Article 1 Purpose
The purpose of this Regulation is to establish an accelerated phasing-in scheme for the application of the double hull or equivalent design requirements of the MARPOL 73/78 Convention to single hull oil tankers , and to ban the transport to or from ports of the Member States of heavy grades of oil in single-hull oil tankers .
Article 2 Scope
1. This Regulation shall apply to oil tankers of 5 000 tonnes deadweight and above: — entering or leaving a port or offshore terminal or anchoring in an area under the jurisdiction of a Member State, irrespective of their flag, or — flying the flag of a Member State. For the purpose of Article 4(3), this Regulation shall apply to oil tankers of 600 tonnes deadweight and above. 2. This Regulation shall not apply to any warship, naval auxiliary or other ship, owned or operated by a State and used, for the time being, only on government non-commercial service. Member States shall, so far as is reasonable and practicable, endeavour to respect this Regulation for the ships referred to in this paragraph.
Article 3 Definitions
For the purpose of this Regulation, the following definitions shall apply: 1. ‘Marpol 73/78’ means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto, in their up-to-date versions; 2. ‘oil tanker’ means an oil tanker as defined in Regulation 1.5 of Annex I to Marpol 73/78; 3. ‘deadweight’ means deadweight as defined in Regulation 1.23 of Annex I to Marpol 73/78; 4. ‘category 1 oil tanker’ means an oil tanker of 20 000 tonnes deadweight or above and carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo or of 30 000 tonnes deadweight or above and carrying oil other than the above and which does not comply with the requirements in Regulations 18.1 to 18.9, 18.12 to 18.15, 30.4, 33.1, 33.2, 33.3, 35.1, 35.2 and 35.3 of Annex I to Marpol 73/78; 5. ‘category 2 oil tanker’ means an oil tanker of 20 000 tonnes deadweight or above and carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo or of 30 000 tonnes deadweight or above and carrying oil other than the above and which complies with the requirements in Regulations 18.1 to 18.9, 18.12 to 18.15, 30.4, 33.1, 33.2, 33.3, 35.1, 35.2 and 35.3 of Annex I to Marpol 73/78 and is fitted with segregated ballast tanks protectively located (SBT/ PL); 6. ‘category 3 oil tanker’ means an oil tanker of 5 000 tonnes deadweight or above but less than that specified in definitions 4 and 5; 7. ‘single-hull oil tanker’ means an oil tanker which does not comply with the double-hull or equivalent design requirements in Regulations 19 and 28.6 of Annex I to Marpol 73/78; 8. ‘double-hull oil tanker’ means an oil tanker: (a) of 5 000 tonnes deadweight or above, complying with the double-hull or equivalent design requirements in Regulations 19 and 28.6 of Annex I to Marpol 73/78 or the requirements in Regulation 20.1.3 thereof; or (b) of 600 tonnes deadweight or above but less than 5 000 tonnes deadweight, fitted with double-bottom tanks or spaces complying with Regulation 19.6.1 of Annex I to Marpol 73/78 and wing tanks or spaces arranged in accordance with Regulation 19.3.1 thereof and complying with the requirement as to distance w in Regulation 19.6.2 thereof; 8. ‘double-hull oil tanker’ means an oil tanker: (a) of 5 000 tonnes deadweight or above, complying with the double-hull or equivalent design requirements in Regulations 19 and 28.6 of Annex I to Marpol 73/78 or the requirements in Regulation 20.1.3 thereof; or (b) of 600 tonnes deadweight or above but less than 5 000 tonnes deadweight, fitted with double-bottom tanks or spaces complying with Regulation 19.6.1 of Annex I to Marpol 73/78 and wing tanks or spaces arranged in accordance with Regulation 19.3.1 thereof and complying with the requirement as to distance w in Regulation 19.6.2 thereof; 9. ‘age’ means the age of the ship, expressed in number of years from its date of delivery; 10. ‘heavy diesel oil’ means diesel oil as defined in Regulation 20 of Annex I to Marpol 73/78; 11. ‘fuel oil’ means heavy distillates of crude oil or residues therefrom or blends of such materials as defined in Regulation 20 of Annex I to Marpol 73/78; 12. ‘heavy grades of oil’ means: (a) crude oils of a density at 15 °C of over 900 kg/m 3 ( 9 ); (b) oils other than crude oils and of a density at 15 °C of over 900 kg/m 3 or a kinematic viscosity at 50 °C of over 180 mm 2 /s ( 10 ); (c) bitumen and tar and emulsions thereof. 12. ‘heavy grades of oil’ means: (a) crude oils of a density at 15 °C of over 900 kg/m 3 ( 9 ); (b) oils other than crude oils and of a density at 15 °C of over 900 kg/m 3 or a kinematic viscosity at 50 °C of over 180 mm 2 /s ( 10 ); (c) bitumen and tar and emulsions thereof.
Article 4 Compliance with the double hull or equivalent design requirements by single hull oil tankers
1. No oil tanker shall be allowed to operate under the flag of a Member State, nor shall any oil tanker, irrespective of its flag, be allowed to enter into ports or offshore terminals under the jurisdiction of a Member State after the anniversary of the date of delivery of the ship in the year specified hereafter, unless such tanker is a double hull oil tanker: (a) for category 1 oil tankers: — 2003 for ships delivered in 1980 or earlier, — 2004 for ships delivered in 1981, — 2005 for ships delivered in 1982 or later; (a) for category 1 oil tankers: — 2003 for ships delivered in 1980 or earlier, — 2004 for ships delivered in 1981, — 2005 for ships delivered in 1982 or later; (b) for category 2 and 3 oil tankers: — 2003 for ships delivered in 1975 or earlier, — 2004 for ships delivered in 1976, — 2005 for ships delivered in 1977, — 2006 for ships delivered in 1978 and 1979, — 2007 for ships delivered in 1980 and 1981, — 2008 for ships delivered in 1982, — 2009 for ships delivered in 1983, — 2010 for ships delivered in 1984 or later. (b) for category 2 and 3 oil tankers: — 2003 for ships delivered in 1975 or earlier, — 2004 for ships delivered in 1976, — 2005 for ships delivered in 1977, — 2006 for ships delivered in 1978 and 1979, — 2007 for ships delivered in 1980 and 1981, — 2008 for ships delivered in 1982, — 2009 for ships delivered in 1983, — 2010 for ships delivered in 1984 or later. 2. Notwithstanding paragraph 1, oil tankers of category 2 or 3 which are equipped only with double bottoms or double sides not used for the transport of oil and extending for the whole length of the cargo tank, or with double-hulled spaces not used for the transport of oil and extending for the whole length of the cargo tank, but which do not meet the conditions for exemption from the provisions of Regulation 20.1.3 of Annex I to Marpol 73/78 , may continue to be operated after the date referred to in paragraph 1, but not beyond the anniversary of the date of delivery of the ship in the year 2015 or the date on which the ship reaches the age of 25 years from its date of delivery, whichever is the sooner. 3. No oil tanker carrying heavy grades of oil shall be allowed to fly the flag of a Member State unless such tanker is a double-hull tanker. No oil tanker carrying heavy grades of oil, irrespective of its flag, shall be allowed to enter or leave ports or offshore terminals or to anchor in areas under the jurisdiction of a Member State, unless such tanker is a double-hull oil tanker. 4. Oil tankers operated exclusively in ports and inland navigation may be exempted from the obligation under paragraph 3 provided that they are duly certified under inland waterway legislation. 5. Oil tankers with a deadweight of less than 5 000 tonnes must comply with the provisions of paragraph 3 no later than the anniversary of the date of delivery of the ship in the year 2008. 6. Until 21 October 2005 a Member State may, in cases where ice conditions require the use of an ice-strengthened vessel, allow ice-strengthened single-hull oil tankers, equipped with double bottoms not used for the transport of oil and extending over the entire length of the cargo tank, carrying heavy grades of oil, to enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of that Member State, provided that the heavy grades of oil are transported only in the vessel's central tanks.
Article 5 Compliance with the condition assessment scheme for Category 2 and 3 ships
Irrespective of its flag, a single-hull oil tanker above 15 years of age shall not be allowed to enter or leave ports or offshore terminals or anchor in areas under the jurisdiction of a Member State beyond the anniversary of the date of delivery of the ship, in 2005 for category 2 and category 3 ships, unless it complies with the condition assessment scheme referred to in Article 6.
Article 6 Condition assessment scheme
For the purposes of Article 5, the condition assessment scheme adopted by MEPC Resolution 94(46) of 27 April 2001 as amended by MEPC Resolution 99(48) of 11 October 2002 and by MEPC Resolution 112(50) of 4 December 2003 , as amended, shall apply.
Article 7 Final date
After the anniversary of the date of delivery of the ship in 2015: — the continued operation, in accordance with Regulation 20.5 of Annex I to Marpol 73/78 , of Category (2) and Category (3) oil tankers under the flag of a Member State, and — the entry into the ports or offshore terminals under the jurisdiction of a Member State of other Category (2) and Category (3) oil tankers, irrespective of the fact that they continue to operate under the flag of a third State in accordance with Regulation 20.5 of Annex I to Marpol 73/78 , shall no longer be allowed.
Article 8 Exemptions for ships in difficulty or for ships to be repaired
1. By way of derogation from Articles 4, 5 and 7, the competent authority of a Member State may, subject to national provisions, allow, under exceptional circumstances, an individual ship to enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of that Member State, when: — an oil tanker is in difficulty and in search of a place of refuge, — an unloaded oil tanker is proceeding to a port of repair. 2. Member States shall, in due time, but before 1 September 2002, communicate to the Commission the provisions of national law which they will apply in the circumstances referred to in paragraph 1. The Commission shall inform the other Member States thereof.
Article 9 Notification to the IMO
1. The Presidency of the Council, acting on behalf of the Member States, and the Commission shall jointly inform the IMO of the adoption of this Regulation, whereby reference shall be made to Article 211, paragraph 3 of the United Nations Convention on the Law of the Sea. 2. Each Member State shall inform the IMO of its decision to deny entry of oil tankers, pursuant to Article 7 of this Regulation, operating in accordance with Regulation 20.5 of Annex I to Marpol 73/78 into the ports or offshore terminals under its jurisdiction, on the basis of Regulation 20.8.2 of Annex I to Marpol 73/78 . 3. Each Member State shall notify the IMO if it allows, suspends, withdraws or declines the operation of a Category (1) or a Category (2) oil tanker entitled to fly its flag, in accordance with Article 5, on the basis of Regulation 20.8.1 of Annex I to Marpol 73/78 .
Article 10 
Committee procedure 1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council ( 11 ). 2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 11 Amendment procedure
The Commission may amend the references in this Regulation to the Regulations of Annex I to MARPOL 73/78, as well as to Resolutions MEPC 111(50) and 94(46) as amended by MEPC Resolutions 99(48) and 112(50), in order to align the references with amendments to those Regulations and Resolutions adopted by the IMO, in so far as such amendments do not broaden the scope of this Regulation. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2). The amendments to the international instrument referred to in Article 3(1) may be excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002.
Article 12 Repeal
Council Regulation (EC) No 2978/94 is hereby repealed as from 31 December 2007.
Article 13 Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities . It shall apply from 1 September 2002. This Regulation shall be binding in its entirety and directly applicable in all Member States.