L 4/16 Official Journal of the European Communities 9.1.2003 I (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 17 December 2002 on a request from Greece for authorisation to use heavy fuel oils with a maximum sulphur content of 3 % by mass in part of its territory (notified under document number C(2002) 2475) (Only the Greek text is authentic) (2003/3/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (5)  Greece provided data stating that the relevant Commu- nity ambient air quality standards for sulphur dioxide set Having regard to the Treaty establishing the European down in Council Directive 80/779/EEC of 15 July 1980 Community, on air quality limit values and guide values for sulphur dioxide and suspended particulates (¥ and Council Direc- tive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (), as amended by Commission Decision 2001/744/ EC (%), are complied with. In addition, on the basis of indicative measurements taken at three representative Having regard to Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EC (!), and in parti- cular the second subparagraph of Article 3(5) thereof, Whereas: points, which coincide with ecosystem zones, concentra- tions for sulphur dioxide in ambient air are below the (1) Pursuant to Article 3(1) of Directive 1999/32/EC 20 pg/m?-limit value for the protection of ecosystems set Member States are required to take all necessary steps to out in Directive 1999/30/EC. Greece states that in ensure that as from 1 January 2003 within their territory general concentrations of sulphur dioxides in ambient heavy fuel oils are not used if their sulphur content air within its territory are low, nevertheless, in areas exceeds 1 % by mass. surrounding major thermal stations powered with lignite concentrations are higher. However, measurements (2)  Pursuant to Article 3(2), of that directive a Member State provided by Greece, from monitoring stations several may, under certain conditions, authorise heavy fuel ols kilometres from the lignite-powered stations are within with a sulphur content of between 1% and 3 % by mass the relevant limitlvalu.es set out in Directive 80/779/EEC to be used in part or the whole of its territory. as amended by Directive 89/427/EEC (). (3)  Greece applied on 17 December 2001 for the Commis- sion's approval for the authorisation of the use of heavy fuel oil with a maximum sulphur content of 3 % by mass in the whole of its territory, except for the Attica Basin. Greece states that a maximum sulphur content of 3 % by mass is 10 % lower than that of the heavy fuel oil currently in use. (6)  Greece states that emissions of sulphur dioxide presently amount to approximately 483 000 tonnes per annum. However, the level of emissions is expected to fall to 300 000 tonnes per annum due to increasing use of natural gas in the thermal power generation sector and due to measures that will be required to comply with (4)  The Commission requested additional information from the Greek authorities on 23 January 2002. Greece submitted this information on 19 February 2002 and subsequently revised its request on 4 June 2002 to seek a time-limited derogation until 2008 with a review for the remaining period. L 229, 30.8.1980, p. 30. () O] () OJ L 163, 29.6.1999, p. 41. () OJ L 278, 23.10.2001, p. 35. () o ’ L 201, 14.7.1989, p. 53. 5 () OJL 121, 11.5.1999, p. 13.