17.2.2015   

EN

Official Journal of the European Union

L 41/55

(1)

A cost-efficient and coherent implementation and enforcement of Directive 1999/32/EC is of high priority to achieve its projected health and environmental benefits resulting from reduced sulphur dioxide emissions from shipping, thus promoting fair competition and increased sustainability of maritime transport.

(2)

In order to implement Articles 3a, 4a and 4b of Directive 1999/32/EC effectively, it is necessary that Member States ensure sufficiently frequent and accurate sampling of marine fuels delivered to ships or used on board ships, including inspections of ships' log books and bunker delivery notes.

(3)

Article 6(1) of Directive 1999/32/EC requires Member States to take all necessary measures to check by sampling the sulphur content of the marine fuel being used for on-board combustion while in relevant sea areas and ports. In this context, sampling should be broadly construed as covering all the methods of compliance verification set out in Article 6(1a)(a), (b) and (c) of that Directive.

(4)

Physical sampling of marine fuel being used for the purpose of verifying compliance should be carried out either through obtaining and analysing a fuel spot sample from the ship's fuel service system, or by analysing the relevant sealed bunker samples on board.

(5)

The frequency of sampling should be determined on the basis of the number of individual ships calling in a Member State, the verification of ship documentation, the use of alternative targeting technologies to ensure a fair share of burden among Member States and cost-effectiveness as well as specific alerts about individual ships.

(6)

The sampling of marine fuels while being delivered to ships should be targeted on marine fuel suppliers which have been repeatedly found not to comply with the specification stated on the bunker delivery note, taking into account the volume of marine fuels marketed by the supplier.

(7)

In order to implement Directive 1999/32/EC in a cost-effective manner, Member States should be encouraged to comply with the sampling frequency by selecting ships for fuel compliance verification on the basis of national risk-based targeting mechanisms or the use of innovative compliance verification technologies, and to share the collected information with other Members States.

(8)

A dedicated Union information system, developed and operated by the European Maritime Safety Agency, available to Member States from 1 January 2015, is to serve as a platform to record and exchange information on the results of individual compliance verifications under Directive 1999/32/EC. Member States should be encouraged to use the system, that can significantly contribute towards rationalising and optimising the assessment of the compliance with the requirements of that Directive.

(9)

In order not to impose a disproportionate administrative burden on Member States without a coast line, on ships flying their flag or on their marine fuel suppliers, certain provisions should not apply to those Member States.

(10)

Reporting should take into account the best use of all available and state-of-the-art technologies so that the administrative burden is kept to a minimum, while leaving flexibility to those Member States which might prefer to report in a more traditional way. Therefore, Member States have the possibility to use the Union information system to fulfil the relevant annual reporting obligations under Directive 1999/32/EC.

(11)

Not earlier than 1 January 2016, and subject to the availability of common shared data regarding sulphur compliance verifications and sampling, Member States may use the risk-based targeting mechanism integrated into the Union information system to prioritise ship fuel verification in a cost-effective manner.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 9(1) of Directive 1999/32/EC,

(1)

‘Service tank’ means a tank from where fuel is taken to feed the downstream fuel-oil combustion machinery;

(2)

‘Fuel service system’ means the system supporting the distribution, filtration, purification and supply of fuel from the service tanks to the fuel-oil combustion machinery;

(3)

‘Ship's representative’ means the ship's master or officer in charge who is responsible for the marine fuels being used, documentation and for agreeing on the alternative fuel sampling point location;

(4)

‘Sulphur inspector’ means a person duly authorised by the competent authority of a Member State to verify compliance with the provisions of Directive 1999/32/EC;

(5)

‘Union information system’ means a system using the port call data of individual ships within SafeSeaNet, the information management system established by Article 22a of Directive 2002/59/EC of the European Parliament and of the Council (2) ('SafeSeaNet'), to record and exchange information on the results of individual compliance verifications under Directive 1999/32/EC, and operated by the European Maritime Safety Agency. A Union risk-based targeting mechanism is developed on the basis of those results of individual compliance verifications and associated findings under Directive 1999/32/EC.

(a)

40 % in Member States fully bordering SOx Emission Control Areas (SECAs);

(b)

30 % in Member States partly bordering SECAs;

(c)

20 % in Member States not bordering SECAs.

(a)

by subtracting the number of individual ships for which possible non-compliance is verified using remote sensing technologies or quick scan analysing methods; or

(b)

by setting an appropriate number where document verifications in accordance with paragraph 1 are carried out on board of at least 40 % of the individual ships calling in the relevant Member State per year.

(a)

inspection of ships' log books and bunker delivery notes;

(b)

as appropriate, one or both of the following means of sampling and analysis:

(a)

be easily and safely accessible;

(b)

take into account different fuel grades being used for the fuel-oil combustion machinery item;

(c)

be downstream of the fuel in use from the service tank;

(d)

be as close to the fuel inlet of the fuel-oil combustion machinery item as feasible and safely possible taking into account the type of fuels, flow-rate, temperature, and pressure behind the selected sampling point;

(e)

be proposed by the ship's representative and accepted by the sulphur inspector.

(a)

that the sample bottles are sealed by the sulphur inspector with a unique means of identification installed in the presence of the ship's representative;

(b)

that two sample bottles are taken ashore for analysis;

(c)

that one sample bottle is retained by the ship's representative for a period of not less than 12 months from the date of collection.

(a)

the total annual number and type of non-compliance of measured sulphur content in examined fuel, including the extent of individual sulphur content non-conformity and the average sulphur content determined following sampling and analysis;

(b)

the total annual number of document verifications, including bunker delivery notes, location of fuel bunkering, oil record books, log books, fuel change-over procedures, and records;

(c)

claims of non-availability of marine fuels as referred to in Article 4a(5b) of Directive 1999/32/EC, including the ship details, bunkering port and Member States where the non-availability occurred, number of claims made by the same ship, and type of bunker unavailable;

(d)

notifications and letters of protest with respect to the sulphur content of fuels against marine fuel suppliers in their territory;

(e)

a list containing the name and address of all marine fuel suppliers in the relevant Member State;

(f)

the description of the use of alternative emission abatement methods, including trials and continuous emission monitoring, or alternative fuels and compliance checks of continuous achievement of SOx reduction in accordance with Annexes I and II to Directive 1999/32/EC of the ships flying the flag of the Member State;

(g)

where applicable, description of national risk-based targeting mechanisms, including specific alerts, and the use and outcome of remote sensing and other available technologies for prioritising individual ships for compliance verification;

(h)

total number and type of infringement procedures initiated or penalties or both, the amount of fines imposed by the competent authority to both ship operators and marine fuel suppliers;

(i)

for each individual ship, following the inspection of its log books and bunker delivery notes or sampling or both: