The common position was adopted by a qualified majority with the\nCypriot and Italian delegation voting against and the Swedish\ndelegation abstaining.
\nIn the Council's view, the common position constitutes a\nbalanced compromise where : - there is a coherent set of dates for\nentry into force of the Directive's provisions, taking into account\nthe now imminent entering into force of MARPOL Annex VI (in May\n2005); - no derogations laid down in conflict with the entering\ninto force of MARPOL Annex VI and the establishment of SOxECAs; -\nthe technical and practical problems of the new requirements for\nships at berth are taken into consideration in a reasonable manner,\nincluding the specific temporary derogation asked by Greece for\nsome Ro/Ro ferries.
\nIn its amended proposal, the Commission accepted in full, in\npart or in principle 30 of the 36 amendments proposed by the\nEuropean Parliament in its first reading. 21 amendments have now\nbeen incorporated, either verbatim or in spirit, in the common\nposition.
\nThe Council has now agreed to incorporate most of the\nParliamentary amendments which offered clarifications, and which\nproposed trials for exhaust gas cleaning. On implementation dates\nthere has been an important development since the Parliament's\nfirst reading: the International Maritime Organization's air\npollution convention, MARPOL Annex VI, has received enough\nratifications to enter into force. The implementation dates in the\nCommon Position have therefore been rescheduled to correspond with\nthe implementation dates in MARPOL Annex VI. With regard to second\nphase limits, the Council has agreed to include more specific text\nin the review clause (Article 7), proposing to press for tighter\nlimits at the IMO in the context of a revision of MARPOL Annex VI,\nand also proposing to bring forward the Commission's report on\neconomic instruments as a possible complementary measure.
\nThe Council also brought additional changes to the proposal,\nthese are as follows :
\n- four new exemptions have been introduced for fuels used by\nships which are: involved in military activities, securing the\nsafety of life at sea, damaged, or using approved abatement\ntechnologies.
\nIn Article 1(2), a number of new definitions are added, for\nMARPOL, Annex VI, warships, \"placing on the market\", \"outermost\nregions\", and \"abatement technology\";
\n- the repeal of the existing marine gas oil provisions is\ndelayed until 2010 (including the derogation for Greece and the\noutermost regions which will remain until then);
\n- the Article on SOxECAs and passenger ships, Member States'\nenforcement responsibilities are clarified, the provision requiring\nMember States to ensure the availability of compliant fuel is\ndeleted, and application dates are generally altered to be in line\nwith MARPOL Annex VI, or 12 months after entry into force of the\ndirective, whichever is later;
\n- the low sulphur fuel requirement for ships at berth and inland\nvessels is delayed until 1 January 2010. For ships at berth,\nflexibility is introduced \"allowing sufficient time\"for fuel\nswitching, short-stay vessels are exempted, and a two-year\nderogation is allowed for 16 Greek passenger vessels. Inland\nwaterway vessels are exempted while at sea;
\n- much fuller text is included on the trials and use of new\nabatement technologies, including revised comitology procedures for\ntheir approval;
\n- the Article on sampling and analysis is slightly shortened and\nthe drafting is clarified;
\n- the Commission report is brought forward to 2008, and its\nbasis is revised to include trends in fuel costs, modal shift,\nprogress at IMO and a new cost-benefit analysis of the passenger\nvessel provision. It may be accompanied by proposals for second\nstage sulphur limit values. A separate report on economic\ninstruments is called for by 2005. The scope of the comitology\nprocedure is limited;
\n- the Article establishing the regulatory committee is slightly\nredrafted.
\nThe changes introduced by the Council help to clarify the\nproposal and to bring its implementation into line with the IMO\nconvention MARPOL Annex VI. They also promote the development of\nalternative technologies and economic instruments, and the\nconsideration of tighter second phase limits at IMO and in the EU.\nThe Commission therefore supports the Common Position adopted by\nqualified majority.
\nThe committee\nadopted the report by Satu HASSI (Greens/EFA, FIN) amending the\nCouncil's common position under the 2nd reading of the codecision\nprocedure. It reinstated, sometimes in\nslightly modified form, the main demands adopted by the previous\nParliament at 1st reading in 2003:
\n- the 1.5% sulphur\nlimit should be applicable to marine fuels used throughout the\nEuropean Community and not just in the Baltic, the North Sea and\nthe English Channel - designated as SOx Emission Control Areas\n(SECAs) - or by passenger ships in regular service to or from\nCommunity ports;
\n- the 1.5% limit should\napply in a first phase, starting 12 months after the directive\nenters into force, to be followed by a second phase (also\napplicable to passenger ships in regular service to or from\nCommunity ports) lowering the limit to 0.5% with effect from 1\nJanuary 2010;
\n- as the southern sea\nareas have not yet been designated as SECAs, they should be subject\nto a longer time-frame, with the first phase starting as from 1\nJanuary 2012 and the second phase from 1 January 2014;
\n- the limits would\napply to all vessels of all flags, including vessels whose journey\nbegan outside the Community;
\n- in the first phase,\nMember States should ensure that, as from 19 May 2006 or 12 months\nafter the entry into force of the directive, whichever is the\nearlier, marine fuels with a sulphur content not exceeding 1.5% by\nmass are made available in sufficient quantities to meet demand in\nall Community ports. The same requirement would apply in respect of\nmarine fuel with the lower sulphur content (0.5%) from the starting\ndate of the second phase (1 January 2010);
\n-in the case of\npassenger ships in regular service to or from any Community port,\nMember States would be responsible for enforcing the requirements\nat least in respect of vessels flying their flag and vessels of all\nflags while in their ports. They would also have to take\n\"additional enforcement action in respect of other vessels in\naccordance with international maritime law\";
\n
\n - Member States should provide for effective penalties applicable\nto infringements of the monitoring and sampling provisions;
- the Commission should put forward proposals by 2008 to reduce\nother forms of air pollution from seagoing ships, including a\nproposal for an EU directive setting full quality standards for\nmarine fuels along the lines of the 1998 directive on petrol and\ndiesel fuels.
\n
\n
\n
\n
The European Parliament adopted a resolution based on the report by Satu HASSI\n(Greens/EFA, FI) and agreed on the text of compromise amendments\nreached in informal negotiations with the Council. The final outcome is, however, less ambitious than that\nenvisaged in the environment committee.
\nThe directive aims to reduce the sulphur content in\nmarine fuels to 1.5% by 2007 (2 years after the entry into force of\nthe directive). It will apply to all vessels in the Baltic, the\nNorth Sea and the English Channel, and passenger ships in all EU\nwaters. The figure must be reduced to 0.5% in port areas where\nships will be required to switch off all engines and use shore-side\nelectricity while at berth in ports. A new recital states that\nhuman beings and the natural environment\nin coastal areas and in the vicinity of ports are particularly\naffected by pollution from ships with high sulphur fuels. Specific\nmeasures are therefore required in this regard.
\nWhilst the environment Committee had hoped to fix a\nsecond phase for new limits to come in by 2010, following\nnegotiations with Council, a revision clause has been introduced.\nThe compromise text states that the Commission should draw up a\nreport by 2008, and that, in the light of progress made, and\nfollowing a cost-benefit analysis, it \"will closely examine the\nproposals to reduce, if possible, the limits to 0.5%\" in zones\nunder the auspices of the International Maritime Organisation\n(IMO). A new limit value, less than 0.5%, could then be\nconsidered. The Commission may consider\nsubmitting proposals on economic instruments as alternative or\ncomplementary measures in the context of the 2008 review, provided\nthat environmental and health benefits can be clearly\ndemonstrated.
\nA new recital states that the Directive should be seen as the first step in an\nongoing process to reduce marine emissions, offering perspectives\nfor further emission reductions through lower fuel sulphur limits\nand abatement technologies, and for economic instruments to be\ndeveloped as an incentive to achieve significant\nreductions.
\nThe 13 amendments adopted by the\nParliament were all part of a compromise package agreed with the\nCouncil. They do not change the fuel sulphur limits agreed in the\nCommon Position. The Commission can accept all of the amendments in\nfull.
\nThe Commission accepts the\nfollowing amendments concerning recitals on: minor rewording of the\nenvironmental and health justifications for directive; deletion of\nunnecessary text in relation to national emissions ceilings;\ncalling for more efforts to be made to find international\nsolutions); indicating the directive is the first step in an\nongoing process and strengthening existing text on the availability\nof low sulphur fuel.
\nWith regard to the substantive\nprovisions, the Commission accepts the following\namendments:
\n- clarifying the entry into force\ndate for the North Sea SOx Emission Control Area;
\n- reflecting International\nMaritime Organization (IMO) requirements to help ensure the\navailability of compliant fuel;
\n- exempting ships which use\nshore-side electricity from the 0.1% fuel sulphur limit at\nberth;
\n- requiring continuous emissions\nreductions and monitoring for ships using exhaust gas cleaning as\nan alternative means of compliance;
\n- requiring the Commission review\nin 2008 to consider proposals to designate new IMO SOx Emission\nControl Areas in EU seas, and to reduce the sulphur limit in these\nareas down to a possible 0.5%, taking into account technological\ndevelopments and a cost-effectiveness analysis; and
\n- stating that with its review,\nthe Commission may consider submitting proposals on economic\ninstruments as alternative or complementary measures.
\nPURPOSE : to reduce the sulphur content of marine\nfuel, thereby reducing the impact of ships' emissions of sulphur\ndioxide (SOx) and particulate matter on acidification and human\nhealth.
\nLEGISLATIVE ACT : Directive 2005/33/EC of the European\nParliament and of the Council amending Directive 1999/32/EC as\nregards the sulphur content of marine fuels.
\nCONTENT : the Council adopted, by qualified majority,\na Directive limiting the sulphur content of liquid fuels used on\nboard seagoing vessels.
\nThe main purpose of the Directive is to extend the\nscope of Directive 1999/32/EC, which lays down the maximum\npermitted sulphur content of heavy fuel oil, gas oil and marine gas\noil used in the Community, to all petroleum-derived liquid fuels\nused on board ships operating in Member States' waters. The new\nprovisions should lead to a substantial reduction in sulphur\ndioxide emissions (over 500 000 tonnes per year), to the benefit of\nhighly populated ports and coastlines and acid-sensitive\necosystems.
\nAmong other things, the Directive will:
\n- remove existing derogations relating to marine gas\noil;
\n- give effect to the 1,5% sulphur limit applying\nwithin SOx emission control areas agreed through the International\nMaritime Organization;
\n- apply the same limit to all passenger ships\noperating on regular services to or from Community\nports;
\n- require ships at berth in Community ports to use\nfuel containing no more than 0,1% sulphur;
\n- provide for the use of approved abatement\ntechnologies as an alternative to low-sulphur fuel.
\nThe Directive also takes account of the new rules laid\ndown by the MARPOL Convention regarding
\nthe prevention of air pollution from ships, which\nentered into force in May 2005.
\nENTRY INTO FORCE : 11/08/2005.
\nDATE OF TRANSPOSITION : 11/08/2006.
\nThe Commission presents a\nCommunication reviewing the implementation of Directive 1999/32/EC\nrelated to the sulphur content of certain liquid fuels and on\nfurther pollutant mission reduction from maritime transport. It\nreports on progress made at the International Maritime Organization\n(IMO) since 2005 to reduce emissions of air pollutants, as well as\non follow-up actions at the EU-level as proposed by the Commission,\non the basis of the experience gained with the implementation of\nthe Directive since 2005 as called for by Parliament and Council.\nIt discuses the rationale to align the relevant EU legislation with\nthe latest IMO rules, the 2008 amendment to MARPOL Annex VI setting\nnew standards for lower sulphur fuels globally, but also more\nstringent limits in the established SOx Emission Control Areas.\nFurthermore, it presents a set of accompanying measures to promote\nand facilitate compliance. These measures include equivalent\nmethods, allowing the shipping industry to achieve compliance in a\ntechnology-neutral manner.
\nProgress at the IMO on\nair pollution: it is recalled that\npollution from maritime transport is regulated by Annex VI of the\nConvention for the Prevention of Marine Pollution from Ships\n(MARPOL 73/78) governed by the International Maritime Organization\n(IMO). Until 2008, the Convention allowed the use of marine fuels\nwith a sulphur content of up to 4.5% in all sea areas with the\nexception of specified sulphur emission control areas (SECAs) where\nthe maximum sulphur content was restricted to 1.5%. Following\ninternational calls for further action the IMO concluded a\nsignificant revision of the MARPOL Annex VI at the end of 2008, and\nprescribed a stepwise reduction of the sulphur content of fuels\nused in all seas to 0.50% as of 2020 and to 0.10% in SECAs as of\nJanuary 2015.
\nThe new provisions agreed\nin 2008 were a major step forward and emissions of SO2 from\nmaritime transport are expected to decrease by more than 90% in\nSECAs and by more than 75% in other sea areas bordering the EU.\nEmissions of particulate matter (PM2.5) are predicted to decrease\nby more than 60% and 75% in SECAs and other sea areas respectively.\nThe associated benefits of the 2008 MARPOL agreement are estimated\nto range at least between EUR 15 to EUR 34 billion per annum in\n2020 due to improved health and reduced mortality in the EU. The\ncosts of implementing the revision range from EUR 2.6 to EUR 11\nbillion.
\nRevision of Directive\n1999/32/EC: following the IMO MARPOL Annex VI amendment agreed at\nthe end of 2008, there are significant discrepancies in the\nDirective that need to be addressed, and a full alignment of the\nDirective with the new IMO provisions related to the sulphur\ncontent of fuels is proposed.
\nThis includes the\nincorporation of the stricter sulphur standards applying in\nSECAs and other sea areas and the adaptation of EU rules to the\nIMO provisions on alternative compliance methods. Such alternative\nor equivalent measures will allow operators to choose the most\nappropriate solution, including the use of exhaust gas cleaning\nsystems or alternative fuels such as LNG, provided they deliver the\nsame emission reduction benefits compared to low-sulphur marine\nfuels. It will also boost innovation in green technologies\nas advocated by the EU 2020 strategy whilst enabling ship\noperators to reduce compliance costs by up to 90%
\nIn addition, certain\ntargeted adjustments to the EU monitoring and enforcement regimes\nare proposed given the increased risks for circumventing the\ntightened international rules on the sulphur content of fuels.\nHarmonised and strengthened EU monitoring and enforcement actions\nwill help deliver important health and environmental benefits as\nwell as contribute to the establishment of level playing field and\nfair competition internationally.
\nFurthermore, and based on\nthe outcome of the impact assessment, the Commission proposes to\nmaintain stricter standards for passenger ships operating outside\nSECAs to maintain the link between the stricter fuel standards in\nSECAs (now requiring maximum sulphur content of marine fuel of 1.5%\nand from 2015 - 0.1%) and those applying for passenger ships on a\nregular service outside SECAs (at the moment 1.5%). The\nintroduction of the stricter fuel standard for passenger ships\nwould be delayed by 5 years in comparison with SECAs in order to\navoid potential problems with fuel availability.
\nAccompanying\nmeasures: making use of the\nadditional technology-based compliance provided by the revised\nAnnex VI of MARPOL, and subsequently by the revised Directive, such\nas scrubbers, alternative fuels (LNG) and shore side electricity,\nwould require capital investments by the private as well public\nsector. Such investments may need to be incentivised notably when a\nwider set of sustainable shipping objectives going beyond\ncompliance with Marpol Annex VI are being pursued. A number of\nshort-term accompanying measures were identified to assist the\nsector:
\nRegarding the formulation\nof medium and longer-term accompanying measures, the\nCommission is developing a policy approach exploring hard and soft\nregulatory measures, green ship technology and alternative fuels,\nadequate green infrastructure, economic and funding instruments,\nresearch and innovation, and international cooperation. These\nmeasures will be put in place following the adoption of the White Paper outlining a Roadmap to a Single\nEuropean Transport Area, and the new TEN-T Policy\nand Guidelines.
\nNext\nsteps: the Commission has made an\ninitial assessment of additional measures to reduce emissions of\nSOx, particulate matter, and NOx, for example through extended\nSECAs and new NOx emission control areas (NECAs). These showed\npromising benefit/cost ratios but the Commission is not in a\nposition to make formal proposals to establish additional emission\ncontrol areas, which may only be established in EU law once they\nhave been agreed internationally by the IMO following the\nprocedures specified in the MARPOL Convention. Moreover, the\nCommission does not have the competence to submit proposals to the\nIMO and so the current Communication and legislative proposal\nrestricts itself to the previously established emissions control\nareas and the 2008 amendment of Annex VI of the MARPOL Convention.\nThe Commission notes with appreciation, however, that certain\nMember States are in the process of requesting the designation of\nNECAs, and it will work closely with those and other Member States,\nas part of the ongoing review of the EU Thematic Strategy on Air\nPollutiondue in 2013.
\nThe common position was adopted by a qualified majority with the\nCypriot and Italian delegation voting against and the Swedish\ndelegation abstaining.
\nIn the Council's view, the common position constitutes a\nbalanced compromise where : - there is a coherent set of dates for\nentry into force of the Directive's provisions, taking into account\nthe now imminent entering into force of MARPOL Annex VI (in May\n2005); - no derogations laid down in conflict with the entering\ninto force of MARPOL Annex VI and the establishment of SOxECAs; -\nthe technical and practical problems of the new requirements for\nships at berth are taken into consideration in a reasonable manner,\nincluding the specific temporary derogation asked by Greece for\nsome Ro/Ro ferries.
\nIn its amended proposal, the Commission accepted in full, in\npart or in principle 30 of the 36 amendments proposed by the\nEuropean Parliament in its first reading. 21 amendments have now\nbeen incorporated, either verbatim or in spirit, in the common\nposition.
\nThe Council has now agreed to incorporate most of the\nParliamentary amendments which offered clarifications, and which\nproposed trials for exhaust gas cleaning. On implementation dates\nthere has been an important development since the Parliament's\nfirst reading: the International Maritime Organization's air\npollution convention, MARPOL Annex VI, has received enough\nratifications to enter into force. The implementation dates in the\nCommon Position have therefore been rescheduled to correspond with\nthe implementation dates in MARPOL Annex VI. With regard to second\nphase limits, the Council has agreed to include more specific text\nin the review clause (Article 7), proposing to press for tighter\nlimits at the IMO in the context of a revision of MARPOL Annex VI,\nand also proposing to bring forward the Commission's report on\neconomic instruments as a possible complementary measure.
\nThe Council also brought additional changes to the proposal,\nthese are as follows :
\n- four new exemptions have been introduced for fuels used by\nships which are: involved in military activities, securing the\nsafety of life at sea, damaged, or using approved abatement\ntechnologies.
\nIn Article 1(2), a number of new definitions are added, for\nMARPOL, Annex VI, warships, \"placing on the market\", \"outermost\nregions\", and \"abatement technology\";
\n- the repeal of the existing marine gas oil provisions is\ndelayed until 2010 (including the derogation for Greece and the\noutermost regions which will remain until then);
\n- the Article on SOxECAs and passenger ships, Member States'\nenforcement responsibilities are clarified, the provision requiring\nMember States to ensure the availability of compliant fuel is\ndeleted, and application dates are generally altered to be in line\nwith MARPOL Annex VI, or 12 months after entry into force of the\ndirective, whichever is later;
\n- the low sulphur fuel requirement for ships at berth and inland\nvessels is delayed until 1 January 2010. For ships at berth,\nflexibility is introduced \"allowing sufficient time\"for fuel\nswitching, short-stay vessels are exempted, and a two-year\nderogation is allowed for 16 Greek passenger vessels. Inland\nwaterway vessels are exempted while at sea;
\n- much fuller text is included on the trials and use of new\nabatement technologies, including revised comitology procedures for\ntheir approval;
\n- the Article on sampling and analysis is slightly shortened and\nthe drafting is clarified;
\n- the Commission report is brought forward to 2008, and its\nbasis is revised to include trends in fuel costs, modal shift,\nprogress at IMO and a new cost-benefit analysis of the passenger\nvessel provision. It may be accompanied by proposals for second\nstage sulphur limit values. A separate report on economic\ninstruments is called for by 2005. The scope of the comitology\nprocedure is limited;
\n- the Article establishing the regulatory committee is slightly\nredrafted.
\nThe changes introduced by the Council help to clarify the\nproposal and to bring its implementation into line with the IMO\nconvention MARPOL Annex VI. They also promote the development of\nalternative technologies and economic instruments, and the\nconsideration of tighter second phase limits at IMO and in the EU.\nThe Commission therefore supports the Common Position adopted by\nqualified majority.
\nThe committee\nadopted the report by Satu HASSI (Greens/EFA, FIN) amending the\nCouncil's common position under the 2nd reading of the codecision\nprocedure. It reinstated, sometimes in\nslightly modified form, the main demands adopted by the previous\nParliament at 1st reading in 2003:
\n- the 1.5% sulphur\nlimit should be applicable to marine fuels used throughout the\nEuropean Community and not just in the Baltic, the North Sea and\nthe English Channel - designated as SOx Emission Control Areas\n(SECAs) - or by passenger ships in regular service to or from\nCommunity ports;
\n- the 1.5% limit should\napply in a first phase, starting 12 months after the directive\nenters into force, to be followed by a second phase (also\napplicable to passenger ships in regular service to or from\nCommunity ports) lowering the limit to 0.5% with effect from 1\nJanuary 2010;
\n- as the southern sea\nareas have not yet been designated as SECAs, they should be subject\nto a longer time-frame, with the first phase starting as from 1\nJanuary 2012 and the second phase from 1 January 2014;
\n- the limits would\napply to all vessels of all flags, including vessels whose journey\nbegan outside the Community;
\n- in the first phase,\nMember States should ensure that, as from 19 May 2006 or 12 months\nafter the entry into force of the directive, whichever is the\nearlier, marine fuels with a sulphur content not exceeding 1.5% by\nmass are made available in sufficient quantities to meet demand in\nall Community ports. The same requirement would apply in respect of\nmarine fuel with the lower sulphur content (0.5%) from the starting\ndate of the second phase (1 January 2010);
\n-in the case of\npassenger ships in regular service to or from any Community port,\nMember States would be responsible for enforcing the requirements\nat least in respect of vessels flying their flag and vessels of all\nflags while in their ports. They would also have to take\n\"additional enforcement action in respect of other vessels in\naccordance with international maritime law\";
\n
\n - Member States should provide for effective penalties applicable\nto infringements of the monitoring and sampling provisions;
- the Commission should put forward proposals by 2008 to reduce\nother forms of air pollution from seagoing ships, including a\nproposal for an EU directive setting full quality standards for\nmarine fuels along the lines of the 1998 directive on petrol and\ndiesel fuels.
\n
\n
\n
\n
The European Parliament adopted a resolution based on the report by Satu HASSI\n(Greens/EFA, FI) and agreed on the text of compromise amendments\nreached in informal negotiations with the Council. The final outcome is, however, less ambitious than that\nenvisaged in the environment committee.
\nThe directive aims to reduce the sulphur content in\nmarine fuels to 1.5% by 2007 (2 years after the entry into force of\nthe directive). It will apply to all vessels in the Baltic, the\nNorth Sea and the English Channel, and passenger ships in all EU\nwaters. The figure must be reduced to 0.5% in port areas where\nships will be required to switch off all engines and use shore-side\nelectricity while at berth in ports. A new recital states that\nhuman beings and the natural environment\nin coastal areas and in the vicinity of ports are particularly\naffected by pollution from ships with high sulphur fuels. Specific\nmeasures are therefore required in this regard.
\nWhilst the environment Committee had hoped to fix a\nsecond phase for new limits to come in by 2010, following\nnegotiations with Council, a revision clause has been introduced.\nThe compromise text states that the Commission should draw up a\nreport by 2008, and that, in the light of progress made, and\nfollowing a cost-benefit analysis, it \"will closely examine the\nproposals to reduce, if possible, the limits to 0.5%\" in zones\nunder the auspices of the International Maritime Organisation\n(IMO). A new limit value, less than 0.5%, could then be\nconsidered. The Commission may consider\nsubmitting proposals on economic instruments as alternative or\ncomplementary measures in the context of the 2008 review, provided\nthat environmental and health benefits can be clearly\ndemonstrated.
\nA new recital states that the Directive should be seen as the first step in an\nongoing process to reduce marine emissions, offering perspectives\nfor further emission reductions through lower fuel sulphur limits\nand abatement technologies, and for economic instruments to be\ndeveloped as an incentive to achieve significant\nreductions.
\nThe 13 amendments adopted by the\nParliament were all part of a compromise package agreed with the\nCouncil. They do not change the fuel sulphur limits agreed in the\nCommon Position. The Commission can accept all of the amendments in\nfull.
\nThe Commission accepts the\nfollowing amendments concerning recitals on: minor rewording of the\nenvironmental and health justifications for directive; deletion of\nunnecessary text in relation to national emissions ceilings;\ncalling for more efforts to be made to find international\nsolutions); indicating the directive is the first step in an\nongoing process and strengthening existing text on the availability\nof low sulphur fuel.
\nWith regard to the substantive\nprovisions, the Commission accepts the following\namendments:
\n- clarifying the entry into force\ndate for the North Sea SOx Emission Control Area;
\n- reflecting International\nMaritime Organization (IMO) requirements to help ensure the\navailability of compliant fuel;
\n- exempting ships which use\nshore-side electricity from the 0.1% fuel sulphur limit at\nberth;
\n- requiring continuous emissions\nreductions and monitoring for ships using exhaust gas cleaning as\nan alternative means of compliance;
\n- requiring the Commission review\nin 2008 to consider proposals to designate new IMO SOx Emission\nControl Areas in EU seas, and to reduce the sulphur limit in these\nareas down to a possible 0.5%, taking into account technological\ndevelopments and a cost-effectiveness analysis; and
\n- stating that with its review,\nthe Commission may consider submitting proposals on economic\ninstruments as alternative or complementary measures.
\nPURPOSE : to reduce the sulphur content of marine\nfuel, thereby reducing the impact of ships' emissions of sulphur\ndioxide (SOx) and particulate matter on acidification and human\nhealth.
\nLEGISLATIVE ACT : Directive 2005/33/EC of the European\nParliament and of the Council amending Directive 1999/32/EC as\nregards the sulphur content of marine fuels.
\nCONTENT : the Council adopted, by qualified majority,\na Directive limiting the sulphur content of liquid fuels used on\nboard seagoing vessels.
\nThe main purpose of the Directive is to extend the\nscope of Directive 1999/32/EC, which lays down the maximum\npermitted sulphur content of heavy fuel oil, gas oil and marine gas\noil used in the Community, to all petroleum-derived liquid fuels\nused on board ships operating in Member States' waters. The new\nprovisions should lead to a substantial reduction in sulphur\ndioxide emissions (over 500 000 tonnes per year), to the benefit of\nhighly populated ports and coastlines and acid-sensitive\necosystems.
\nAmong other things, the Directive will:
\n- remove existing derogations relating to marine gas\noil;
\n- give effect to the 1,5% sulphur limit applying\nwithin SOx emission control areas agreed through the International\nMaritime Organization;
\n- apply the same limit to all passenger ships\noperating on regular services to or from Community\nports;
\n- require ships at berth in Community ports to use\nfuel containing no more than 0,1% sulphur;
\n- provide for the use of approved abatement\ntechnologies as an alternative to low-sulphur fuel.
\nThe Directive also takes account of the new rules laid\ndown by the MARPOL Convention regarding
\nthe prevention of air pollution from ships, which\nentered into force in May 2005.
\nENTRY INTO FORCE : 11/08/2005.
\nDATE OF TRANSPOSITION : 11/08/2006.
\nThe Commission presents a\nCommunication reviewing the implementation of Directive 1999/32/EC\nrelated to the sulphur content of certain liquid fuels and on\nfurther pollutant mission reduction from maritime transport. It\nreports on progress made at the International Maritime Organization\n(IMO) since 2005 to reduce emissions of air pollutants, as well as\non follow-up actions at the EU-level as proposed by the Commission,\non the basis of the experience gained with the implementation of\nthe Directive since 2005 as called for by Parliament and Council.\nIt discuses the rationale to align the relevant EU legislation with\nthe latest IMO rules, the 2008 amendment to MARPOL Annex VI setting\nnew standards for lower sulphur fuels globally, but also more\nstringent limits in the established SOx Emission Control Areas.\nFurthermore, it presents a set of accompanying measures to promote\nand facilitate compliance. These measures include equivalent\nmethods, allowing the shipping industry to achieve compliance in a\ntechnology-neutral manner.
\nProgress at the IMO on\nair pollution: it is recalled that\npollution from maritime transport is regulated by Annex VI of the\nConvention for the Prevention of Marine Pollution from Ships\n(MARPOL 73/78) governed by the International Maritime Organization\n(IMO). Until 2008, the Convention allowed the use of marine fuels\nwith a sulphur content of up to 4.5% in all sea areas with the\nexception of specified sulphur emission control areas (SECAs) where\nthe maximum sulphur content was restricted to 1.5%. Following\ninternational calls for further action the IMO concluded a\nsignificant revision of the MARPOL Annex VI at the end of 2008, and\nprescribed a stepwise reduction of the sulphur content of fuels\nused in all seas to 0.50% as of 2020 and to 0.10% in SECAs as of\nJanuary 2015.
\nThe new provisions agreed\nin 2008 were a major step forward and emissions of SO2 from\nmaritime transport are expected to decrease by more than 90% in\nSECAs and by more than 75% in other sea areas bordering the EU.\nEmissions of particulate matter (PM2.5) are predicted to decrease\nby more than 60% and 75% in SECAs and other sea areas respectively.\nThe associated benefits of the 2008 MARPOL agreement are estimated\nto range at least between EUR 15 to EUR 34 billion per annum in\n2020 due to improved health and reduced mortality in the EU. The\ncosts of implementing the revision range from EUR 2.6 to EUR 11\nbillion.
\nRevision of Directive\n1999/32/EC: following the IMO MARPOL Annex VI amendment agreed at\nthe end of 2008, there are significant discrepancies in the\nDirective that need to be addressed, and a full alignment of the\nDirective with the new IMO provisions related to the sulphur\ncontent of fuels is proposed.
\nThis includes the\nincorporation of the stricter sulphur standards applying in\nSECAs and other sea areas and the adaptation of EU rules to the\nIMO provisions on alternative compliance methods. Such alternative\nor equivalent measures will allow operators to choose the most\nappropriate solution, including the use of exhaust gas cleaning\nsystems or alternative fuels such as LNG, provided they deliver the\nsame emission reduction benefits compared to low-sulphur marine\nfuels. It will also boost innovation in green technologies\nas advocated by the EU 2020 strategy whilst enabling ship\noperators to reduce compliance costs by up to 90%
\nIn addition, certain\ntargeted adjustments to the EU monitoring and enforcement regimes\nare proposed given the increased risks for circumventing the\ntightened international rules on the sulphur content of fuels.\nHarmonised and strengthened EU monitoring and enforcement actions\nwill help deliver important health and environmental benefits as\nwell as contribute to the establishment of level playing field and\nfair competition internationally.
\nFurthermore, and based on\nthe outcome of the impact assessment, the Commission proposes to\nmaintain stricter standards for passenger ships operating outside\nSECAs to maintain the link between the stricter fuel standards in\nSECAs (now requiring maximum sulphur content of marine fuel of 1.5%\nand from 2015 - 0.1%) and those applying for passenger ships on a\nregular service outside SECAs (at the moment 1.5%). The\nintroduction of the stricter fuel standard for passenger ships\nwould be delayed by 5 years in comparison with SECAs in order to\navoid potential problems with fuel availability.
\nAccompanying\nmeasures: making use of the\nadditional technology-based compliance provided by the revised\nAnnex VI of MARPOL, and subsequently by the revised Directive, such\nas scrubbers, alternative fuels (LNG) and shore side electricity,\nwould require capital investments by the private as well public\nsector. Such investments may need to be incentivised notably when a\nwider set of sustainable shipping objectives going beyond\ncompliance with Marpol Annex VI are being pursued. A number of\nshort-term accompanying measures were identified to assist the\nsector:
\nRegarding the formulation\nof medium and longer-term accompanying measures, the\nCommission is developing a policy approach exploring hard and soft\nregulatory measures, green ship technology and alternative fuels,\nadequate green infrastructure, economic and funding instruments,\nresearch and innovation, and international cooperation. These\nmeasures will be put in place following the adoption of the White Paper outlining a Roadmap to a Single\nEuropean Transport Area, and the new TEN-T Policy\nand Guidelines.
\nNext\nsteps: the Commission has made an\ninitial assessment of additional measures to reduce emissions of\nSOx, particulate matter, and NOx, for example through extended\nSECAs and new NOx emission control areas (NECAs). These showed\npromising benefit/cost ratios but the Commission is not in a\nposition to make formal proposals to establish additional emission\ncontrol areas, which may only be established in EU law once they\nhave been agreed internationally by the IMO following the\nprocedures specified in the MARPOL Convention. Moreover, the\nCommission does not have the competence to submit proposals to the\nIMO and so the current Communication and legislative proposal\nrestricts itself to the previously established emissions control\nareas and the 2008 amendment of Annex VI of the MARPOL Convention.\nThe Commission notes with appreciation, however, that certain\nMember States are in the process of requesting the designation of\nNECAs, and it will work closely with those and other Member States,\nas part of the ongoing review of the EU Thematic Strategy on Air\nPollutiondue in 2013.
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