(a) fuels intended for the purposes of research and testing; (b) fuels intended for processing prior to final combustion; (c) fuels to be processed in the refining industry; (d) fuels used and placed on the market in the outermost regions of the Union, provided that the relevant Member States ensure that, in those regions: (i) air quality standards are respected; (ii) heavy fuel oils are not used if their sulphur content exceeds 3 % by mass;
(e) fuels used by warships and other vessels on military service. However, each Member State shall endeavour to ensure, by the adoption of appropriate measures not impairing the operations or operational capability of such ships, that the ships act in a manner consistent, so far as is reasonable and practical, with this Directive; (f) any use of fuels in a vessel necessary for the specific purpose of securing the safety of a ship or saving life at sea; (g) any use of fuels in a ship necessitated by damage sustained by it or its equipment, provided that all reasonable measures are taken after the occurrence of the damage to prevent or minimise excess emissions and that measures are taken as soon as possible to repair the damage. This shall not apply if the owner or master acted either with intent to cause damage, or recklessly; (h) without prejudice to Article 5, fuels used on board vessels employing emission abatement methods in accordance with Articles 8 and 10.
Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels (codification)
(a) "heavy fuel oil" means: (i) any petroleum-derived liquid fuel, excluding marine fuel, falling within CN codes 27101951 to27101968 ,27102031 ,27102035 or27102039 ; or(ii) any petroleum-derived liquid fuel, other than gas oil as defined in point (b) and other than marine fuels as defined in points (c), (d) and (e), which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 % by volume (including losses) distils at 250 °C by the ASTM D86 method. If the distillation cannot be determined by the ASTM D86 method, the petroleum product is likewise categorised as a heavy fuel oil;
(b) "gas oil" means: (i) any petroleum-derived liquid fuel, excluding marine fuel, falling within CN codes 27101925 ,27101929 ,27101947 ,27101948 ,27102017 or27102019 ; or(ii) any petroleum-derived liquid fuel, excluding marine 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.
Diesel fuels as defined in point 2 of Article 2 of Directive 98/70/EC of the European Parliament and of the Council Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58 ).(c) "marine fuel" means any petroleum-derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217. It includes any petroleum-derived liquid fuel in use on board inland waterway vessels or recreational craft, as defined respectively in Article 2 of Directive 97/68/EC of the European Parliament and of the Council Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ L 59, 27.2.1998, p. 1 ).Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ L 164, 30.6.1994, p. 15 ).(d) "marine diesel oil" means any marine fuel as defined for DMB grade in Table I of ISO 8217 with the exception of the reference to the sulphur content; (e) "marine gas oil" means any marine fuel as defined for DMX, DMA and DMZ grades in Table I of ISO 8217 with the exception of the reference to the sulphur content; (f) "MARPOL" means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto; (g) "Annex VI to MARPOL" means the annex, entitled "Regulations for the Prevention of Air Pollution from Ships", which the Protocol of 1997 added to MARPOL; (h) "SO x Emission Control Areas" means sea areas defined as such by the International Maritime Organisation (IMO) under Annex VI to MARPOL;(i) "passenger ships" means ships that 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; and (ii) a child under 1 year of age;
(j) "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;
(k) "warship" means a ship belonging to the armed forces of a State, bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline; (l) "ships at berth" means ships which are securely moored or anchored in a Union port while they are loading, unloading or hotelling, including the time spent when not engaged in cargo operations; (m) "placing on the market" means supplying or making available to third persons, against payment or free of charge, anywhere within Member States' jurisdictions, marine fuels for on-board combustion. It excludes supplying or making available marine fuels for export in ships' cargo tanks; (n) "outermost regions" means the French overseas departments, the Azores, Madeira and the Canary Islands, as set out in Article 349 TFEU; (o) "emission abatement method" means any fitting, material, appliance or apparatus to be fitted in a ship or other procedure, alternative fuel, or compliance method, used as an alternative to low sulphur marine fuel meeting the requirements set out in this Directive, that is verifiable, quantifiable and enforceable; (p) "ASTM method" means the methods laid down by the American Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products; (q) "combustion plant" means any technical apparatus in which fuels are oxidised in order to use the heat generated.
(a) in combustion plants which fall within the scope of Directive 2001/80/EC, which are subject to Article 4(1) or (2) or point (a) of Article 4(3) of that Directive and which comply with the emission limits for sulphur dioxide for such plants as set out in that Directive; (b) in combustion plants which fall within the scope of Directive 2001/80/EC, which are subject to point (b) of Article 4(3) and Article 4(6) of that Directive and the monthly average sulphur dioxide emissions of which do not exceed 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;(c) in combustion plants which do not fall under points (a) or (b), and the monthly average sulphur dioxide emissions of which do not exceed 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;(d) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all combustion plants in the refinery, irrespective of the type of fuel or fuel combination used, but excluding plants which fall under points (a) and (b), gas turbines and gas engines, does not exceed 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis.
(a) in combustion plants which fall within the scope of Chapter III of Directive 2010/75/EU, and which comply with the emission limits for sulphur dioxide for such plants as set out in Annex V to that Directive or, where those emission limit values are not applicable in accordance with that Directive, for which the monthly average sulphur dioxide emissions does not exceed 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;(b) in combustion plants which do not fall under point (a), and the monthly average sulphur dioxide emissions of which does not exceed 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;(c) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all combustion plants in the refinery, irrespective of the type of fuel or fuel combination used, but excluding plants falling under point (a), gas turbines and gas engines, does not exceed 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis.
(a) 3,50 % as from 18 June 2014 ;(b) 0,50 % as from 1 January 2020 .
(a) 1,00 % until 31 December 2014 ;(b) 0,10 % as from 1 January 2015 .
vessels flying their flag, and in the case of Member States bordering SO x Emission Control Areas, vessels of all flags while in their ports.
(a) present a record of the actions taken to attempt to achieve compliance; and (b) provide evidence that it attempted to purchase marine fuel which complies with this Directive in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such marine fuel and that, despite best efforts to obtain marine fuel which complies with this Directive, no such marine fuel was made available for purchase.
(a) maintain a publicly available register of local suppliers of marine fuel; (b) ensure that the sulphur content of all marine fuels sold in their territory is documented by the supplier on a bunker delivery note, accompanied by a sealed sample signed by the representative of the receiving ship; (c) take action against marine fuel suppliers that have been found to deliver fuel that does not comply with the specification stated on the bunker delivery note; (d) ensure that remedial action is taken to bring any non-compliant marine fuel discovered into compliance.
(a) whenever, according to published timetables, ships are due to be at berth for less than two hours; (b) to ships which switch off all engines and use shore-side electricity while at berth in ports.
(a) be empowered to adopt delegated acts, in accordance with Article 16, amending Annexes I and II; (b) adopt implementing acts laying down the detailed requirements for monitoring of emissions, where appropriate. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
(a) guidelines developed by the IMO; (b) the results of any trials conducted under Article 10; (c) effects on the environment, including achievable emission reductions, and impacts on ecosystems in enclosed ports, harbours and estuaries; and (d) the feasibility of monitoring and verification.
(a) the Commission and any port State concerned are notified in writing at least 6 months before trials begin; (b) permits for trials do not exceed 18 months in duration; (c) all ships involved install tamper-proof equipment for the continuous monitoring of funnel gas emissions and use it throughout the trial period; (d) all ships involved achieve emission reductions which are at least equivalent to those which would be achieved through the sulphur limits for fuels specified in this Directive; (e) there are proper waste management systems in place for any waste generated by the emission abatement methods throughout the trial period; (f) there is an assessment of impacts on the marine environment, particularly ecosystems in enclosed ports, harbours and estuaries throughout the trial period; and (g) full results are provided to the Commission and are made publicly available within 6 months of the end of the trials.
(a) inspection of ships' logbooks and bunker delivery notes; and (b) as appropriate, the following means of sampling and analysis: (i) sampling of the marine fuel for on-board combustion while being delivered to ships, in accordance with the Guidelines for the sampling of fuel oil for determination of compliance with the revised Annex VI to MARPOL, adopted on 17 July 2009 by Resolution 182(59) of the Marine Environment Protection Committee (MEPC) of the IMO, and analysis of its sulphur content; or(ii) sampling and analysis of the sulphur content of marine fuel for on-board combustion contained in tanks, where technically and economically feasible, and in sealed bunker samples on board ships.
(a) the frequency of sampling; (b) the sampling methods; (c) the definition of a sample representative of the fuel examined.
| Marine fuel Sulphur Content (% m/m) | Ratio Emission SO |
|---|---|
| 3,50 | 151,7 |
| 1,50 | 65,0 |
| 1,00 | 43,3 |
| 0,50 | 21,7 |
| 0,10 | 4,3 |
| Emission abatement method | Criteria for use |
|---|---|
| Mixture of marine fuel and boil-off gas | Commission Decision 2010/769/EU |
| Exhaust gas cleaning systems | |
| Biofuels |
| Point 19 of Annex I only | |
| Point 3.4 of the Annex only | |
| Article 2 only | |
| Directive | Time limit for transposition |
|---|---|
| 1999/32/EC | |
| 2005/33/EC | |
| 2009/30/EC | |
| 2012/33/EU |
| Directive 1999/32/EC | This Directive |
|---|---|
| Article 1(1) | Article 1(1) |
| Article 1(2), subparagraph 2, introductory wording | Article 1(2), subparagraph 2, introductory wording |
| Article 1(2), subparagraph 2, (a), (b) and (c) | Article 1(2), subparagraph 2, (a), (b) and (c) |
| Article 1(2), subparagraph 2, (d), introductory wording | Article 1(2), subparagraph 2, (d), introductory wording |
| Article 1(2), subparagraph 2, (d), first indent | Article 1(2), subparagraph 2, (d)(i) |
| Article 1(2), subparagraph 2, (d), second indent | Article 1(2), subparagraph 2, (d)(ii) |
| Article 1(2), subparagraph 2, (e) to (h) | Article 1(2), subparagraph 2, (e) to (h) |
| Article 2, introductory wording | Article 2, introductory wording |
| Article 2, point 1 | Article 2(a) |
| Article 2, point 1, first indent | Article 2(a)(i) |
| Article 2, point 1, second indent | Article 2(a)(ii) |
| Article 2, point 2 | Article 2(b) |
| Article 2, point 2, first indent | Article 2(b)(i) |
| Article 2, point 2, second indent | Article 2(b)(ii) |
| Article 2, point 2, final wording | Article 2(b), final wording |
| Article 2, point 3 | Article 2(c) |
| Article 2, point 3a | Article 2(d) |
| Article 2, point 3b | Article 2(e) |
| Article 2, point 3c | Article 2(f) |
| Article 2, point 3d | Article 2(g) |
| Article 2, point 3e | Article 2(h) |
| Article 2, point 3f | Article 2(i) |
| Article 2, point 3g | Article 2(j) |
| Article 2, point 3h | Article 2(k) |
| Article 2, point 3i | Article 2(l) |
| Article 2, point 3k | Article 2(m) |
| Article 2, point 3l | Article 2(n) |
| Article 2, point 3m | Article 2(o) |
| Article 2, point 4 | Article 2(p) |
| Article 2, point 5 | Article 2(q) |
| Article 3 | Article 3 |
| Article 3a | Article 5 |
| Article 4 | Article 4 |
| Article 4a(1) | Article 6(2) |
| Article 4a(1a) | Article 6(1) |
| Article 4a(2) | Article 6(3) |
| Article 4a(3) | Article 6(4) |
| Article 4a(4) | Article 6(5) |
| Article 4a(5) | Article 6(6) |
| Article 4a(5a) | Article 6(7) |
| Article 4a(5b) | Article 6(8) |
| Article 4a(6) | Article 6(9) |
| Article 4a(7) | Article 6(10) |
| Article 4b | Article 7 |
| Article 4c(1) and (2) | Article 8(1) and (2) |
| Article 4c(2a) | Article 8(3) |
| Article 4c(3) | Article 8(4) |
| Article 4c(4) | Article 8(5) |
| Article 4d | Article 9 |
| Article 4e | Article 10 |
| Article 4f | Article 11 |
| Article 5 | Article 12 |
| Article 6(1) | Article 13(1) |
| Article 6(1a) | Article 13(2) |
| Article 6(2) | Article 13(3) |
| Article 6(1b) | Article 13(4) |
| Article 7(1) and (2) | Article 14(1) and (2) |
| Article 7(1a) | Article 14(3) |
| Article 7(3) | — |
| Article 7(4) | Article 15 |
| Article 9 | Article 17 |
| Article 9a | Article 16 |
| Article 10 | — |
| Article 11(1) | Article 18, first paragraph |
| Article 11(2) | Article 18, second paragraph |
| — | Article 19 |
| Article 12 | Article 20 |
| Article 13 | Article 21 |
| Annexes I and II | Annexes I and II |
| — | Annex III |
| — | Annex IV |