/EEC -. a Member State may authorize
                                                   heavy fuel oils with a sulphur content
                                                   between 1 and 2.5 % by weight to be used in
                                                   part of the whole of its territory.
 ---pagebreak---                                                  (Amendment 26)
                                                   Article 6(1)
 1. Member States shall take all the                      1. Member States shall take all the
 necessary measures to check by sampling that             necessary measures to check by sampling that
 the sulphur content of fuels used complies              the sulphur content of fuels used complies
 with Articles 3 and 4. The sampling shall               with Articles 3and 4. The sampling shall
 commence within six months of the date on               commence within six months of the date on
 which the relevant limit for maximum sulphur            which the relevant limit for maximum sulphur
 content in the fuel comes into force. It shall          content in the fuel comes into force. It shall be
 be carried out with sufficient frequency and in         carried out with sufficient frequency and in
 such a way that the samples are representative           such a way that the samples are representative
 of the fuel examined.                                   of the fuel examined.
                                                 (Amendment 27)
                                                  Article 6(2)(a)
 (a)   ISO method 8754(1992) for heavy fuel              (a)   ISO method 8754(1992) and prEN ISO
       oil and marine diesel oil;                              14596 for heavy fuel oiL_and marine
                                                               gasoil;
                                                 (Amendment 28)
                                                   Article 7(2)
2. On the basis inter alia of the annual                2. On the basis inter alia of the annual
reports submitted in accordance with                    reports submitted in accordance with paragraph
paragraph 1 and the observed trends in air              1 and the observed trends in air quality and
quality and acidification, the Commission               acidification, the Commission shall, by 31
shall, by 31 December 2003, submit a report             December 2003, submit a report to the Council
to the Council. The Commission may submit               and the European Parliament. The Commission
with its report proposals aimed at revising this        may submit with its report proposals aimed at
Directive and in particular the limit values            revising this Directive and in particular the
laid down for each fuel category and the                limit values laid down for each fuel category
exceptions and derogations provided for in              and the exceptions and derogations provided
Article 3(2), Article 3(3) and Article 4(2).            for in Article 3(2), Article 3(3) and Article 4(2).
                                                       11
 ---pagebreak--- (Amendments 17 and 23)
     Article 7 (3)
              3. The Commission shall consider which
              measures could be taken to reduce the
              contribution to acidification of the combustion
              of marine fuels other than those specified in
              Article 2.2 (a) and, if appropriate, make a
              proposal by the end of 2000.
              12
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 385 final
                                              DOCUMENTS
EN                                                             14 01 12 06
                                    Catalogue number : CB-CO-98-396-EN-C
                                                             ISBN 92-78-37283-8
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