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30.6.2012 Official
Journal
of
the
European
Union L
172/3
REGULATION (EU) No 530/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 June 2012
on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil
tankers
(recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
25 January 1993 to support the action in the Inter
EUROPEAN UNION,
national Maritime Organisation (IMO) on the reduction
of the safety gap between new and existing ships by
upgrading and/or phasing out existing ships.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 100(2) thereof,
(5) By
its
Resolution
of
8
June
1993
on
a
common
policy
Having regard to the proposal from the European Commission,
on safe seas ( 5 ), the Council fully supported the objectives
of the Commission communication.
After transmission of the draft legislative act to the national
parliaments,
(6) In
its
Resolution
of
11
March
1994
on
a
common
policy
on safe seas ( 6 ), the European Parliament welcomed the
Having regard to the opinion of the European Economic and
Commission communication and called in particular for
Social Committee ( 1 ),
action to be taken to improve tanker safety standards.
After consulting the Committee of the Regions,
(7) In
its
Resolution
of
20
January
2000
on
the
oil
slick
disaster caused by the wreck of the Erika ( 7 ), the
Acting in accordance with the ordinary legislative procedure ( 2 ),
European Parliament welcomed any efforts by the
Commission to bring forward the date by which oil
tankers will be obliged to have a double-hull
Whereas:
construction.
(1) Regulation
(EC) No
417/2002 of the European
Parliament and of the Council of 18 February 2002 on
the accelerated phasing-in of double-hull or equivalent
(8) In
its
Resolution
of
21
November
2002
on
the
‘Prestige’
oil tanker disaster off the coast of Galicia (
design requirements for single-hull oil tankers (

8 ), the

3 ) has
European Parliament called for stronger measures that
been substantially amended several times
( 4 ). Since
can enter into force more rapidly, and stated that this
further amendments are necessary, that Regulation
new disaster has again underlined the need for effective
should be recast in the interests of clarity.
action at international and Union level in order to signifi
cantly improve maritime safety.
(2) Within
the
framework
of
the
common
transport
policy,
measures should be taken to enhance safety and prevent
pollution in maritime transport.
(9) The
IMO
has
established,
in
the
International
Convention
for the Prevention of Pollution from Ships, 1973 and the
Protocol of 1978 related thereto (MARPOL 73/78), inter
(3) The
Union
is
seriously
concerned
by
shipping
accidents
involving oil tankers and the associated pollution of its
nationally agreed pollution prevention rules affecting the
coast-lines and harm to its fauna and flora and other
design and operation of oil tankers. Member States are
marine resources.
Parties to MARPOL 73/78.


(4) In
its
communication
on
a
common
policy
on
safe
seas,
the Commission underlined the request of the extra
(10) According to Article 3.3 of MARPOL 73/78, that
ordinary Council on Environment and Transport of
Convention does not apply to warships, naval auxiliary
or other ships owned or operated by a State and used
only for government non-commercial services.
( 1 ) OJ C 43, 15.2.2012, p. 98.
( 2 ) Position of the European Parliament of 23 May 2012 (not yet
published in the Official Journal) and decision of the Council of
( 5 ) OJ C 271, 7.10.1993, p. 1.
7 June 2012.
( 6 ) OJ C 91, 28.3.1994, p. 301.
( 3 ) OJ L 64, 7.3.2002, p. 1.
( 7 ) OJ C 304, 24.10.2000, p. 198.
( 4 ) See Annex I.
( 8 ) OJ C 25 E, 29.1.2004, p. 415.

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L 172/4
EN
Official Journal of the European Union
30.6.2012
(11) Comparison
of
tanker
age
and
accident
statistics
shows
and on 4 December 2003 by Resolution MEPC 111(50)
increasing accident rates for older ships. It has been inter
in which a new accelerated phasing-out scheme for
nationally agreed that the adoption of the 1992
single-hull oil tankers was introduced. The respective
amendments to MARPOL 73/78 requiring the appli
final dates by which oil tankers must comply with Regu
cation of the double-hull or equivalent design standards
lation 19 of Annex I to MARPOL 73/78 depend on the
to existing single-hull oil tankers when they reach a
size and age of the ship. Oil tankers in that scheme are
certain age will provide those oil tankers with a higher
therefore divided into three categories according to their
degree of protection against accidental oil pollution in
tonnage, construction and age. All these categories,
the event of collision or stranding.
including the lowest one, Category 3, are important for
trade within the Union.
(12) It is in the Union’s interest to adopt measures to ensure
that oil tankers entering into ports and offshore terminals
(16) The final date by which a single-hull oil tanker is to be
or anchoring in an area under the jurisdiction of Member
phased out is the anniversary of the date of delivery of
States and oil tankers flying the flags of Member States
the ship, according to a schedule starting in 2003 until
comply with Regulation 20 of Annex I to MARPOL
2005 for Category 1 oil tankers, and until 2010 for
73/78 as revised in 2004 by Resolution MEPC 117(52)
Category 2 and Category 3 oil tankers.
adopted by the IMO’s Marine Environment Protection
Committee (MEPC) in order to reduce the risk of
accidental oil pollution in European waters.
(17) Regulation
20
of
Annex
I
to
MARPOL
73/78
introduces
a requirement that all single-hull oil tankers may only
continue to operate subject to compliance with a
(13) Resolution
MEPC 114(50), adopted on 4 December
Condition Assessment Scheme (CAS), adopted on
2003, introduced a new Regulation 21 into Annex I to
27 April 2001 by Resolution MEPC 94(46) as
MARPOL 73/78 on the prevention of oil pollution from
amended by Resolution MEPC 99(48) of 11 October
oil tankers when carrying heavy grade oil (HGO) which
2002 and by Resolution MEPC 112(50) of 4 December
bans the carriage of HGO in single-hull oil tankers. Para
2003. The CAS imposes an obligation that the flag State
graphs 5, 6 and 7 of Regulation 21 provide for the
administration issues a Statement of Compliance and is
possibility of exemptions from the application of
involved in the CAS survey procedures. The CAS is
certain provisions of that Regulation. The statement by
designed to detect structural weaknesses in ageing oil
the Italian Presidency of the European Council on behalf
tankers and should apply to all oil tankers above the
of the European Union, recorded in the official report of
age of 15 years.
the MEPC on its 50th session (MEPC 50/3), expresses a
political commitment to refrain from making use of
those exemptions.
(18) Regulation
20.5
of
Annex
I
to
MARPOL
73/78
allows
for an exception for Category 2 and Category 3 oil
tankers to operate, under certain circumstances, beyond
(14) Amendments
to
MARPOL
73/78
adopted
by
the
IMO
on
the time limit of their phasing-out. Regulation 20.8.2 of
6 March 1992 entered into force on 6 July 1993. Those
the same Annex gives the right for Parties to MARPOL
measures impose double-hull or equivalent design
73/78 to deny entry into the ports or offshore terminals
requirements for oil tankers delivered on or after 6 July
under their jurisdiction to oil tankers allowed to operate
1996 aimed at preventing oil pollution in the event of
under this exception. Member States have declared their
collision or stranding. Within those amendments, a
intention to use this right. Any decision to have recourse
phasing-out scheme for single-hull oil tankers delivered
to this right should be communicated to the IMO.
before that date took effect from 6 July 1995 requiring
oil tankers delivered before 1 June 1982 to comply with
the double-hull or equivalent design standards not later
than 25 years and, in some cases, 30 years after the date
(19) It is important to ensure that the provisions of this
of their delivery. Such existing single-hull oil tankers
Regulation do not lead to the safety of crew or oil
would not be allowed to operate beyond 2005 and, in
tankers in search of a safe haven or a place of refuge
some cases, 2012 unless they comply with the double-
being endangered.
hull or equivalent design requirements of Regulation 19
of Annex I to MARPOL 73/78. For existing single-hull oil
tankers delivered after 1 June 1982 or those delivered
before 1 June 1982 and which have been converted to
(20) In order to allow shipyards in Member States to repair
comply with the requirements of MARPOL 73/78 on
single-hull oil tankers, Member States may make
segregated ballast tanks and their protective location,
exceptions to allow entry into their ports of such
this deadline will be reached at the latest in 2026.
vessels, provided they are not carrying any cargo.
(15) Important
amendments
to
Regulation
20
of
Annex
I
to
(21) It is very unlikely that the IMO would modify the
MARPOL 73/78 were adopted on 27 April 2001 by the
content of the relevant Regulations in MARPOL 73/78
46th session of the MEPC by Resolution MEPC 95(46)
and Resolutions MEPC 111(50) and 94(46) adopted by

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EN
30.6.2012 Official
Journal
of
the
European
Union L
172/5
the MEPC referred to in this Regulation. However, non-
(1) ‘MARPOL 73/78’ means the International Convention for
substantial amendments, such as renumbering, could be
the Prevention of Pollution from Ships, 1973, as amended
introduced in those texts. In order to keep this Regu
by the Protocol of 1978 relating thereto, in their up-to-
lation updated with the most recent developments of
date versions;
relevant international law, the power to adopt acts in
accordance with Article 290 of the Treaty on the Func
tioning of the European Union should be delegated to
(2) ‘oil tanker’ means an oil tanker as defined in Regulation
the Commission only in respect of such amendments in
1.5 of Annex I to MARPOL 73/78;
so far as they do not broaden the scope of this Regu
lation. It is of particular importance that the Commission
carry out appropriate consultations during its preparatory
work, including at expert level. The Commission, when
(3) ‘deadweight’ means deadweight as defined in Regulation
preparing and drawing up delegated acts, should ensure a
1.23 of Annex I to MARPOL 73/78;
simultaneous, timely and appropriate transmission of
relevant documents to the European Parliament and
Council,
(4) ‘Category 1 oil tanker’ means an oil tanker of 20 000
tonnes deadweight or above and carrying crude oil, fuel
oil, heavy diesel oil or lubricating oil as cargo or of
HAVE ADOPTED THIS REGULATION:
30 000 tonnes deadweight or above and carrying oil
other than the above and which does not comply with
the requirements in Regulations 18.1 to 18.9, 18.12 to
Article 1
18.15, 30.4, 33.1, 33.2, 33.3, 35.1, 35.2 and 35.3 of
Annex I to MARPOL 73/78;
Purpose
The purpose of this Regulation is to establish an accelerated
phasing-in scheme for the application of the double-hull or
(5) ‘Category 2 oil tanker’ means an oil tanker of 20 000
equivalent design requirements of MARPOL 73/78, as defined
tonnes deadweight or above and carrying crude oil, fuel
in Article 3 of this Regulation, to single-hull oil tankers, and to
oil, heavy diesel oil or lubricating oil as cargo or of
ban the transport to or from ports of the Member States of
30 000 tonnes deadweight or above and carrying oil
heavy grade oil in single-hull oil tankers.
other than the above and which complies with the
requirements in Regulations 18.1 to 18.9, 18.12 to
18.15, 30.4, 33.1, 33.2, 33.3, 35.1, 35.2 and 35.3 of
Article 2
Annex I to MARPOL 73/78 and is fitted with segregated
ballast tanks protectively located (SBT/PL);
Scope
1. This
Regulation
shall
apply
to
oil
tankers
of
5
000
tonnes
deadweight and above:
(6) ‘Category 3 oil tanker’ means an oil tanker of 5 000
tonnes deadweight or above but less than that specified
in points (4) and (5);
(a) which fly the flag of a Member State;
(7) ‘single-hull oil tanker’ means an oil tanker which does not
(b) irrespective of their flag, which enter or leave a port or
comply with the double-hull or equivalent design
offshore terminal or anchor in an area under the jurisdiction
requirements in Regulations 19 and 28.6 of Annex I to
of a Member State.
MARPOL 73/78;
For the purposes of Article 4(3), this Regulation shall apply to
(8) ‘double-hull oil tanker’ means an oil tanker:
oil tankers of 600 tonnes deadweight and above.
(a) of 5 000 tonnes deadweight or above, complying with
2. This
Regulation
shall
not
apply
to
any
warship,
naval
the double-hull or equivalent design requirements in
auxiliary or other ship, owned or operated by a State and
Regulations 19 and 28.6 of Annex I to MARPOL
used, for the time being, only on government non-commercial
73/78 or with the requirements in Regulation 20.1.3
service. Member States shall, so far as is reasonable and prac
thereof; or
ticable, endeavour to respect this Regulation for the ships
referred to in this paragraph.
(b) of 600 tonnes deadweight or above but less than
5 000 tonnes deadweight, fitted with double-bottom
Article 3
tanks or spaces complying with Regulation 19.6.1 of
Definitions
Annex I to MARPOL 73/78 and wing tanks or spaces
arranged in accordance with Regulation 19.3.1 thereof
For the purpose of this Regulation, the following definitions
and complying with the requirement as to distance w
shall apply:
in Regulation 19.6.2 thereof;

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L 172/6
EN
Official Journal of the European Union
30.6.2012
(9) ‘age’ means the age of the ship, expressed in number of
Article 5
years from its date of delivery;
Compliance with the Condition Assessment Scheme
Irrespective of its flag, a single-hull oil tanker above 15 years of
(10) ‘heavy diesel oil’ means diesel oil as defined in Regulation
age shall not be allowed to enter or leave ports or offshore
20 of Annex I to MARPOL 73/78;
terminals or anchor in areas under the jurisdiction of a
Member State unless such tanker complies with the Condition
(11) ‘fuel oil’ means heavy distillates of crude oil or residues
Assessment Scheme referred to in Article 6.
therefrom or blends of such materials as defined in Regu
lation 20 of Annex I to MARPOL 73/78;
Article 6
Condition Assessment Scheme
(12) ‘heavy grade oil’ means:
For the purposes of Article 5, the Condition Assessment
Scheme adopted by Resolution MEPC 94(46) of 27 April
(a) crude oils of a density at 15 °C of over 900 kg/m 3
2001 as amended by Resolution MEPC 99(48) of 11 October
(corresponding to an API grade of less than 25,7);
2002 and by Resolution MEPC 112(50) of 4 December 2003,
shall apply.
(b) oils other than crude oils and of a density at 15 °C of
over 900 kg/m 3 or a kinematic viscosity at 50 °C of
Article 7
over 180
mm 2 /s (corresponding to a kinematic
Final date
viscosity of over 180 cSt);
After the anniversary of the date of delivery of the ship in
2015, the following shall no longer be allowed:
(c) bitumen and tar and emulsions thereof.
(a) the continued operation, in accordance with Regulation
Article 4
20.5 of Annex I to MARPOL 73/78, of Category 2 and
Compliance with the double-hull or equivalent design
Category 3 oil tankers under the flag of a Member State;
requirements by single-hull oil tankers
1. No
oil
tanker
shall
be
allowed
to
operate
under
the
flag
of (b) the entry into the ports or offshore terminals under
a Member State, nor shall any oil tanker, irrespective of its flag,
the jurisdiction of a Member State of other Category 2
be allowed to enter into ports or offshore terminals under the
and Category 3 oil tankers, irrespective of the fact
jurisdiction of a Member State unless such tanker is a double-
that they continue to operate under the flag of a third
hull oil tanker.
State in accordance with Regulation 20.5 of Annex I to
MARPOL 73/78.
2. Notwithstanding
paragraph
1,
oil
tankers
of
Category
2
or
Category 3 which are equipped only with double bottoms or
Article 8
double sides not used for the transport of oil and extending for
Exemptions for ships in difficulty or for ships to be
the whole length of the cargo tank, or with double-hulled
repaired
spaces not used for the transport of oil and extending for the
whole length of the cargo tank, but which do not meet the
By way of derogation from Articles 4, 5 and 7, the competent
conditions for exemption from the provisions of Regulation
authority of a Member State may, subject to national provisions,
20.1.3 of Annex I to MARPOL 73/78, may continue to be
allow, under exceptional circumstances, an individual ship to
operated, but not beyond the anniversary of the date of
enter or leave a port or offshore terminal or anchor in an
delivery of the ship in the year 2015 or the date on which
area under the jurisdiction of that Member State, when:
the ship reaches the age of 25 years from its date of delivery,
whichever is the sooner.
(a) an oil tanker is in difficulty and in search of a place of
refuge;
3. No oil tanker carrying heavy grade oil shall be allowed to
fly the flag of a Member State unless such tanker is a double-
hull oil tanker.
(b) an unloaded oil tanker is proceeding to a port of repair.
No oil tanker carrying heavy grade oil, irrespective of its flag,
Article 9
shall be allowed to enter or leave ports or offshore terminals or
Notification to the IMO
to anchor in areas under the jurisdiction of a Member State,
unless such tanker is a double-hull oil tanker.
1. Each
Member
State
shall
inform
the
IMO
of
its
decision
to
deny entry to oil tankers, pursuant to Article 7 of this Regu
lation, operating in accordance with Regulation 20.5 of Annex I
4. Oil
tankers
operated
exclusively
in
ports
and
inland
navi
to MARPOL 73/78 into the ports or offshore terminals under
gation may be exempted from paragraph 3 provided that they
its jurisdiction, on the basis of Regulation 20.8.2 of Annex I to
are duly certified under inland waterway legislation.
MARPOL 73/78.

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30.6.2012 Official
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2. Each
Member
State
shall
notify
the
IMO
if
it
allows, 3. The
delegation
of
power
referred
to
in
Article
10(1)
may
suspends, withdraws or declines the operation of a Category
be revoked at any time by the European Parliament or by the
1 or a Category 2 oil tanker entitled to fly its flag, in accordance
Council. A decision to revoke shall put an end to the delegation
with Article 5 of this Regulation, on the basis of Regulation
of the power specified in that decision. It shall take effect the
20.8.1 of Annex I to MARPOL 73/78.
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
therein. It shall not affect the validity of any delegated acts
Article 10
already in force.
Amendment procedure
1. The
Commission
shall
be
empowered
to
adopt
delegated 4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
acts in accordance with Article 11 concerning the alignment of
notify it simultaneously to the European Parliament and to the
the references in this Regulation to the non-substantial amend
Council.
ments, such as renumbering, adopted by the IMO to the Regu
lations of Annex I to MARPOL 73/78, as well as to Resolutions
MEPC 111(50) and 94(46) as amended by Resolutions MEPC
99(48) and 112(50), in so far as such amendments do not
5. A
delegated
act
adopted
pursuant
to
Article
10(1)
shall
broaden the scope of this Regulation.
enter into force only if no objection has been expressed either
by the European Parliament or by the Council within a period
of two months of notification of that act to the European
2. The
amendments
to
MARPOL
73/78
may
be
excluded Parliament and to the Council or if, before the expiry of that
from the scope of this Regulation, pursuant to Article 5 of
period, the European Parliament and the Council have both
Regulation (EC) No 2099/2002 of the European Parliament
informed the Commission that they will not object. That
and of the Council of 5 November 2002 establishing a
period shall be extended by two months at the initiative of
Committee on Safe Seas and the Prevention of Pollution from
the European Parliament or of the Council.
Ships (COSS) and amending the Regulations on maritime safety
and the prevention of pollution from ships ( 1 ).
Article 12
Article 11
Repeal
Exercise of the delegation
Regulation (EC) No 417/2002 is repealed.
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this article.
References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
2. The power to adopt the delegated acts referred to in
with the correlation table in Annex II.
Article 10(1) shall be conferred on the Commission for a
period of five years from 20 July 2012. The Commission
shall draw up a report in respect of the delegation of power
Article 13
not later than nine months before the end of the five-year
Entry into force
period. The delegation of power shall be tacitly extended for
periods of an identical duration, unless the European Parliament
This Regulation shall enter into force on the twentieth day
or the Council opposes such extension not later than three
following that of its publication in the Official Journal of the
months before the end of each period.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 13 June 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN
( 1 ) OJ L 324, 29.11.2002, p. 1.

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L 172/8
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Official Journal of the European Union
30.6.2012
ANNEX I
Repealed Regulation with list of its successive amendments
(referred to in Article 12)
Regulation (EC) No 417/2002 of the European Parliament and of the Council
(OJ L 64, 7.3.2002, p. 1)
Regulation (EC) No 2099/2002 of the European Parliament and of the Council
Only Article 11
(OJ L 324, 29.11.2002, p. 1)
Regulation (EC) No 1726/2003 of the European Parliament and of the Council
(OJ L 249, 1.10.2003, p. 1)
Commission Regulation (EC) No 2172/2004
(OJ L 371, 18.12.2004, p. 26)
Regulation (EC) No 457/2007 of the European Parliament and of the Council
(OJ L 113, 30.4.2007, p. 1)
Regulation (EC) No 219/2009 of the European Parliament and of the Council
Only point 7.4 of the
(OJ L 87, 31.3.2009, p. 109)
Annex
Commission Regulation (EC) No 1163/2009
(OJ L 314, 1.12.2009, p. 13)

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ANNEX II
Correlation Table
Regulation (EC) No 417/2002 This
Regulation
Article 1 Article
1
Article 2(1), introductory words Article
2(1),
introductory
words
Article 2(1), first subparagraph, first indent Article
2(1),
first
subparagraph,
point
(b)
Article 2(1), first subparagraph, second indent Article
2(1),
first
subparagraph,
point
(a)
Article 2(1), second subparagraph Article
2(1),
second
subparagraph
Article 2(2) Article
2(2)
Article 3 Article
3
Article 4(1) introductory words Article
4(1)
Article 4(1), point (a)
—
Article 4(1), point (b)
—
Article 4(2) Article
4(2)
Article 4(3) Article
4(3)
Article 4(4) Article
4(4)
Article 4(5)
—
Article 4(6)
—
Article 5 Article
5
Article 6 Article
6
Article 7, introductory words Article
7,
introductory
words
Article 7, first indent Article
7(a)
Article 7, second indent Article
7(b)
Article 7, final words Article
7,
introductory
words
Article 8(1), introductory wording Article
8,
introductory
wording
Article 8(1), first indent Article
8(a)
Article 8(1), second indent Article
8(b)
Article 8(2)
—
Article 9(1)
—
Article 9(2) Article
9(1)
Article 9(3) Article
9(2)
Article 10
—
Article 11 Article
10
— Article
11
—
—
Article 12 Article
12,
first
paragraph
— Article
12,
second
paragraph
Article 13 Article
13
— Annex
I
— Annex
II

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