Amended proposal for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 08. 07. 1998 COM(1998) 385 final 97/105 (SYN) Amended proposal for a COUNCIL DIRECTIVE relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY xMEMORANDUM 1) On 12 March 1997, the Commission adopted a proposal for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC. This proposal, one of the eleven actions identified in the Communication on a Strategy to combat Acidification, aims to reduce the emissions of sulphur dioxides (S02) by placing maximum limit values on the sulphur content of certain liquid fuels (heavy fuels oils from 1 January 2000 and gasoils from 1 January 1999). The proposal is based on the results of cost effectiveness studies but takes into consideration under the form of derogation, the necessary flexibility for regions where air quality objectives are respected and where emissions of sulphur dioxides do not contribute significantly to problems of acidification. Unnecessary overlap between the current proposal and the provisions of Directive 88/609/EEC on large combustion plants was also integrated. The legal basis proposed (Article 130S) will allow for Member States who need to do so, to require more stringent limit values on the sulphur content of these liquid fuels. Certain liquid fuels (bunker fuels, aviation kerosene) were not proposed for regulation at this stage pending, respectively, the outcome of the Convention on Marine Pollution (MARPOL) revision or taking into account the marginal contribution to the sulphur dioxides emissions. Finally, the proposal foresees a general review process of the provisions by 31 December 2003. 2) The Economic and Social Committee adopted its opinion on 1 October 1997. This opinion was globally supportive of the Commission's proposal. 3) The Committee of the Regions adopted its opinion on 11 November 1997. This opinion was globally very supportive of the Commission's proposal. 4) Out of the 28 amendments adopted by the Parliament, the Commission can accept 16 amendments totally, partially, or in principle. The Commission can accept: in their entirety, amendments 2, 3 (second part), 5 (first part), 8, 13, 14, 15 (first part), 19 (first part), 28 partially, amendments 16, 17, 23, 27 in principle, amendments 3 (first part), 5 (second part), 6, 9 (first part), 15 (second part), 26. In particular as concerns amendments 6, 13, 17 and 23 concerning the use of heavy bunker fuels by ships, the Commission intends: - to take steps to ensure that a co-ordinated position of the Community and its Member States can be put forward at the 43rd meeting of the Marine Environment Protection Committee of the International Maritime Organisation in June 1999 with a view to ensure the designation of the North Sea and the Channel as well as of any other European seas in such need as areas sensitive to air pollution - to consider any Community measures that could be taken to reduce the contribution to acidification of the combustion of marine fuels other than marine gasoils and if appropriate, make a proposal by the end of 2000. The present proposal therefore is modified accordingly. 5) The remaining amendments have not been accepted by the Commission (amendments 1, 4, 7, 9 (second part), 10, 11, 12, 18, 19 (second part), 20, 21, 22, 24, 25). The Commission proposal is based on Article 130S of the Treaty since the goal is the protection of the environment and human health through the reduction of sulphur dioxides emissions associated with the sulphur content of certain fuels. The amendment for a change of the legal base is incompatible with the cost effectiveness approach adopted. In addition, it might leave Austria and Finland in a difficult situation due to the expiry of their current derogation to maintain stricter limit values for gasoils until the end of this year. Accordingly, the Commission cannot accept amendments 1, 4, 7, 11,22. The Commission proposal is based on an extensive assessment of the cost effectiveness of measures which could contribute to the reduction of the acidification problems. It is therefore not necessary to increase the severity of the sulphur content of the liquid fuels proposed for regulation. In addition, Member States who need to do so may always apply a stricter sulphur limit under the legal basis proposed. Accordingly, the Commission cannot accept amendments 10, 12, 19 (second part). , 24 (second part). to take into consideration The Commission's proposal aims to treat all the industrial sectors on an equal footing and for compliance with environmental requirements present in current Directives, in particular Directive 88/609/EEC dealing with the large combustion plants. The amendment 20 would be a privileged treatment for the refineries sector and an environmental step back since a stricter average emission limit value for some combustion plants in refineries is already in force today in Directive 88/609/EEC. the need Accordingly, the Commission cannot accept amendment 20. The Community framework for the application of economic instruments of a fiscal nature in order to encourage cleaner fuels through differentiated excise duties is established under Directive 92/81/EEC. Other economic instruments of different nature could be assessed by the Commission in its general review by end 2003. Accordingly, the Commission cannot accept amendment 9 (second part). The Commission considers that the information, notification or consultation issues between Institutions represent horizontal issues related to Comitoiogy which it would not be appropriate to deal with in the context of this proposal. Accordingly, the Commission cannot accept amendments 21 and 25. The Commission considers that its reference to the territory and waters of the Member States avoids any unnecessary legal disputes compared with other definitions. Accordingly, the Commission cannot accept amendments 18 (second part) and 24 (first part). The Commission proposed dates of application for the regulated fuels which took into account the appropriate lead time for the industries concerned. The introduction of a reduced sulphur content in heavy fuel oil by 1999 would not be realistic. Accordingly, the Commission cannot accept amendment 18 (first part). AMENDED PROPOSAL for a Council Directive relating to a reduction of the sulphur content of certain liquid fuels and amending Directive 93/12/EEC Text proposed by the Commission(') Amended proposal (Amendment 2) Recital 7 (7) Whereas to and foresees Member Protocol pollution the Community second UN-ECE the individual States are Contracting Parties the UN-ECE Long-Range on Convention Transboundary Air Pollution; whereas on the sulphur transboundary by dioxide that Member States should reduce sulphur dioxide emissions beyond the 30 % reduction specified in the first Protocol and whereas the second UN-ECE Protocol the premise that critical loads and levels will some continue sensitive further measures sulphur dioxide emissions will still be required if the environmental objectives action programme are to be respected; whereas Contracting Parties should make significant reductions in emissions of sulphur dioxide; to be areas; is based on exceeded whereas reduce fifth the to in in (7) Whereas to and Member the Community the individual States are Contracting Parties the UN-ECE Long-Range on Convention Transboundary Air Pollution; whereas under the protocol on further reduction of sulphur emissions established under convention. Contracting Parties that should make significant in emissions of sulphur dioxide; reductions 0 O JC 190. 21. 6. 1997. p. 9. (Amendment 3) Recital 9a (new) shown reducing studies have from that (9a) Whereas benefits sulphur emissions by reductions in the sulphur content of fuels will be considerably greater to industry in this proposal and whereas the technology exists and is well established for reducing the sulphur level of liquid fuels; the estimated costs than (Amendment 5) Recital 10a (new) (10a) Whereas in for lower limits Council Directive 93/12/EEC the Commission was asked to submit to the Council a proposal prescribing the sulphur content in gas oil and new for aviation kerosene and limits whereas it would be appropriate at the same time to lay down limits for the sulphur content of other liquid fuels, in particular heavy fuel oils, bunker fuel oils, marine diesel oils and gas oils, on the basis of cost effectiveness studies; (Amendment 6) Recital 11 (11) Whereas it should only be possible to use gas oils and heavy fuel oils within the Community on the condition that their sulphur content does not exceed certain limits set out in this Directive; territory of (11) Whereas it should only be possible to use gas oils, marine gas oils, bunker fuel the oils and heavy fuel oils within territory of the Community - with the exceptions referred to in this Directive - on condition that their sulphur content does not exceed certain limits set out in this Directive; whereas the Commission should examine the questions relating to bunker fuel oils and, if appropriate, make proposals by 2000; (Amendment 8) Recital 12a (new) (12a) Whereas sulphur emissions from shipping due to the combustion of bunker fuels with a high sulphur content contribute to sulphur dioxide pollution of acidification; whereas in certain areas such contribution is highly significant and whereas it is therefore necessary to limit the sulphur content of bunker fuels; problems and (Amendment 9) Recital 13a (new) (13a) Whereas to facilitate in order the achievement of the objectives of this Directive it may be appropriate for the European Union and/or the Member States to use economic instruments, such as a tax on sulphur and a system differentiated charges of harbour according to the sulphur content of the fuels used by visiting ships; whereas the Commission should examine this in the context of the review of this directive; (Amendment 13) Recital 18a (new) (18a) Whereas the Community will be advocating more effective protection of areas sensitive to SOx emissions and the reduction of the normal limit- value for bunker fuel oil (from the present 4. 5%) at the continuing and future negotiations on the MARPOL Convention within the International Maritime (IMP); Organization whereas the Community initiatives to have the North Sea/Channel declared a special low SOx emission control area should be continued; (Amendment 14) Recital 18b (new) such effects research such new should be acidification (18b) Whereas more profound research into the on of ecosystems and the human body is needed; whereas one of the main aims of to determine which particles, depending on are size, mass or number, to health; particularly prejudicial the whereas flue-gas improvement desulphurization and the development of catalysts for ships and of efficient exhaust-gas purification systems for catalyst) motor vehicles should be for applied formulated research, as for climate and marine research; whereas the European Community is assisting such research under the 5th Framework Research Programme; tasks as (deNOx of (Amendment 15) Recital 20 appropriate mechanisms compliance with 20) Whereas Member States should establish for the monitoring the provisions of this Directive; whereas regular reports on the sulphur content of liquid fuels should be submitted to the Commission; appropriate mechanisms compliance with (20) Whereas Member States are to establish for the monitoring the provisions of this Directive; whereas reports on the sulphur content of liquid fuels are the Commission: to be submitted to (Amendment 16) Article 2(2a) (new) 2a. 'Marine gas oils7 shall mean fuels intended for marine use which meet the the definition in Article 2. 2 or which have a viscosity or densitv falling within the ranges of viscosity or density defined for marine distillates in table 1 of ISO 8217(1996). (Amendment 19) Article 3(2) 2. Provided that the air quality standards for sulphur dioxide laid down in Council Directive 80/779/EEC and other relevant Community provisions are respected and the contribution is negligible, a Member State may authorize fuel oils with a sulphur content heavy between 1 and 2. 5 % by weight to be used in part or the whole of its territory. to transboundary pollution 2. Provided that the air quality standards for sulphur dioxide laid down in Council Directive 80/779/EEC and other relevant Community provisions are respected and the contribution to transboundary pollution is negligible - the Member State concerned must show the Commission that such a deviation will not impede compliance with Community law on air quality, including Directive 96/62/EEC -. a Member State may authorize fuel oils with a sulphur content heavy between 1 and 2. 5 % by weight to be used in part of the whole of its territory. (Amendment 26) Article 6(1) shall take all 1. Member States the necessary measures to check by sampling that the sulphur content of fuels used complies with Articles 3 and 4. The sampling shall commence within six months of 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 and in such a way that the samples are representative of the fuel examined. shall take all 1. Member States the necessary measures to check by sampling that the sulphur content of fuels used complies with Articles 3and 4. The sampling shall commence within six months of 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 and in such a way that the samples are representative of the fuel examined. (Amendment 27) Article 6(2)(a) (a) ISO method 8754(1992) for heavy fuel oil and marine diesel oil; (a) ISO method 8754(1992) and prEN ISO 14596 for heavy fuel oiL_and marine gasoil; (Amendment 28) Article 7(2) submitted 2. On the basis inter alia of the annual reports accordance with in paragraph 1 and the observed trends in air the Commission quality and acidification, shall, by 31 December 2003, submit a report to the Council. The Commission may submit with its report proposals aimed at revising this Directive and in particular the limit values laid down for each fuel category and the exceptions and derogations provided for in Article 3(2), Article 3(3) and Article 4(2). 2. On the basis inter alia of the annual reports submitted in accordance with paragraph 1 and the observed trends in air quality and the Commission shall, by 31 acidification, December 2003, submit a report to the Council and the European Parliament. The Commission may submit with its report proposals aimed at revising this Directive and in particular the limit values laid down for each fuel category and the exceptions and derogations provided for in Article 3(2), Article 3(3) and Article 4(2). 11 (Amendments 17 and 23) Article 7 (3) taken 3. The Commission shall consider which measures could be the contribution to acidification of the combustion of marine fuels other than those specified in Article 2. 2 (a) and, if appropriate, make a proposal by the end of 2000. reduce to 12 ISSN 0254-1475 COM(98) 385 final DOCUMENTS EN 14 01 12 06 Catalogue number : CB-CO-98-396-EN-C ISBN 92-78-37283-8 Office for Official Publications of the European Communities L-2985 Luxembourg