The EU Parliament has this week voted in amendments to the EU Sulphur Directive. The Directive was open for amendments in order to be aligned with the 2008 amendments to MARPOL Annex VI which included more stringent limits of sulphur content on fuels which are to be used in the Emission Control Areas (ECAs) and on a global basis.
The amendment process has sparked much discussion as land industry in Finland and Sweden depending on the maritime transportation opposed the introduction of lower sulphur caps. Although the debate this week included the long-standing issue raised by the Baltic States onthe lack of fair competition between the Northern Member States and the Mediterranean, and on the risk of modal backshift from sea to road, the majority of the speakers supported the compromise agreement – 606 votes in favour, 55 votes against and 13 abstentions.
In brief, the amended EU Sulphur Directive contains the following mainelements:
- It is aligned with MARPOL Annex VI with regard to the limits for the sulphur content of marine fuels used in (Sulphur) Emission Control Areas((S)ECAs) which will be 1% until 2015 and 0.10% thereafter.
- Outside (S)ECAs (i.e. in territorial waters, exclusive economic zones and pollution control zones) ships will be required to burnfuels with a maximum sulphur content of 0.50% after 2020. This requirement will apply regardless of the results of the 2018 IMOreview, which may decide to postpone the entering into force of the 0.50% limit to 2025, if fuel availability issues are foreseen.
- A cap prohibits the use of marine fuels with a sulphur content of more than 3.50% in the EU, except for use in conjunctionwith closed loop scrubbers.
- The Commission should, as part of its air quality policy review in 2013 consider the possibilities of reducing air pollution in theterritorial sea of Member States.
- A fuel availability clause was included.
- The method for fuel verification is the IMO method.
Following adoption of the text by the European Parliament, the EU Council will subsequently officially adopt the revised Directivein the coming months (possibly end of September or October). The official text of the amended Directive will then be published in the Official Journal of the EU before the end of the year.
During the debates in the EU Parliament, Commissioner for Environment, Janez Potocnik confirmed that the European Commission is considering the impacts of expanding the ECA limits to all EU territorial waters. However, he said that it would be up to the Member States to put through the request to designate new ECAs to the IMO.
INTERTANKO is seeking clarification on the term “pollution controlled zones”. It appears this is a vague term without definition at EU level, although some EU Member States have defined pollution control zones for their own coastal waters and it could be understood to mean: “zones designated by Member States under UNCLOS that need special environmental protection”. We will revert with more clarification when available.
Source: INTERTANKO
