2010/769/EU: Commission Decision of 13 December 2010 on the establishment of criteria for the use by liquefied natural gas carriers of technological methods as an alternative to using low sulphur marine fuels meeting the requirements of Article 4b of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels as amended by Directive 2005/33/EC of the European Parliament and of the Council on the sulphur content of marine fuels (notified under document C(2010) 8753)  Text with EEA relevance

14.12.2010 EN Official Journal of the European Union L 328/15
COMMISSION DECISION
of 13 December 2010
on the establishment of criteria for the use by liquefied natural gas carriers of technological methods as an alternative to using low sulphur marine fuels meeting the requirements of Article 4b of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels as amended by Directive 2005/33/EC of the European Parliament and of the Council on the sulphur content of marine fuels
(notified under document C(2010) 8753)
(Text with EEA relevance)
(2010/769/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (1) as amended by Directive 2005/33/EC of the European Parliament and of the Council (2), and in particular Article 4c thereof,
Whereas:
(1) Article 4b of the Directive requires that ships at berth in Community ports do not use, from 1 January 2010, marine fuels with a sulphur content exceeding 0,1 % by mass. This requirement does not apply, however, to fuels used on board vessels employing approved emission abatement technologies in accordance with Article 4c.
(2) Article 4c(4) provides that Member States may allow ships to use an approved emission abatement technology as an alternative to using sulphur marine fuels meeting the requirements of Article 4b, provided that these ships continuously achieve emission reductions which are at least equivalent to those which should be achieved through the limits on sulphur in fuel specified in the Directive.
(3) Article 4c(3) provides for the establishment of criteria for the use of technological methods by ships of all flags in enclosed ports, harbours and estuaries in the Community in accordance with the procedure referred to in Article 9(2) of the Directive. These criteria are to be communicated to the IMO.
(4) Liquefied natural gas (LNG) Carriers are frequently fitted with dual fuel boilers, using boil-off gas and heavy fuel oil for propulsion and cargo-related operations. In order to meet the requirements of the Directive most LNG Carriers calling at EU ports could use emission abatement technology employing a mixture of marine fuels and boil-off gas to produce sulphur emissions equal to or lower than 0,1 % sulphur fuel emissions.
(5) In the long-term, boil-off gas could be used as a primary fuel at berth, producing lower sulphur emissions than those which would be achieved through the limits on sulphur in fuel specified in the Directive.
(6) The measures provided for in this Decision are in accordance with the opinion of the Regulatory Committee established in accordance with Article 9(2) of the Directive,