European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Directive 1999/32/EC as regards the sulphur content of marine fuels (COM(2002) 595 – C5-0558/2002 – 2002/0259(COD))
(Codecision procedure: first reading)
The European Parliament
– having regard to the Commission proposal to the European Parliament and the Council and the amendments to the proposal (COM(2002) 595)(1)
– having regard to Article 251(2) and Article 175 (1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0558/2002),
– having regard to Rule 67 of its Rules of Procedure,
– having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on Regional Policy, Transport and Tourism (A5-0151/2003),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
Positon of the European Parliament adopted at first reading on 4 June 2003 with a view to the adoption of European Parliament and Council Directive
amending Directive 1999/32/EC as regards the sulphur content of marine fuels
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission(1)
Having regard to the opinion of the Economic and Social Committee(2)
Having regard to the opinion of the Committee of the Regions(3)
Acting in accordance with the procedure laid down in Article 251 of the Treaty(4)
(1) The Community's environmental policy, as set out in the action programmes on the environment and in particular in the Sixth Environmental Action Programme(5)
on the basis of principles enshrined in Article 174 of the Treaty, aims to achieve levels of air quality that do not give rise to unacceptable impacts on, and risks to, human health and the environment.
(2) Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels(6), lays
down the maximum permitted sulphur content of heavy fuel oil, gas oil and marine gas oil used in the Community.
(3) Article 7(3) of Directive 1999/32/EC calls upon the Commission to consider which measures could be taken to reduce the contribution to acidification of the combustion of marine fuels other than marine gas oils and, if appropriate, make a proposal.
(4) Emissions from shipping due to the combustion of marine fuels with a high sulphur content contribute to air pollution in the form of sulphur dioxide and particulate matter harming human health, damaging the environment, public and private property and cultural heritage
and contributing to acidification.
(5)Emissions from shipping also contribute to global warming, ozone formation and eutrophication.
(6)Emissions from shipping should be included within the scope of European Parliament and Council Directive 2001/81/EC of 23 October 2001 on national emission ceilings for certain atmospheric pollutants(7)
(7)Human beings and the natural environment in coastal areas and in the vicinity of ports are particularly affected by pollution from ships with high-sulphur fuels. Specific measures are therefore required in this regard.
(8)Ships that run on low-sulphur fuel have advantages in terms of operating efficiency and maintenance costs.
(9)New technologies, in particular exhaust gas technology (e.g. SCR-catalytic converters), require low-sulphur fuel.
(10)Article 299 of the Treaty requires that consideration be given to the special characteristics of the outermost regions of the Community, namely the French overseas departments, the Azores, Madeira and the Canary Islands.
) Annex VI of the 1997 Protocol to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (hereinafter "MARPOL Annex VI") drawn up by the International Maritime Organization (IMO) regulates the prevention of air pollution from ships and makes provision for certain areas to be designated as Sulphur Oxide Emission Control Areas (hereinafter "SOx Emission Control Areas"). To date, the Baltic Sea, the North Sea and the English Channel have been so designated.
) MARPOL Annex VI will not enter into force until ratified by at least 15 States representing at least 50% of world merchant shipping tonnage, and the IMO in its Assembly resolution A.929(22) urged governments to ratify Annex VI and in its Assembly resolution A.926(22) called upon Governments, particularly of States in whose territory SOx Emission Control Areas have been designated, to ensure the availability of low-sulphur
bunker fuel oil in areas within their jurisdiction.
) The Marine Environment Protection Committee of the IMO has adopted guidelines for the sampling of fuel oil for determination of compliance with MARPOL Annex VI. Uniform sampling and dissuasive penalties throughout the European Union are necessary to ensure due implementation of the Directive.
) Under MARPOL Annex VI, the IMO is to develop guidelines on exhaust gas cleaning systems and other technological methods to limit SOx emissions in SOx Emission Control Areas.
(15)Given the global nature of shipping, every effort should be made to find international solutions. The Commission and the Member States should campaign more forcefully for the provisions of this Directive to be incorporated into the IMO framework. In further negotiations they should try, in particular, to secure at IMO level a worldwide reduction in the maximum authorised sulphur content of marine fuel. The Commission should also examine the merits of designating as SOx Emission Control Areas other Community sea areas, e.g. the Mediterranean, the Northeast Atlantic and the Black Sea, in Annex VI of the MARPOL Convention.
) Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(8)
recasts Directive 88/609/EEC, and Directive 1999/32/EC shall be revised accordingly, as provided for under Article 3(4) of Directive 1999/32/EC
) A regulatory procedure is necessary for the adoption of future amendments adapting this Directive to scientific and technical progress.
) Directive 1999/32/EC should therefore be amended accordingly.
HAVE ADOPTED THIS DIRECTIVE:.
Directive 1999/32/EC is amended as follows:
(1) Article 1(2) is replaced by the following:
Reductions in the emissions of sulphur dioxide resulting from the combustion of certain petroleum-derived liquid fuels shall be achieved by imposing limits on the sulphur content of such fuels as a condition for their use within the territory of the Member States.
Limits on the sulphur content of marine fuels shall be imposed as a condition of their use by ships in certain parts of the Community. The marketing in Community territory of marine gas oils and diesel oils having a sulphur content higher than the levels specified in this Directive shall also be prohibited.
The limitations on the sulphur content of certain petroleum-derived liquid fuels as laid down in this Directive shall not, however, apply to:
fuels intended for the purposes of research and testing;
fuels intended for processing prior to final combustion;
fuels to be processed in the refining industry.
(2) Article 2 is amended as follows:
(a) In paragraph 1, the first indent is replaced by the following:
heavy fuel oil means:
any petroleum-derived liquid fuel falling within CN code 27101951 to 27101969*
(b) In paragraph 2, the first and second indents are replaced by the following:
gas oil means:
any petroleum-derived liquid fuel falling within CN code 27101945, 27101949 or 27101925 or 27101929*; or
any petroleum-derived liquid fuel, of which less than 65% by volume (including losses) distils at 250°C and of which at least 85% by volume (including losses) distils at 350°C by the ASTM D86 method. ________________________
* These CN codes are specified in the Common Customs Tariff as amended by Commission Regulation (EC) No 2031/2001 (OJ L 279, 23.10.2001, p. 1).
(c) Paragraph 3 is deleted and the following paragraphs 3.a. to 3.i.
marine fuel means any fuel intended for marine use as defined in ISO 8217;
marine diesel oil means any fuel intended for marine use which has a viscosity or density falling within the ranges of viscosity or density defined for DMB and DMC grades as defined in Table I of ISO 8217;
marine gas oil means any fuel intended for marine use which has a viscosity or density falling within the ranges of viscosity or density defined for DMX and DMA grades as defined in Table I of ISO 8217;
MARPOL Annex VI means the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto;
SOx Emission Control Areas means the Baltic Sea, North Sea and English Channel as designated by the International Maritime Organization under Regulation 14 of MARPOL Annex VI;
passenger ships means ships which carry more than 12 passengers, where a passenger is every person other than:
(i) the master and the members of the crew or other person employed or engaged in any capacity on board a ship on the business of that ship;
(ii) a child under one year of age;
regular services means a series of passenger ship crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either: – (i) according to a published timetable; or
(ii) with crossings so regular or frequent that they constitute a recognisable schedule;
ships at berth means ships which are securely moored alongside their allocated quayside, jetty or offshore unloading location
while they are loading, unloading or hotelling, including the time spent when not engaged in cargo operations in Community ports;
Inland waterways means a navigable, non-tidal waterway or river the movement or environment of which is not influenced in any way by the seas or oceans.
(3) Article 3 is replaced by the following:
Maximum sulphur content of heavy fuel oil
1. Member States shall take all necessary steps to ensure that as from 1 January 2003 within their territory heavy fuel oils are not used if their sulphur content exceeds 1,00% by mass.
2.(i) Subject to appropriate monitoring of emissions by competent authorities this requirement shall not apply to heavy fuel oils used:
in combustion plants which fall within the scope of Directive 2001/80/EC, which are considered new in accordance with the definition given in Article 2(9) thereof and which comply with the sulphur dioxide emission limits for such plants set out in Article 4 of that Directive and Annex VI thereto;
in combustion plants which fall within the scope of Directive 2001/80/EC, which are considered existing in accordance with the definition given in Article 2(10) thereof, where the sulphur dioxide emissions from these combustion plants are equal to or less than 1700 mg/Nm³ at an oxygen content in the flue gas of 3% by volume on a dry basis, and where, from 1 January 2008, the emissions of sulphur dioxide from combustion plants subject to Article 4(3)(a) of Directive 2001/80/EC are equal to or less than those resulting from compliance with the emission limit values for new plants contained in Part A of Annex IV to that Directive and where appropriate applying Articles 5, 7 and 8 thereof;
in other combustion plants which do not fall under (a) or (b), where the sulphur dioxide emissions from those combustion plants are equal to or less than 1700 mg/Nm³ at an oxygen content in the flue gas of 3% by volume on a dry basis;
for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all plants in the refinery, irrespective of the type of fuel or fuel combination used, are within a limit to be set by each Member State, which shall not exceed 1700 mg/Nm³. This shall not apply to combustion plants which fall under (a) or, from 1 January 2008, to those which fall under (b).
(ii) Member States shall take the necessary measures to ensure that any combustion plant using heavy fuel oil with a sulphur concentration greater than that referred to in paragraph 1 shall not be operated without a permit issued by a competent authority, which specifies the emission limits.
3. The provisions of paragraph 2 shall be reviewed and if appropriate, revised in the light of any future revision of Directive 2001/80/EC.
(4) Article 4 is amended as follows.
(a) In paragraph 1, the words "including marine gas oils" are deleted.
(b) Paragraphs 2, 3 and 4 are
(5) The following Article 4a is inserted:
Maximum sulphur content of marine fuels used in the European Community (first phase)
1. Member States bordering SOx Emission Control Areas shall take all necessary steps to ensure that marine fuels are not used in the areas of their territorial seas, exclusive economic zones and pollution control zones falling within SOx Emission Control Areas if the sulphur content of those fuels exceeds 1.5% by mass. This shall apply to all vessels of all flags, including vessels whose journey began outside the Community, from […]*
2.Member States shall take all necessary steps to ensure that from 31 December 2010, marine fuels are not used in the areas of their territorial seas and exclusive economic zones falling outside SOx Emission Control Areas if the sulphur content of those fuels exceeds 1.5% by mass. This shall apply to all vessels of all flags, including vessels whose journey began outside the Community.
. Member States shall take all necessary steps to ensure that from [...]*
, marine fuels are not used by passenger ships operating on regular services to or from any Community port if the sulphur content of those fuels exceeds 1.5% by mass. This shall apply to vessels of all flags.
. Member States shall take all necessary steps to ensure that from […]*
fuels containing no more than 1.5% sulphur by mass are made available in sufficient quantities to meet demand in all Community ports.
. From [...]*
, Member States shall require the correct completion of ships" logbooks, including fuel-changeover operations, as a condition of ships" entry into Community ports.
. Member States shall ensure that from […]*
sulphur content of all marine fuels sold in their territory is documented by the supplier on a bunker delivery note, signed by the representative of the receiving ship and
accompanied by a sealed sample.
. Member States shall ensure that marine diesel oils are not sold in their territory as from […]*
if the sulphur content of those marine diesel oils exceeds 1.5% by mass.
8.By way of derogation from paragraph 7, the marketing of marine diesel oils with a sulphur content in excess of 1.5% by mass may be authorised in the outermost regions of the Community as defined in Article 299 of the Treaty, provided that Member States ensure that air quality standards are met in those regions.
* Six months after the entry into force of this Directive
(6)The following Article 4aa is inserted:
Maximum sulphur content of marine fuels used in the European Community (second phase)
1.Member States bordering SOx Emission Control Areas shall take all necessary steps to ensure that from 31 December 2008, marine fuels are not used in the areas of their territorial seas, exclusive economic zones and pollution control zones falling within SOx Emission Control Areas if the sulphur content of those fuels exceeds 0.5% by mass. This shall apply to all vessels of all flags, including vessels whose journey began outside the Community.
2.Member States shall take all necessary steps to ensure that from 31 December 2012, marine fuels are not used in the areas of their territorial seas and exclusive economic zones falling outside SOx Emission Control Areas if the sulphur content of those fuels exceeds 0.5% by mass. This shall apply to all vessels of all flags, including vessels whose journey began outside the Community.
3.Member States shall take all necessary steps to ensure that from 31 December 2008, marine fuels are not used by passenger ships operating on regular services to or from any Community port if the sulphur content of those fuels exceeds 0.5% by mass. This shall apply to vessels of all flags.
4.Member States shall take all necessary steps to ensure that from 31 December 2008, marine fuels containing no more than 0.5% sulphur by mass are made available in sufficient quantities to meet demand in all Community ports.
) The following Article 4b is inserted:
Maximum sulphur content of marine fuels used by ships on inland waterways and at berth in Community ports
1. Member States shall take all necessary steps to ensure that marine fuels are not used by any ships on inland waterways or by any ships at berth in Community ports as from:
[…]* if their sulphur content exceeds 0.20% by mass
1 January 2008 if their sulphur content exceeds 0.10% by mass.
2.Seagoing vessels whose journey began outside the Community may be exempt from the requirements of paragraph 1 while in territorial seas, if it can be demonstrated that appropriate fuel was not available in their previous port of call. Paragraph 1 shall, however, apply to such vessels upon arrival at berth in Community ports.
. Member States shall ensure that marine gas oils are not sold in their territory if the sulphur content of those marine gas oils exceeds the limits set out in paragraph 1.
4.Paragraphs 1 and 3 shall apply as from 2010 to fuels used in the boilers of tankers to produce steam for driving unloading pumps.
entry into force of this Directive
(8)The following Article 4ba is inserted:
Pilot trials of new abatement technologies
1.Taking into account any IMO guidelines on exhaust gas cleaning systems and other technological methods to limit SOx emissions, the Commission shall permit pilot trials of abatement technologies under development in order to collect data on their performance. During these trials the use of low-sulphur marine fuel in the vessels involved, as required under Articles 4a and 4b, shall not be mandatory. The Commission shall have the right to withdraw these permits at any time in accordance with the procedure laid down in Article 9a.
These permits shall generally not exceed 18 months in duration, provided that sufficient and representative data can be collected on the effectiveness of the abatement technology and its impact on the marine environment.
The effectiveness and durability of the abatement technology and its impact on the marine environment shall be verified by an external expert body that is independent from the relevant industries.
Beyond the initial trial period the use of such abatement technologies shall continue to be subject to long-term continuous monitoring and periodic evaluation as to their effectiveness and their impact on local air quality and the marine environment, taking into account the specificities of shallow waters.
2.Following the trials referred to in paragraph 1, the Commission shall consider, in accordance with the procedure laid down in Article 9a, which, if any, other abatement technologies might be permissible as an alternative or complement to the use of low-sulphur (0.5% or 0.2%) marine fuels, required under Articles 4aa and 4b, and shall submit proposals in accordance with Article 7a. On the basis of decisions and guidelines adopted under MARPOL Annex VI, the Commission may allow other abatement technologies as an alternative or complement to 1.5% sulphur marine fuels.
3.In carrying out its tasks pursuant to this Article, the Commission shall ensure that:
an environmental benefit as compared to the use of such low sulphur fuels can be clearly demonstrated: the vessels using abatement technologies shall achieve emission levels significantly lower than those that would result from adhering to the requirements imposed on sulphur limits in fuel, i.e. at least 25% lower;
all vessels using alternative abatement technologies are fitted with continuous monitoring equipment of funnel gas emissions to attain the required level of emission reductions;
proper waste management systems are in place for the waste generated by the abatement technologies; and
the abatement technologies have no negative effects on the marine environment, taking into account the specificities of shallow waters.
) Article 6 is amended as follows.
(a)The title is replaced by the following:
Monitoring and penalties
) The following paragraph 1a.
. For marine fuels, Member States shall take all necessary measures to check that the sulphur content of marine fuels marketed in the Community and used
by all ships in Community sea areas, ports
and inland waterways
by passenger ships on regular services to or from any Community ports complies with the relevant provisions of Articles 4a, 4aa and 4b.
Each of the following means of sampling, analysis and inspection shall be used:
sampling and analysis of the sulphur content of fuel oil for combustion purposes during delivery
for use on board ships, following IMO guidelines;
sampling and analysis of the sulphur content of fuel oil contained in tanks and in sealed bunker samples on board ships;
inspection of ships" log books and bunker delivery notes.
The sampling shall commence from
the date on which the relevant limit for maximum sulphur content in the fuel comes into force. It shall be carried out with sufficient frequency, in adequate
quantities, and in such a way that the samples are representative of the fuel examined, and of the fuel being used by ships while in Community sea areas, ports and inland waterways. As a minimum, 50% of the samples taken shall be inspected.
Member States shall lay down the rules on effective penalties applicable to infringements of the monitoring and sampling provisions and shall take all necessary measures to ensure that they are proportionate and implemented in a dissuasive manner.
The European Maritime Safety Agency (EMSA) shall include reporting on air pollution within its mandate for preventing pollution from ships. More specifically, EMSA shall assist Member States and the Commission in monitoring the effective implementation of this Directive.
) In paragraph 2, point (a) is replaced by the following:
ISO method 8754 (1992) and PrEN ISO 14596 for heavy fuel oil and marine fuels;
) Article 7 is replaced by the following:
Reporting and review
1. On the basis of the results of the sampling, analysis and inspections carried out in accordance with Article 6, Member States shall by 30 June of each year provide the Commission with a short report on the sulphur content of the liquid fuels falling within the scope of this Directive and used within their territory during the preceding calendar year. That report shall include a record of the total number of samples tested by fuel type (heavy fuel oil
, gas oil, marine heavy fuel oil, marine diesel oil, marine gas oil), and shall indicate the corresponding quantity of fuel used, and the calculated average sulphur content. Member States shall also report on the number of inspections made on board ships, and record the average sulphur content of marine fuels used in their territory which do not currently fall within the scope of the Directive.
2. On the basis inter alia of the annual reports submitted and
the observed trends, in particular,
in air quality, particulate emissions,
acidification and damage to buildings and cultural heritage
, the Commission, shall, by 31 December 2008
, submit a report to the European Parliament and to the Council containing
proposals for the revision of
this Directive, including proposals to revise
the limit values laid down for each fuel category and to reduce other forms of air pollution from seagoing vessels, including full specifications for marine fuel in accordance with European Parliament and Council Directive 98/70/EC of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC*. In doing so, account shall be taken in particular of the potential operational cost savings generated by ships using marine fuels with a lower sulphur content, the need for new engine technologies and the need to reduce the costs of environmental damage. The Commission shall also submit to the European Parliament and the Council a report on the measures taken to anchor the provisions of this Directive in the MARPOL Convention.
amendments necessary to adapt the provisions of this Directive to scientific and technical progress shall be adopted in accordance with the procedure laid down in Article 9a but may not result in any direct or indirect changes to fuel sulphur limits.
* OJ L 350, 28.12.1998, p. 58. Directive as last modified by Directive 2003/17/EC (OJ L 76, 22.3.2003, p. 10).
The following Article 7a is inserted:
" Article 7a Economic instruments 1.On the basis of the results of pilot trials and other studies carried out, the Commission shall, not later than 31 December 2007, submit a report to the European Parliament and to the Council with proposals for the revision of this Directive. 2.The revision may include proposals for economic instruments, including, inter alia, mechanisms such as differentiated dues and kilometre charges, tradable emission permits and offsetting. 3.If the pilot trials referred to in Article 4ba prove successful, possible proposals on offsetting shall include mechanisms whereby ship operators or groups of ship operators operating vessels which fall under Article 4aa using abatement technologies shall be able to offset SOx emissions from modified ships against non-modified ships. Such schemes shall only be permitted if an environmental benefit as compared to the use of low sulphur marine fuels (0.5%) can be clearly demonstrated. Following the conditions set out in Article 4ba(2), this may also apply to the vessels falling under Article 4a. 4.Discharge of liquids from these systems shall only be permitted, where it has been proven that such waste streams have no adverse impact on eco-systems. 5.Seagoing vessels utilising abatement technologies shall in addition be exempted from the requirements of Article 4b:
if the performance of the system and the net air emissions in territorial sea waters (in the case of offsetting) is equal to or better than vessels not using such technologies when using 0.2% low sulphur fuel, and
if it can be ensured that the local air quality benefits to the same degree that it would have from use of 0.2% low sulphur fuel in territorial waters.
) The following Article 9a is inserted:
1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.
2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC* shall apply, in compliance with Article 7(3) and Article 8 thereof.
3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
* Council Decision 1999/468/EC of 28 June 1999 (OJ L 184, 17.7.1999, p. 23).
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by […](9)
at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union