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27.11.2012 Official
Journal
of
the
European
Union
L
327/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2012/33/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 November 2012
amending Council Directive 1999/32/EC as regards the sulphur content of marine fuels
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
the environment is to aim at a high level of protection,
EUROPEAN UNION,
taking into account the diversity of situations in the
various regions of the Union.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 192(1) thereof,
(3) Council
Directive
1999/32/EC
of
26
April
1999
relating
to a reduction in the sulphur content of certain liquid
Having regard to the proposal from the European Commission,
fuels ( 4 ) lays down the maximum permitted sulphur
content of heavy fuel oil, gas oil, marine gas oil and
marine diesel oil used in the Union.
After transmission of the draft legislative act to the national
parliaments,
(4) Emissions
from
shipping
due
to
the
combustion
of
marine fuels with a high sulphur content contribute to
Having regard to the opinion of the European Economic and
air pollution in the form of sulphur dioxide and
Social Committee ( 1 ),
particulate matter, which harm human health and the
environment and contribute to acid deposition.
Without the measures set out in this Directive,
After consulting the Committee of the Regions,
emissions from shipping would soon have been higher
than emissions from all land-based sources.
Acting in accordance with the ordinary legislative procedure ( 2 ),
(5) Air
pollution
caused
by
ships
at
berth
is
a
major
concern
for many harbour cities when it comes to their efforts to
Whereas:
meet the Union's air quality limit values.
(1)
The environmental policy of the Union, as set out in the
action programmes on the environment, and in
(6)
Member States should encourage the use of shore-side
particular in the Sixth Environmental Action
electricity, as the electricity for present-day ships is
Programme adopted by Decision No 1600/2002/EC of
usually provided by auxiliary engines.
the European Parliament and of the Council ( 3 ), has as
one of its objectives to achieve levels of air quality that
do not give rise to significant negative impacts on and
risks to human health and the environment.
(7) Under
Directive
1999/32/EC,
the
Commission
is
to
report to the European Parliament and the Council on
the implementation of that Directive and may submit
(2)
Article 191(2) of the Treaty on the Functioning of the
with its report proposals for amending it, in particular
European Union (TFEU) provides that Union policy on
as regards the reduction of sulphur limits for marine fuel
in SOx Emission Control Areas (SECAs), in accordance
( 1 ) OJ C 68, 6.3.2012, p. 70.
with the work of the International Maritime Organisation
( 2 ) Position of the European Parliament of 11 September 2012 (not yet
(IMO).
published in the Official Journal) and decision of the Council of
29 October 2012.
( 3 ) OJ L 242, 10.9.2002, p. 1.
( 4 ) OJ L 121, 11.5.1999, p. 13.

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L 327/2
EN
Official Journal of the European Union
27.11.2012
(8) In
2008,
the
IMO
adopted
a
resolution
to
amend
Annex
to use marine fuel with a maximum sulphur content of
VI of the Protocol of 1997 to amend the International
1,50 % until stricter sulphur standards apply to all ships
Convention for the Prevention of Pollution from Ships,
in territorial seas, exclusive economic zones and
1973, as modified by the Protocol of 1978 relating
pollution control zones of Member States.
thereto (MARPOL), containing regulations for the
prevention of air pollution from ships. The revised
Annex VI to MARPOL entered into force on 1 July 2010.
(15) In
accordance
with
Article
193 TFEU,
this
Directive
should not prevent any Member State from maintaining
or introducing more stringent protective measures in
(9) The
revised
Annex
VI
to
MARPOL
introduces,
inter
alia,
order to encourage early implementation with respect
stricter sulphur limits for marine fuel in SECAs (1,00 %
to the maximum sulphur content of marine fuels, for
as of 1 July 2010 and 0,10 % as of 1 January 2015) as
instance using emission abatement methods outside
well as in sea areas outside SECAs (3,50 % as of
SECAs.
1 January 2012 and, in principle, 0,50
% as of
1 January 2020). Most Member States are obliged, in
accordance with their international commitments, to
require ships to use fuel with a maximum sulphur
(16) In order to facilitate the transition to new engine tech
content of 1,00 % in SECAs as of 1 July 2010. In
nologies with the potential for significant further
order to ensure coherence with international law as
emission reductions in the maritime sector, the
well as to secure proper enforcement of new globally
Commission should further explore opportunities to
established sulphur standards in the Union, Directive
enable and encourage the uptake of gas-powered
1999/32/EC should be aligned with the revised Annex
engines in ships.
VI to MARPOL. In order to ensure a minimum quality of
fuel used by ships either for fuel-based or technology-
based compliance, marine fuel the sulphur content of
which exceeds the general standard of 3,50 % by mass
(17) Proper
enforcement
of
the
obligations
with
regard
to
the
should not be allowed for use in the Union, except for
sulphur content of marine fuels is necessary in order to
fuels supplied to ships using emission abatement
achieve the aims of Directive 1999/32/EC. The
methods operating in closed mode.
experience from the implementation of Directive
1999/32/EC has shown that there is a need for a
stronger monitoring and enforcement regime in order
to ensure the proper implementation of that Directive.
(10) Amendments
to
Annex
VI
to
MARPOL
regarding
SECAs
To that end, it is necessary that Member States ensure
are possible under IMO procedures. In the event that
sufficiently frequent and accurate sampling of marine fuel
further changes, including exemptions, are introduced
placed on the market or used on board ship as well as
with regard to the application of SECA limits in Annex
regular verification of ships' log books and bunker
VI to MARPOL, the Commission should consider any
delivery notes. It is also necessary for Member States to
such changes and, where appropriate, without delay
establish a system of effective, proportionate and
make the necessary proposal in accordance with the
dissuasive penalties for non-compliance with the
TFEU to fully align Directive 1999/32/EC with the IMO
provisions of Directive 1999/32/EC. In order to ensure
rules regarding SECAs.
more transparency of information, it is also appropriate
to provide that the register of local suppliers of marine
fuel be made publicly available.
(11) The
introduction
of
any
new
emission
control
areas
should be subject to the IMO process under Annex VI
to MARPOL and should be underpinned by a well-
(18) Reporting by Member States under Directive 1999/32/EC
founded case based on environmental and economic
has proved insufficient for the purpose of verification of
grounds and supported by scientific data.
compliance with that Directive due to the lack of
harmonised and sufficiently precise provisions on the
content and the format of the Member States' reports.
(12) In
accordance
with
regulation
18
of
the
revised
Annex
VI
Therefore, more detailed indications as regards the
to MARPOL, Member States should endeavour to ensure
content and the format of the report are necessary to
the availability of marine fuels which comply with this
ensure more harmonised reporting.
Directive.
(19) Following
the
adoption
of
Directive
2010/75/EU
of
the
(13) In
view
of
the
global
dimension
of
environmental
politics
European Parliament and of the Council of 24 November
and shipping emissions, ambitious emission standards
2010 on industrial emissions (integrated pollution
should be set at a global level.
prevention and control) ( 1 ), which recasts the Union
legislation on industrial emissions, it is necessary to
amend the provisions of Directive 1999/32/EC relating
(14) Passenger
ships
operate
mostly
in
ports
or
close
to
to maximum sulphur content of heavy fuel oil accord
coastal areas and their impacts on human health and
ingly.
the environment are significant. In order to improve air
quality around ports and coasts, those ships are required
( 1 ) OJ L 334, 17.12.2010, p. 17.

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EN
27.11.2012 Official
Journal
of
the
European
Union
L
327/3
(20) Complying
with
the
low
sulphur
limits
for
marine
fuels,
The already known alternative methods, such as the use
particularly in SECAs, can result in a significant increase
of on-board exhaust gas cleaning systems, the mixture of
in the price of such fuels, at least in the short term, and
fuel and liquefied natural gas (LNG) or the use of biofuels
can have a negative effect on the competitiveness of
should be recognised in the Union. It is important to
short sea shipping in comparison with other transport
promote the testing and development of new emission
modes, as well as on the competitiveness of the
abatement methods in order, among other reasons, to
industries in the countries bordering SECAs. Suitable
limit modal shift from sea to land-based transport.
solutions are necessary in order to reduce compliance
costs for the affected industries, such as allowing for
alternative, more cost-effective methods of compliance
than fuel-based compliance and providing support,
(25) Emission abatement methods hold
the potential for
where necessary. The Commission will, based inter alia
significant emission reductions. The Commission should
on reports from Member States, closely monitor the
therefore promote the testing and development of these
impacts of the shipping sector's compliance with the
technologies, inter alia by considering the establishment
new fuel quality standards, particularly with respect to
of a co-financed joint programme with industry, based
possible modal shift from sea to land-based transport
on principles from similar programmes, such as the
and will, if appropriate, propose proper measures to
Clean Sky Programme.
counteract such a trend.
(26) The
Commission,
in
cooperation
with
Member
States
and
(21) Limiting
modal
shift
from
sea
to
land-based
transport
is
stakeholders, should further develop measures identified
important given that an increasing share of goods being
in the Commission's staff working paper of 16 September
transported by road would in many cases run counter to
2011 entitled 'Pollutant emission reduction from
the Union's climate change objectives and increase
maritime transport and the sustainable waterborne
congestion.
transport toolbox'.
(22) The
costs
of
the
new
requirements
to
reduce
sulphur
(27) Alternative
emission
abatement
methods
such
as
some
dioxide emissions could result in modal shift from sea
types of scrubbers could generate waste that should be
to land-based transport and could have negative effects
handled properly and not be discharged into the sea.
on the competitiveness of the industries. The
Pending the revision of Directive 2000/59/EC of the
Commission should make full use of instruments such
European Parliament and of the Council of 27 November
as Marco Polo and the trans-European transport network
2000 on port reception facilities for ship-generated waste
to provide targeted assistance so as to minimise the risk
and cargo residues ( 1 ), Member States should ensure, in
of modal shift. Member States may consider it necessary
accordance with their international commitments, the
to provide support to operators affected by this Directive
availability of port reception facilities adequate to meet
in accordance with the applicable State aid rules.
the needs of ships using exhaust gas cleaning systems. In
the revision of Directive 2000/59/EC, the Commission
should consider the inclusion of waste from exhaust
gas cleaning systems under the principle of no special
(23) In
accordance
with
existing
guidelines
on
State
aid
for
fee applying to port fees for ship-generated waste
environmental protection, and without prejudice to
provided for in that Directive.
future changes thereto, Member States may provide
State aid in favour of operators affected by this Directive,
including aid for retrofitting operations of existing
vessels, if such aid measures are deemed to be compatible
(28) The
Commission
should,
as
part
of
its
air
quality
policy
with the internal market in accordance with Articles 107
review in 2013, consider the possibility of reducing air
and 108 TFEU, in particular in light of the applicable
pollution, including in the territorial seas of Member
guidelines on State aid for environmental protection. In
States.
this context, the Commission may take into account that
the use of some emission abatement methods go beyond
the requirements of this Directive by reducing not only
the sulphur dioxide emissions but also other emissions.
(29) Effective, proportionate and dissuasive penalties are
important for the implementation of Directive
1999/32/EC. Member States should include in those
penalties fines calculated in such a way as to ensure
(24) Access
to
emission
abatement
methods
should
be
facili
that the fines at least deprive those responsible of the
tated. Those methods can provide emission reductions at
economic benefits derived from their infringement and
least equivalent to, or even greater than, those achievable
that those fines gradually increase for repeated infringe
using low sulphur fuel, provided that they have no
ments. Member States should notify the provisions on
significant negative impacts on the environment, such
penalties to the Commission.
as marine ecosystems, and that they are developed
subject to appropriate approval and control mechanisms.
( 1 ) OJ L 332, 28.12.2000, p. 81.

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L 327/4
EN
Official Journal of the European Union
27.11.2012
(30) The
power
to
adopt
acts
in
accordance
with
Article
290
HAVE ADOPTED THIS DIRECTIVE:
TFEU should be delegated to the Commission in respect
of the amendment of the equivalent emission values for
and the criteria for the use of emission abatement
Article 1
methods in order to adapt the provisions of Directive
Amendments to Directive 1999/32/EC
1999/32/EC to scientific and technical progress and in
such a way as to ensure strict consistency with the
Directive 1999/32/EC is amended as follows:
relevant instruments of the IMO and in respect of the
amendment of points 1, 2, 3, 3a, 3b and 4 of Article 2,
(1) in Article 1(2), point (h) is replaced by the following:
point (b) of Article 6(1a) and Article 6(2) of Directive
1999/32/EC in order to adapt the provisions of that
Directive to scientific and technical progress. It is of
'(h) without prejudice to Article 3a, fuels used on board
particular importance that the Commission carry out
vessels employing emission abatement methods in
appropriate consultations during its preparatory work,
accordance with Articles 4c and 4e.';
including at expert level. The Commission, when
preparing and drawing up delegated acts, should ensure
a simultaneous, timely and appropriate transmission of
(2) Article 2 is amended as follows:
relevant documents to the European Parliament and to
the Council.
(a) points 1 and 2 are replaced by the following:
'(1) heavy fuel oil means:
(31) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of Directive 1999/32/EC, implementing powers
— any petroleum-derived liquid fuel, excluding
should be conferred on the Commission. Those powers
marine fuel, falling within CN code
should be exercised in accordance with Regulation (EU)
2710 19 51 to 2710 19 68, 2710 20 31,
No 182/2011 of the European Parliament and of the
2710 20 35, 2710 20 39, or
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
control by Member States of the Commission's exercise
— any petroleum-derived liquid fuel, other than
of implementing powers (
gas oil as defined in points 2 and 3, which, by

1 ).
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
(32) It
is
appropriate
for
the
Committee
on
Safe
Seas
and
the
ASTM D86 method. If the distillation cannot
Prevention of Pollution from Ships established by Regu
be determined by the ASTM D86 method, the
lation (EC) No 2099/2002 of the European Parliament
petroleum product is likewise categorised as a
and of the Council of 5 November 2002 establishing a
heavy fuel oil;
Committee on Safe Seas and the Prevention of Pollution
from Ships (COSS) ( 2 ) to assist the Commission in the
approval of the emission abatement methods which are
(2) gas oil means:
not covered by Council Directive 96/98/EC of
20 December 1996 on marine equipment ( 3 ).
— any petroleum-derived liquid fuel, excluding
marine fuel, falling within CN code
2710 19 25,
2710 19 29,
2710 19 47,
2710 19 48, 2710 20 17 or 2710 20 19, or
(33) In
accordance
with
the
Joint
Political
Declaration
of
28 September 2011 of Member States and the
Commission on explanatory documents
( 4 ), Member
— any petroleum-derived liquid fuel, excluding
States have undertaken to accompany, in justified cases,
marine fuel, of which less than 65 % by
the notification of their transposition measures with one
volume (including losses) distils at 250 °C
or more documents explaining the relationship between
and of which at least 85 % by volume
the components of a directive and the corresponding
(including losses) distils at 350 °C by the
parts of national transposition instruments. With regard
ASTM D86 method.
to this Directive, the legislator considers the transmission
of such documents to be justified.
Diesel fuels as defined in point 2 of Article 2 of
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 (*) are excluded
(34) Directive 1999/32/EC should therefore be amended
from this definition. Fuels used in non-road mobile
accordingly,
machinery and agricultural tractors are also excluded
from this definition;
( 1 ) OJ L 55, 28.2.2011, p. 13.
( 2 ) OJ L 324, 29.11.2002, p. 1.
___________
( 3 ) OJ L 46, 17.2.1997, p. 25.
(*) OJ L 350, 28.12.1998, p. 58.';
( 4 ) OJ C 369, 17.12.2011, p. 14.

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27.11.2012 Official
Journal
of
the
European
Union
L
327/5
(b) points 3a and 3b are replaced by the following:
(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 1 700 mg/Nm
(3a) marine diesel oil means any marine fuel as

3 at an oxygen content in
the flue gas of 3 % by volume on a dry basis;
defined for DMB grade in Table I of ISO 8217
with the exception of the reference to the
sulphur content;
(d) for combustion in refineries, where the monthly
average of emissions of sulphur dioxide averaged
over all combustion plants in the refinery, irre
(3b) marine gas oil means any marine fuel as defined
spective of the type of fuel or fuel combination
for DMX, DMA and DMZ grades in Table I of
used, but excluding plants which fall under
ISO 8217 with the exception of the reference to
points (a) and (b), gas turbines and gas engines,
the sulphur content;';
do not exceed 1 700 mg/Nm 3 at an oxygen
content in the flue gas of 3 % by volume on a
dry basis.
(c) point 3m is replaced by the following:
3. As
from
1
January
2016,
subject
to
appropriate
'(3m) emission abatement method means any fitting,
monitoring of emissions by competent authorities,
material, appliance or apparatus to be fitted in a
paragraph 1 shall not apply to heavy fuel oils used:
ship or other procedure, alternative fuel, or
compliance method, used as an alternative to
low sulphur marine fuel meeting the
(a) in combustion plants which fall within the scope
requirements set out in this Directive, that is
of Chapter III of Directive 2010/75/EU of the
verifiable, quantifiable and enforceable;';
European Parliament and of the Council (**), 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
(3) Article 3 is amended as follows:
are not applicable according to that Directive, for
which the monthly average sulphur dioxide
emissions do not exceed 1 700 mg/Nm 3 at an
(a) paragraphs 1 and 2 are replaced by the following:
oxygen content in the flue gas of 3 % by volume
on a dry basis;
'1. Member States shall ensure that heavy fuel oils
are not used within their territory if their sulphur
(b) in combustion plants which do not fall under
content exceeds 1 % by mass.
point (a), and the monthly average sulphur
dioxide emissions of which do not exceed 1 700
mg/Nm 3 at an oxygen content in the flue gas of
3 % by volume on a dry basis;
2. Until
31
December
2015,
subject
to
appropriate
monitoring of emissions by competent authorities,
paragraph 1 shall not apply to heavy fuel oils used:
(c) for combustion in refineries, where the monthly
average of emissions of sulphur dioxide averaged
over all combustion plants in the refinery, irre
(a) in combustion plants which fall within the scope
spective of the type of fuel or fuel combination
of Directive 2001/80/EC of the European
used, but excluding plants falling under point (a),
Parliament and of the Council of 23 October
gas turbines and gas engines, do not exceed 1 700
2001 on the limitation of emissions of certain
mg/Nm 3 at an oxygen content in the flue gas of
pollutants into the air from large combustion
3 % by volume on a dry basis.
plants (*), which are subject to Article 4(1) or (2)
or Article 4(3)(a) of that Directive and which
comply with the emission limits for sulphur
Member States shall take the necessary measures to
dioxide for such plants as set out in that Directive;
ensure that no combustion plant using heavy fuel oil
with a sulphur concentration greater than that referred
to in paragraph 1 is operated without a permit issued
(b) in combustion plants which fall within the scope
by a competent authority, which specifies the emission
of Directive 2001/80/EC, which are subject to
limits.
Article 4(3)(b) and Article 4(6) of that Directive
and the monthly average sulphur dioxide
emissions of which do not exceed 1
700
___________
mg/Nm 3 at an oxygen content in the flue gas of
(*) OJ L 309, 27.11.2001, p. 1.
3 % by volume on a dry basis;
(**) OJ L 334, 17.12.2010, p. 17.';

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Official Journal of the European Union
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(b) paragraph 3 is deleted;
their territorial seas, exclusive economic zones and
pollution control zones if the sulphur content of
those fuels by mass exceeds:
(4) the following Article is inserted:
'
(a) 3,50 % as from 18 June 2014;
Article 3a
Maximum sulphur content in marine fuel
(b) 0,50 % as from 1 January 2020.
Member States shall ensure that marine fuels are not used
within their territory if their sulphur content exceeds
3,50 % by mass, except for fuels supplied to ships using
This paragraph shall apply to all vessels of all flags,
emission abatement methods subject to Article 4c
including vessels whose journey began outside of the
operating in closed mode.';
Union, without prejudice to paragraphs 1 and 4 of this
Article and Article 4b.';
(5) in Article 4, paragraph 1 is replaced by the following:
(d) paragraphs 4, 5, 6 and 7 are replaced by the following:
'1. Member
States
shall
ensure
that
gas
oils
are
not
used
within their territory if their sulphur content exceeds
0,10 % by mass.';
'4. Member
States
shall
take
all
necessary
measures
to ensure that marine fuels are not used in their terri
torial seas, exclusive economic zones and pollution
(6) Article 4a is amended as follows:
control zones falling outside SOx Emission Control
Areas by passenger ships operating on regular
services to or from any Union port if the sulphur
(a) the title is replaced by the following:
content of those fuels exceeds 1,50 % by mass until
1 January 2020.
'Maximum sulphur content of marine fuels used in
territorial seas, exclusive economic zones and
Member States shall be responsible for the
pollution control zones of Member States, including
enforcement of this requirement at least in respect of
SOx Emission Control Areas and by passenger ships
vessels flying their flag and vessels of all flags while in
operating on regular services to or from Union ports';
their ports.
(b) paragraph 1 is replaced by the following:
5. Member States shall require the correct
completion of ships' logbooks, including fuel-
'1. Member
States
shall
take
all
necessary
measures
changeover operations.
to ensure that marine fuels are not used in the areas of
their territorial seas, exclusive economic zones and
pollution control zones falling within SOx Emission
5a. Member
States
shall
endeavour
to
ensure
the
Control Areas if the sulphur content of those fuels
availability of marine fuels which comply with this
by mass exceeds:
Directive and inform the Commission of the avail
ability of such marine fuels in its ports and terminals.
(a) 1,00 % until 31 December 2014;
5b. If a ship is found by a Member State not to be
in compliance with the standards for marine fuels
(b) 0,10 % as from 1 January 2015.
which comply with this Directive, the competent
authority of the Member State is entitled to require
This paragraph shall apply to all vessels of all flags,
the ship to:
including vessels whose journey began outside the
Union. The Commission shall have due regard to
any future changes to the requirements pursuant to
(a) present a record of the actions taken to attempt to
Annex VI to MARPOL applicable within SOx
achieve compliance; and
Emission Control Areas, and, where appropriate,
without undue delay make any relevant proposals
with a view to amending this Directive accordingly.';
(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
(c) the following paragraph is inserted:
made available where planned, that attempts were
made to locate alternative sources for such marine
fuel and that, despite best efforts to obtain marine
'1a. Member
States
shall
take
all
necessary
measures
fuel which complies with this Directive, no such
to ensure that marine fuels are not used in the areas of
marine fuel was made available for purchase.

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27.11.2012 Official
Journal
of
the
European
Union
L
327/7
The ship shall not be required to deviate from its
mass, allowing sufficient time for the crew to complete
intended voyage or to delay unduly the voyage in
any necessary fuel-changeover operation as soon as
order to achieve compliance.
possible after arrival at berth and as late as possible
before departure.
If a ship provides the information referred to in the
first subparagraph, the Member State concerned shall
Member States shall require the time of any fuel-
take into account all relevant circumstances and the
changeover operation to be recorded in ships' logbooks.
evidence presented to determine the appropriate action
to take, including not taking control measures.
2. Paragraph
1
shall
not
apply:
A ship shall notify its flag State, and the competent
authority of the relevant port of destination, when it
cannot purchase marine fuel which complies with this
(a) whenever, according to published timetables, ships are
Directive.
due to be at berth for less than two hours;
A port State shall notify the Commission when a ship
(b) to ships which switch off all engines and use shore-
has presented evidence of the non-availability of
side electricity while at berth in ports.
marine fuels which comply with this Directive.
3. Member
States
shall
ensure
that
marine
gas
oils
are
6. Member
States
shall,
in
accordance
with
regu
not placed on the market in their territory if the sulphur
lation 18 of Annex VI to MARPOL:
content of those marine gas oils exceeds 0,10 % by mass.
(a) maintain a publicly available register of local
Article 4c
suppliers of marine fuel;
Emission abatement methods
(b) ensure that the sulphur content of all marine fuels
1. Member
States
shall
allow
the
use
of
emission
sold in their territory is documented by the
abatement methods by ships of all flags in their ports,
supplier on a bunker delivery note, accompanied
territorial seas, exclusive economic zones and pollution
by a sealed sample signed by the representative of
control zones, as an alternative to using marine fuels
the receiving ship;
that meet the requirements of Articles 4a and 4b,
subject to paragraphs 2 and 3 of this Article.
(c) take action against marine fuel suppliers that have
been found to deliver fuel that does not comply
2. Ships
using
the
emission
abatement
methods
referred
with the specification stated on the bunker delivery
to in paragraph 1 shall continuously achieve reductions of
note;
sulphur dioxide emissions that are at least equivalent to
the reductions that would be achieved by using marine
fuels that meet the requirements of Articles 4a and 4b.
(d) ensure that remedial action is taken to bring any
Equivalent emission values shall be determined in
non-compliant marine fuel discovered into
accordance with Annex I.
compliance.
2a. Member
States
shall,
as
an
alternative
solution
for
7. Member States shall ensure that marine diesel
reducing emissions, encourage the use of onshore power
oils are not placed on the market in their territory if
supply systems by docked vessels.
the sulphur content of those marine diesel oils exceeds
1,50 % by mass.';
3. The
emission
abatement
methods
referred
to
in
(e) paragraph 8 is deleted;
paragraph 1 shall comply with the criteria specified in
the instruments referred to in Annex II.
(7) Articles 4b and 4c are replaced by the following:
4. Where
justified
in
the
light
of
scientific
and
technical
progress regarding alternative emission abatement methods
'Article 4b
and in such a way as to ensure strict consistency with the
Maximum sulphur content of marine fuels used by
relevant instruments and standards adopted by the IMO,
ships at berth in Union ports
the Commission shall:
1. Member
States
shall
take
all
necessary
measures
to
ensure that ships at berth in Union ports do not use
(a) be empowered to adopt delegated acts in accordance
marine fuels with a sulphur content exceeding 0,10 % by
with Article 9a amending Annexes I and II;

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L 327/8
EN
Official Journal of the European Union
27.11.2012
(b) adopt implementing acts laying down the detailed
(d) all ships involved achieve emission reductions which
requirements for monitoring of emissions, where
are at least equivalent to those which would be
appropriate. Those implementing acts shall be
achieved through the sulphur limits for fuels
adopted in accordance with the examination
specified in this Directive;
procedure referred to in Article 9(2).';
(e) there are proper waste management systems in place
(8) the following Articles are inserted:
for any waste generated by the emission abatement
methods throughout the trial period;
'Article 4d
Approval of emission abatement methods for use on
(f) there is an assessment of impacts on the marine
board ships flying the flag of a Member State
environment, particularly ecosystems in enclosed
ports, harbours and estuaries throughout the trial
1. Emission
abatement
methods
falling
within
the
scope
period; and
of Council Directive 96/98/EC (*) shall be approved in
accordance with that Directive.
(g) full results are provided to the Commission, and made
publicly available, within six months of the end of the
2. Emission abatement methods not covered by
trials.
paragraph 1 of this Article shall be approved in
accordance with the procedure referred to in Article 3(2)
of Regulation (EC) No 2099/2002 of the European
Article 4f
Parliament and of the Council of 5 November 2002 estab
lishing a Committee on Safe Seas and the Prevention of
Financial measures
Pollution from Ships (COSS) (**), taking into account:
Member States may adopt financial measures in favour of
operators affected by this Directive where such financial
measures are in accordance with State aid rules applicable
(a) guidelines developed by the IMO;
and to be adopted in this area.
(b) the results of any trials conducted under Article 4e;
___________
(*) OJ L 46, 17.2.1997, p. 25.
(**) OJ L 324, 29.11.2002, p. 1.';
(c) effects on the environment, including achievable
emission reductions, and impacts on ecosystems in
enclosed ports, harbours and estuaries; and
(9) Article 6 is replaced by the following:
(d) the feasibility of monitoring and verification.
'Article 6
Article 4e
Sampling and analysis
Trials of new emission abatement methods
1. Member
States
shall
take
all
necessary
measures
to
check by sampling that the sulphur content of fuels used
Member States may, in cooperation with other Member
complies with Articles 3, 3a, 4, 4a and 4b. The sampling
States, as appropriate, approve trials of ship emission
shall commence on the date on which the relevant limit
abatement methods on vessels flying their flag, or in sea
for maximum sulphur content in the fuel comes into
areas within their jurisdiction. During those trials, the use
force. It shall be carried out periodically with sufficient
of marine fuels meeting the requirements of Articles 4a
frequency and quantities in such a way that the samples
and 4b shall not be mandatory, provided that all of the
are representative of the fuel examined, and in the case of
following conditions are fulfilled:
marine fuel, of the fuel being used by vessels while in
relevant sea areas and ports. The samples shall be
analysed without undue delay.
(a) the Commission and any port State concerned are
notified in writing at least six months before trials
begin;
1a. The
following
means
of
sampling,
analysis
and
inspection of marine fuel shall be used:
(b) permits for trials do not exceed 18 months in
duration;
(a) inspection of ships' log books and bunker delivery
notes;
(c) all ships involved install tamper-proof equipment for
the continuous monitoring of funnel gas emissions
and, as appropriate, the following means of sampling and
and use it throughout the trial period;
analysis:

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EN
27.11.2012 Official
Journal
of
the
European
Union
L
327/9
(b) sampling of the marine fuel for on-board combustion
Member States in accordance with the fifth
while being delivered to ships, in accordance with the
subparagraph of Article 4a(5b), the Commission
Guidelines for the sampling of fuel oil for deter
shall, within 12 months from the date referred to in
mination of compliance with the revised MARPOL
the first subparagraph of this paragraph, draw up and
Annex VI adopted on 17 July 2009 by Resolution
publish a report on the implementation of this
182(59) of the Marine Environment Protection
Directive. The Commission shall evaluate the need
Committee (MEPC) of the IMO, and analysis of its
for further strengthening the relevant provisions of
sulphur content; or
this Directive and make any appropriate legislative
proposals to that effect.';
(c) sampling and analysis of the sulphur content of
marine fuel for on-board combustion contained in
tanks, where technically and economically feasible,
(b) the following paragraph is inserted:
and in sealed bunker samples on board ships.
'1a. The
Commission
may
adopt
implementing
acts
1b. The
Commission
shall
be
empowered
to
adopt
concerning the information to be included in the
implementing acts concerning:
report and the format of the report. Those imple
menting acts shall be adopted in accordance with the
examination procedure referred to in Article 9(2).';
(a) the frequency of sampling;
(c) paragraphs 2 and 3 are replaced by the following:
(b) the sampling methods;
(c) the definition of a sample representative of the fuel
'2. By
31
December
2013
the
Commission
shall
examined.
submit a report to the European Parliament and to
the Council which shall be accompanied, if appro
priate, by legislative proposals. The Commission shall
Those implementing acts shall be adopted in accordance
consider in its report the potential for reducing air
with the examination procedure referred to in Article 9(2).
pollution taking into account, inter alia: annual
reports submitted in accordance with paragraphs 1
and 1a; observed air quality and acidification; fuel
costs; potential economic impact and observed modal
2. The
reference
method
adopted
for
determining
the
shift; and progress in reducing emissions from ships.
sulphur content shall be ISO method 8754 (2003) or
PrEN ISO 14596 (2007).
3. The
Commission
shall,
in
cooperation
with
In order to determine whether marine fuel delivered to and
Member States and stakeholders, by 31 December
used on board ships is compliant with the sulphur limits
2012, develop appropriate measures, including those
required by Articles 3a, 4, 4a and 4b the fuel verification
identified in the Commission's staff working paper of
procedure set out in Appendix VI to Annex VI to
16 September 2011 entitled "Pollutant emission
MARPOL shall be used.';
reduction from maritime transport and the sustainable
waterborne transport toolbox" promoting compliance
with the environmental standards of this Directive, and
(10) Article 7 is amended as follows:
minimising the possible negative impacts.';
(a) paragraph 1 is replaced by the following:
(d) paragraph 4 is replaced by the following:
'1. Each
year
by
30
June,
Member
States
shall,
on
'
the basis of the results of the sampling, analysis and
4. The
Commission
shall
be
empowered
to
adopt
inspections carried out in accordance with Article 6,
delegated acts in accordance with Article 9a
submit a report to the Commission on the compliance
concerning the adaptations of Article 2, points 1, 2,
with the sulphur standards set out in this Directive for
3, 3a, 3b and 4, point (b) of Article 6(1a) and
the preceding year.
Article 6(2) to scientific and technical progress. Such
adaptations shall not result in any direct changes to
the scope of this Directive or to sulphur limits for fuels
specified in this Directive.';
On the basis of the reports received in accordance with
the first subparagraph of this paragraph and the notifi
cations regarding the non-availability of marine fuel
which complies with this Directive submitted by
(11) Article 8 is deleted;

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L 327/10
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Official Journal of the European Union
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(12) Article 9 is replaced by the following:
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall notify it simultaneously to the European Parliament
and to the Council.
'Article 9
Committee procedure
5. A
delegated
act
adopted
pursuant
to
Article
4c(4)
1. The
Commission
shall
be
assisted
by
a
committee.
and Article 7(4) shall enter into force only if no
That committee shall be a committee within the meaning
objection has been expressed either by the European
of Regulation (EU) No 182/2011 of the European
Parliament or the Council within a period of three
Parliament and of the Council of 16 February 2011
months of notification of that act to the European
laying down the rules and general principles concerning
Parliament and the Council or if, before the expiry of
mechanisms for control by Member States of the Commis
that period, the European Parliament and the Council
sion's exercise of implementing powers (*).
have both informed the Commission that they will not
object. That period shall be extended by three months at
the initiative of the European Parliament or of the Coun
cil.';
2. Where
reference
is
made
to
this
paragraph,
Article
5
of Regulation (EU) No 182/2011 shall apply.
(14) Article 11 is replaced by the following:
Where the committee delivers no opinion, the
Commission shall not adopt the draft implementing act
and the third subparagraph of Article 5(4) of Regulation
'Article 11
(EU) No 182/2011 shall apply.
Penalties
___________
1. Member States shall determine the penalties
applicable to breaches of the national provisions adopted
(*) OJ L 55, 28.2.2011, p. 13.';
pursuant to this Directive.
(13) the following Article is inserted:
2. The
penalties
determined
must
be
effective,
propor
tionate and dissuasive and may include fines calculated in
such a way as to ensure that the fines at least deprive
those responsible of the economic benefits derived from
'Article 9a
their infringement and that those fines gradually increase
Exercise of the delegation
for repeated infringements.';
1. The
power
to
adopt
delegated
acts
is
conferred
on
the Commission subject to the conditions laid down in
this Article.
(15) the Annex to Directive 1999/32/EC is replaced by the
Annex to this Directive.
2. The power to adopt delegated acts referred to in
Article 4c(4) and Article 7(4) shall be conferred on the
Article 2
Commission for a period of five years from 17 December
Transposition
2012. The Commission shall draw up a report in respect
of the delegation of power not later than nine months
1. Member
States
shall
bring
into
force
the
laws,
regulations
before the end of the five-year period. The delegation of
and administrative provisions necessary to comply with this
power shall be tacitly extended for periods of an identical
Directive by 18 June 2014. They shall forthwith communicate
duration, unless the European Parliament or the Council
to the Commission the text of those provisions.
opposes such extension not later than three months before
the end of each period.
When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
3. The
delegation
of
power
referred
to
in
Article
4c(4) reference on the occasion of their official publication. The
and Article 7(4) may be revoked at any time by the
methods of making such reference shall be laid down by
European Parliament or by the Council. A decision to
Member States.
revoke shall put an end to the delegation of the powers
specified in that decision. It shall take effect the day
following the publication of the decision in the Official
Journal of the European Union or at a later date specified
2. Member
States
shall
communicate
to
the
Commission
the
therein. It shall not affect the validity of any delegated acts
text of the main provisions of national law which they adopt in
already in force.
the field covered by this Directive.

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EN
27.11.2012 Official
Journal
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European
Union L
327/11
Article 3
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
Article 4
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 21 November 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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L 327/12
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Official Journal of the European Union
27.11.2012
ANNEX
‘ANNEX I
EQUIVALENT EMISSION VALUES FOR EMISSION ABATEMENT METHODS AS REFERRED TO IN
ARTICLE 4c(2)
Marine fuel sulphur limits referred to in Articles 4a and 4b and regulations 14.1 and 14.4 of Annex VI to MARPOL and
corresponding emission values referred to in Article 4c(2):
Marine fuel Sulphur Content (% m/m) Ratio
Emission
SO 2 (ppm)/CO 2 (% v/v)
3,50 151,7
1,50 65,0
1,00 43,3
0,50 21,7
0,10 4,3
Note:
— The use of the Ratio Emissions limits is only applicable when using petroleum based Distillate or Residual Fuel Oils.
— In justified cases where the CO 2 concentration is reduced by the exhaust gas cleaning (EGC) unit, the CO 2 concen
tration may be measured at the EGC unit inlet, provided that the correctness of such a methodology can be clearly
demonstrated.

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of
the
European
Union L
327/13
ANNEX II
CRITERIA FOR THE USE OF EMISSION ABATEMENT METHODS REFERRED TO IN ARTICLE 4c(3)
The emission abatement methods referred to in Article 4c shall comply at least with the criteria specified in the following
instruments, as applicable:
Emission abatement method Criteria
for
use
Mixture of marine fuel and boil-off gas Commission Decision 2010/769/EU of 13 December 2010 on the estab
lishment of criteria for the use by liquefied natural gas carriers of technological
methods as an alternative to using low sulphur marine fuels meeting the
requirements of Article 4b of Council Directive 1999/32/EC relating to a
reduction in the sulphur content of certain liquid fuels as amended by
Directive 2005/33/EC of the European Parliament and of the Council on the
sulphur content of marine fuels ( 1 ).
Exhaust gas cleaning systems Resolution
MEPC.184(59)
adopted
on
17
July
2009
"Wash water resulting from exhaust gas cleaning systems which make use of
chemicals, additives, preparations and relevant chemical created in situ",
referred to in point 10.1.6.1 of Resolution MEPC.184(59), shall not be
discharged into the sea, including enclosed ports, harbours and estuaries,
unless it is demonstrated by the ship operator that such wash water
discharge has no significant negative impacts on and do not pose risks to
human health and the environment. If the chemical used is caustic soda it is
sufficient that the washwater meets the criteria set out in Resolution
MEPC.184(59) and its pH does not exceed 8,0.
Biofuels
Use of biofuels as defined in Directive 2009/28/EC of the European Parliament
and of the Council of 23 April 2009 on the promotion of the use of energy
from renewable sources ( 2 ) that comply with the relevant CEN and ISO stan
dards.
The mixtures of biofuels and marine fuels shall comply with the sulphur
standards set out in Article 3a, Article 4a(1), (1a) and (4) and Article 4b of
this Directive.
( 1 ) OJ L 328, 14.12.2010, p. 15.
( 2 ) OJ L 140, 5.6.2009, p. 16.’

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