Key Benefits:
Royal Decree 61/2006 of 31 January laying down the specifications for petrol, gas oils, fuel oils and liquefied petroleum gases, regulates the use of certain biofuels and the sulphur content of these fuels. fuels for maritime use, updated the specifications of petroleum products and regulated the use of biofuels.
Royal Decree 1027/2006 of 15 September amended the said Royal Decree 61/2006 of 31 January concerning the sulphur content of fuels for maritime use in order to adapt it to Directive 2005 /33/EC of the European Parliament and of the Council European Parliament and the Council of 6 July 2005 amending Directive 1999 /32/EC as regards the sulphur content of fuels for maritime use.
The adoption of Directive 2012/33/EU of the European Parliament and of the Council of 21 November 2012 constitutes a further amendment of Directive 1999 /32/EC as regards the sulphur content of fuels for use maritime.
Directive 2012/33/EU provides for measures to reduce emissions from ships due to the combustion of marine fuels with a high sulphur content and which contribute to the reduction of emissions from ships. air pollution in the form of sulphur dioxide and particulate matter, which harms human health and the environment and participates in acid deposits. It also provides for measures to reduce air pollution caused by ships docked in port, which is a serious cause of concern for many port cities, with regard to their efforts to respect the limits of air quality established by the European Union.
Therefore, this amendment to Directive 1999 /32/EC affects the content of Articles 3, 4, 7, 9, 10, 11, the third additional provision and the second final provision of Royal Decree 61/2006 of 31 January. A new Article 12, a new additional provision is also added and two new annexes are incorporated.
This royal decree implements Directive 2012/33/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 1999 /32/EC as regards the sulphur content of fuels for maritime use.
The mandatory hearing procedure has been evacuated through the Hydrocarbons Advisory Council, whose comments and comments have been taken into account in the preparation of the relevant Commission report. National of Markets and Competition. It is, in accordance with the provisions of the fourth transitional provision of Law No 3/2013 of 4 June, of the establishment of the National Commission for Markets and Competition, that it has evacuated mandatory report IPN/DE/0003/14 of 8 May 2014.
The corresponding hearing procedure has also been evacuated to the shipping sector, dated July 29, 2014, without any comments made by them during this procedure.
This royal decree has its legal basis in the final provision of Law 34/1998, of 7 October, of the hydrocarbon sector, and in the final disposition of the text recast of the Law of Ports of the State and of the Marina Mercante, approved by the Royal Legislative Decree 2/2011 of 5 September, which authorizes the Government to approve, in the field of its competences, by royal decree the norms of development of said law.
Articles 149.1.25. and 149.1.20. of the Constitution attributes to the State exclusive competence on the basis of the energy regime and on the merchant marine.
In its virtue, on the proposal of the Minister of Industry, Energy and Tourism and the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on April 17, 2015,
DISPONGO
Single item. Amendment of Royal Decree 61/2006 of 31 January laying down the specifications for petrol, gas oils, fuel oils and liquefied petroleum gases, the use of certain biofuels and the sulphur content of fuels for maritime use.
One. Article 3 (4) is amended to be amended as follows:
" 4. They may not be used in Spanish gas oils which, in the following categories, have a sulphur content exceeding 0,10% by mass:
(a) Any liquid fuel derived from petroleum, excluding marine fuel, falling within CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19, according to the Council Regulation (EEC) No 2658/87 of 23 October 1987 on the tariff and statistical nomenclature and on
Common Customs Tariff(b) Any liquid fuel derived from petroleum, excluding marine fuel, of which less than 65% by volume (including losses) is distilled at 250 ° C and at least 85% by volume (including the losses) are distilled at 350 ° C by the ASTM D86 method or rule that in the future replaces it.
In any case, the gas oils referred to in paragraphs 1 to 3 above and the fuels used in mobile machinery other than the road and in agricultural tractors shall be excluded from these categories. '
Two. Article 4 shall be worded as follows:
" Article 4. Technical specifications for fuel oils.
" 1. The technical specifications for fuel oils, excluding marine fuel, are those listed in Annex IV to this royal decree.
2. The use of heavy fuel oil on a national territory whose sulphur content exceeds 1% by mass shall not be permitted. For these purposes, heavy fuel oil shall be understood:
(a) any liquid fuel derived from petroleum, excluding fuel for marine use, falling within CN codes 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39 in accordance with Regulation (EEC) No 2710; Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.
(b) any liquid fuel derived from oil other than gas oil as defined in points (a) and (b) of Article 3 (4) or in Article 9 (1) which, due to its distillation limits, belongs to the class of the Heavy fuel oil intended for use as a fuel and of which less than 65% by volume (including losses) is distilled at 250 ° C by the ASTM D86 method or standard which in the future replaces it If distillation cannot be determined by means of the ASTM D86 method, or rule that in the future the oil-derived product will also be classified as heavy fuel oil;
3. The maximum sulphur content set out in paragraph 2 above shall not apply to fuel oil used in:
(a) Large combustion plants referred to in Chapter V of the Regulation on industrial emissions and the development of Law 16/2002 of 1 July on integrated pollution prevention and control, approved by Royal Decree 815/2013 of 18 October.
b) Other combustion plants not included in point (a), when their OS emissions2 are equal to or less than 1,700 mg/Nm3, with an oxygen content in the combustion gases of 3 percent in volume, on a dry basis.
c) Oil Refineries, when the monthly average of the SO2 emissions averaged among all the refinery combustion plants, regardless of fuel type or fuel combination used, but excluding the facilities referred to in paragraph (a), gas turbines and gas engines, do not exceed 1,700 mg/Nm3, with an oxygen content in the flue gas of 3% by volume, on a dry basis. '
Three. Article 7 is amended as follows:
" Article 7. Sampling and analysis.
" 1. In order to comply with the provisions of Directives 98 /70/EC, 2003 /17/EC, 1999 /32/EC, 2005 /33/EC and 2012 /33/EU, as regards the monitoring of compliance with the specifications and submission to the European Commission of annual reports on the quality of the petroleum products covered by this royal decree, the autonomous communities shall take the necessary measures to control by sampling the technical specifications of gasoline, gas oils, fuels for use maritime and fuel oils. Such sampling shall be carried out after six months from the date on which the maximum limit of those specifications for the fuel in question is due, except in the case of marine fuels, for which the sampling shall be carried out on the date on which the corresponding maximum sulphur content limit enters into force. Sampling shall be carried out with sufficient frequency to ensure, in any case, that the samples are representative of the fuel examined.
2. Before 30 April of each year, the Autonomous Communities shall report to the Directorate-General for Energy Policy and Mines, from the Ministry of Industry, Energy and Tourism, the results of the sampling carried out. In the case of the sulphur content of marine fuels, the autonomous communities shall communicate these results to the General Directorate of the Merchant Navy of the Ministry of Public Works.
These results will have to be adjusted, in terms of petrol and diesel fuel (class A), to the format established for this purpose by Commission Decision of 18 February 2002 on a common format for the submission of national data summaries on the quality of fuels, set out in Annexes VIII and IX to this Royal Decree.
3. As regards class B gasoils, for marine use, fuels for marine use and diesel class C, for heating purposes, as well as for fuel oils, the data required shall indicate the sulphur content of the said products.
4. One of the following methods of sampling, analysis and inspection, as appropriate, may be used in order to ensure the sulphur content of marine fuels:
(a) Sampling of the marine fuel intended for combustion on board when the vessel is being supplied, in accordance with the Guidelines on the sampling of fuel oil to determine compliance with the requirements of this Directive. Annex VI to the revised International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention) adopted on 17 July 2009 by Resolution 182 (59) of the IMO Committee for the Protection of the Marine Environment (MARPOL), and analysis of its sulphur content.
(b) Sampling and analysis of the sulphur content of marine fuel intended for combustion on board tanks, where feasible from an economic and technical point of view, and in sealed samples on board vessels.
(c) Inspection of ship diaries and ship fuel delivery vouchers.
5. The reference method adopted for the determination of sulphur content shall be the ISO 8754 or prEN ISO 14596 (2007) method, or the rule that in the future replaces it.
In order to determine whether the marine fuel delivered and used on board ships complies with the established sulphur limits, the fuel verification procedure set out in Annex VI shall be used, Appendix VI to the MARPOL Convention, without prejudice to the determination and application of the accuracy data on the sulphur content to be carried out in accordance with ISO 4259 or the rule that in the future replaces it. '
Four. Article 9 shall be amended as follows:
" Article 9. Definitions.
" 1. 'marine fuel' means any liquid fuel derived from oil intended for use on board a vessel, including fuels defined in ISO 8217; or a rule that in the future replace, includes any liquid fuel derived from oil used on board inland waterway vessels or recreational craft, as defined in Directive 97 /68/EC of the European Parliament and of the Council of 16 December 1997, on the approximation of the laws of the Member States relating to measures against the emission of gases and particulate pollutants from internal combustion engines to be installed on non-road mobile machinery and in Directive 94 /25/EC of the European Parliament and of the Council of 16 June 1994 or provisions amending or amending Directive 94 /25/EC of the European Parliament and of the Council replace, on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, when these vessels are at sea.
2. 'diesel fuel for marine use' means any marine fuel defined for the quality of DMB in Table I of ISO 8217 or standard which in the future replaces it, with the exception of the reference to the sulphur content.
3. 'marine gas oil' means any marine fuel defined for the qualities DMX, DMA and DMZ in Table I of ISO 8217 or standard which in the future replaces it, with the exception of the reference to the sulphur content. '
Five. Article 10 is amended as follows:
" Article 10. Maximum sulphur content of marine fuels used in territorial waters, exclusive economic zones and pollution control zones, including zones for the control of SOx emissions.
1. In the territorial waters, exclusive economic zones and pollution control zones located within the SOx emission control zones, fuels for marine use the mass sulphur content of which exceeds the 0.10%.
This paragraph shall apply to any vessel of any flag, including those whose voyage has begun outside the European Union.
2. In territorial waters, exclusive economic zones and pollution control zones located outside the SOx emission control zones, fuels for marine use the mass sulphur content of which exceeds 0,50 shall not be used. %.
This paragraph shall apply to any vessel of any flag, including those whose voyage has commenced outside the European Union, without prejudice to paragraph 1 of this Article.
3. The Directorate-General of the Merchant Navy shall define and develop the procedures necessary to monitor compliance with the provisions of paragraph 1 and 2, to any vessel of any flag, including those whose voyage there is started outside the European Union.
4. The Directorate-General of the Merchant Navy shall require the completion of the daily logbooks of ships and/or books of hydrocarbons, including the registration of the fuel-change operations and the time to which it is carried out. operation.
If a ship is found to be in breach of the standards for marine fuels complying with this royal decree, the competent authority may require the vessel to:
a) to present a record of the measures taken to try to achieve such compliance, as well as
(b) providing evidence showing that it has attempted to acquire fuel for maritime use in accordance with this Royal Decree in accordance with its intended route and that, if it was not available in the intended locality, it has attempted to locate alternative sources of such fuel and that, despite all efforts to obtain fuel for marine use according to the present royal decree, this was not for sale.
The ship shall not be obliged, in order to achieve such compliance, to deviate from the intended route or to delay it in an unjustified manner.
If a vessel provides the information referred to in the first subparagraph, the General Directorate of the Merchant Navy shall take into account all relevant circumstances and the evidence presented to determine the actions to be taken. proceed, including non-adoption of control measures.
When a ship is unable to acquire marine fuel that is in conformity with this standard, it shall notify the relevant State whose flag it flies and the Maritime Captaincy of the relevant port of destination. The Maritime Captaincy shall communicate such notification to the Directorate-General of the Merchant Navy, who shall transmit to the European Commission the cases in which a vessel has presented evidence of non-availability of fuel for maritime use. in accordance with this standard.
5. In accordance with Rule 18 of Annex VI to the MARPOL Convention:
(a) The Port Administration shall maintain at its electronic headquarters, at the disposal of the data subjects, a database, listing or duly updated relationship of local suppliers of marine fuel;
b) Autonomous communities must ensure that the sulphur content of all marine fuels sold on Spanish territory and effectively loaded as fuel for the use of the vessel is documented by the supplier by means of a fuel delivery voucher, accompanied by a sealed sample signed by the representative of the receiving vessel;
(c) The autonomous communities shall take appropriate measures against fuel suppliers for maritime use if they deliver fuel that is not in accordance with the specification contained in the delivery voucher fuel and ensure that appropriate corrective measures are taken to bring into compliance any non-compliant marine fuel that has been discovered.
6. Diesel fuel for marine use or diesel for marine use, with a sulphur content of more than 1,50% and 0,10% by mass, respectively, shall not be placed on the market in Spanish territory. The autonomous communities shall take appropriate measures to verify compliance with this provision. "
Six. Article 11 shall be amended as follows:
" Article 11. Maximum sulphur content of marine fuels used by vessels docked at Spanish ports.
1. Vessels docked or anchored in ports located in national territory may not use fuels for marine use with a sulphur content exceeding 0,10% by mass, giving the crew sufficient time to carry out the any necessary fuel change operation as soon as possible after the docking and as late as possible before departure.
The time at which any fuel change operation is carried out shall be recorded in the navigation book and in the Ship Journal.
Competent port authorities will encourage the use of electricity supply systems from the coast for ships docked at ports.
2. The provisions of paragraph 1 shall not apply:
(a) When, in accordance with published schedules, ships are to remain docked for less than two hours;
b) To ships that turn off all machines and connect to onshore electricity while docked at a port. "
Seven. A new Chapter IV is added which will be worded as follows:
" CHAPTER IV
Applicable Sanctioning Regime for Sulphur Content of Fuels For Marine Use
Article 12. Sanctioning regime.
The applicable sanctioning regime for sulphur content of marine fuels will be the one set out in Title IV of book III of the recast text of the Law of State Ports and the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September and Title VI of Law 34/1998 of 7 October 1998, of the hydrocarbon sector, without prejudice to the powers conferred on the autonomous communities by virtue of their statutory provisions or in accordance with existing sectoral legislation. "
Eight. Paragraph (h) of the third provision is worded as follows:
" (h) The fuel used on board ships using emission reduction methods that allow for continuous reductions in SO2 emissions that are at least equivalent in accordance with the values of Annex X, which would be achieved by the use of marine fuels that meet the requirements of this royal decree.
Additionally, if the sulphur content of the marine fuel exceeds 3.5% by mass, these emission reduction methods must operate in closed systems.
The emission reduction methods referred to above shall comply with the criteria specified in the instruments referred to in Annex XI. "
Nine. The second final provision is worded as follows:
" Final Disposition Second. Enabling regulatory development and updating of attachments.
1. The Minister of Industry, Energy and Tourism and the Minister of Development, in the field of their respective competences, are enabled to dictate how many provisions are necessary for the development and implementation of the provisions of this royal decree.
2. The Minister for Industry, Energy and Tourism is hereby authorised to amend the formats set out in Annexes VIII and IX, which may also establish exclusively telematic procedures for referral, and the Minister for Public Works refers to Annexes X and XI, where such updates are necessary for the adjustment of such Annexes to European or international legislation.
3. The Minister for Development is hereby authorised to lay down the rules governing the testing of emission reduction methods on vessels flying the Spanish flag or in the sea areas where Spain exercises sovereignty, sovereign rights or (a) jurisdiction in accordance with the provisions of the technical legislation of the European Union. During the period of testing, the limits on the sulphur content laid down in this royal decree for marine fuels shall not apply, provided that all of the following conditions are met:
(a) The tests shall be notified in writing to the Commission and to any body concerned at least six months prior to their initiation.
(b) That the period of validity of the authorisations for the conduct of the tests does not exceed eighteen months, from the date of the authorisation.
(c) The vessels in which the tests are carried out are equipped with unalterable continuous control equipment for the emissions of chimney gases and use them during the period of the tests.
d) That the vessels involved achieve a reduction in emissions at least equivalent to that achieved by the sulphur limits in the fuels established in this royal decree.
e) That there are adequate waste management systems for the waste generated by the emission reduction methods during the trial period.
(f) To assess the impact on the marine environment, especially in the ecosystems of fenced ports, docks and estuaries during the conduct of the tests.
g) That the full results be notified to the Commission and made public within six months of the end of the period. "
Ten. Two new annexes are incorporated, which receive the numbering X and XI, which are inserted after this royal decree.
First transient disposition. Limits to the sulphur content of heavy fuel oils.
Until 31 December 2015, the derogation provided for in Article 4 (3) (a) shall be understood to apply to the large combustion plants referred to in Royal Decree 430/2004 of 12 March 2015 for which the derogation is granted. establish new rules on the limitation of emissions into the air of certain pollutants from large combustion plants, and set certain conditions for the control of emissions into the atmosphere of oil refineries.
Second transient disposition. Limits to the sulphur content of marine fuels.
1. The sulphur limit referred to in Article 10 (2) shall be 3,50% until 31 December 2019.
2. Notwithstanding the foregoing, until 1 January 2020, passenger vessels on scheduled services from or to any port of the European Union may not use in territorial waters, exclusive economic zones and control areas. pollution outside the SOx Emissions Control Zones, under the sovereignty of the Kingdom of Spain, fuels for maritime use whose sulphur content exceeds 1,50% by mass.
The Directorate-General of the Merchant Navy of the Ministry of Development shall define and develop the procedures necessary to monitor compliance with this requirement, at least as regards the vessels flying the flag of the Ministry of Development. Spanish flag and vessels of any flag while remaining in Spanish ports.
Final disposition first. Competence title.
This royal decree is dictated by the provisions of Articles 149.1.25. and 149.1.20. of the Constitution, which attributes to the State the competence in matters of the basis of the energy and merchant marine regime.
Final disposition second. Incorporation of European Union law.
By this royal decree, Directive 2012/33/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 1999 /32/EC as regards sulphur content is incorporated into Spanish law. of fuels for maritime use.
Final disposition third. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on April 17, 2015.
FELIPE R.
The Vice President of the Government and Minister of the Presidency,
SORAYA SAENZ DE SANTAMARIA ANTON
" ANNEX X
Emission equivalent values for emission reduction methods
|
sulphur content of marine fuels (% m/m) | OS emissions ratio2 (ppm) /CO2 (% v/v) | |
|---|---|---|
|
| 151.7 | |
|
| 65.0 | |
| 1.00 | 1.00 | 43.3 |
| 0.50 | 21.7 | |
| 4.3 |
NOTE:
• The limits set for the emission ratio are only applied when petroleum-derived distillate or residual fuel oils are used.
• In justified cases, when the exhaust gas purification unit reduces the concentration of CO2, the latter can be measured at the inlet of the exhaust gas purification unit, provided the accuracy of the of such a methodology can be clearly demonstrated.
ANNEX XI
Usage criteria for emission reduction methods
The emission reduction methods referred to in the Additional Disposition Terceradeban meet at least the criteria specified in the following instruments, as appropriate:
|
Reduction Method | Usage |
|---|---|
| Mix of fuel for marine and evaporative gas use. | Commission Decision 2010 /769/EU of 13 December 2010 laying down the applicable criteria for the use of liquefied natural gas (LNG) vessels to use technological methods as an alternative to the use of marine fuels with a low sulphur content meeting the requirements of Article 4 ter of Council Directive 1999 /32/EC on the reduction of the sulphur content of certain liquid fuels, as amended by Directive 2005 /33/EC of the European Parliament and of the Council as regards the sulphur content of marine |
|
Systems for the purification of exhaust gases. | IMO Resolution MEPC.184 (59), adopted on 17 July 2009. The washing water resulting from exhaust gas purification systems that make use of relevant additives, preparations and chemical products created in situ referred to in point 10.1.6.1 of the Resolution MEPC.184 (59) may not be discharged at sea, including fenced ports, docks and estuaries, unless the operator of the vessel proves that the discharge of the washing water does not have significant negative effects, or presents risks to human health or the environment. If the chemical used is caustic soda, it is sufficient that the washing water meets the criteria set out in Resolution MEPC.184 (59) and its pH does not exceed 8.0. |
|
| 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 use of biofuels of energy from renewable sources, which comply with the relevant CEN and ISO standards. Mixtures of biofuels and marine fuels shall comply with the standards for sulphur content set out in this Royal Decree
