Legal provisions of COM(1997)88-2 - Reduction of the sulphur content of certain liquid fuels - Main contents
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| dossier | COM(1997)88-2 - Reduction of the sulphur content of certain liquid fuels. |
|---|---|
| document | COM(1997)88  |
| date | April 26, 1999 |
Contents
- Article 1 - Purpose and scope
- Article 2 - Definitions
- Article 3 - Maximum sulphur content of heavy fuel oil
- Article 4 - Maximum sulphur content in gas oil
- Article 5 - Change in the supply of fuels
- Article 6 - Sampling and analysis
- Article 7 - Reporting and review
- Article 8 - Amendments to Directive 93/12/EEC
- Article 9 - Advisory Committee
- Article 10 - Transposition
- Article 11 - Penalties
- Article 12 - Entry into force
- Article 13 - Addressees
Article 1 - Purpose and scope
2. Reductions in the emissions of sulphur dioxide resulting from the combustion of certain petroleum-derived liquid fuels shall be achieved by imposing limits on the sulphur content of such fuels as a condition for their use within the territory of the Member States.
The limitations on the sulphur content of certain petroleum-derived liquid fuels as laid down in this Directive shall not, however, apply to:
(a) - petroleum derived liquid fuels used by seagoing ships, except those fuels falling within the definition in Article 2(3),
- marine gas oil used by ships crossing a frontier between a third country and a Member State;
(b) fuels intended for processing prior to final combustion;
(c) fuels to be processed in the refining industry.
Article 2 - Definitions
1. heavy fuel oil means:
- any petroleum-derived liquid fuel falling within CN code 2710 00 71 to 2710 00 78, or
- any petroleum-derived liquid fuel, other than gas oil as defined in points 2 and 3, which, by 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 ASTM D86 method. If the distillation cannot be determined by the ASTM D86 method, the petroleum product is likewise categorised as a heavy fuel oil;
2. gas oil means:
- any petroleum-derived liquid fuel falling within CN code 2710 00 67 or 2710 00 68, or
- any petroleum-derived liquid fuel which, by reason of its distillation limits, falls within the category of middle distillates intended for use as fuel and of which at least 85 % by volume (including losses) distils at 350 °C by the ASTM D86 method.
Diesel fuels as defined in Article 2(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 and amending Council Directive 93/12/EEC(9) are excluded from this definition. Fuels used in non-road mobile machinery and agricultural tractors are also excluded from this definition;
3. marine gas oil means fuels intended for marine use which meet the definition in point 2 or which have a viscosity or density falling within the ranges of viscosity or density defined for marine distillates in Table I of ISO 8217 (1996);
4. ASTM method means the methods laid down by the American Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products;
5. combustion plant means any technical apparatus in which fuels are oxidised in order to use the heat generated;
6. critical load means a quantitative estimate of exposure to one or more pollutants below which significant harmful effects on sensitive elements of the environment do not occur according to current knowledge.
Article 3 - Maximum sulphur content of heavy fuel oil
2. Provided that the air quality standards for sulphur dioxide laid down in Directive 80/779/EEC(10) or in any Community legislation which repeals and replaces these standards and other relevant Community provisions are respected and the emissions do not contribute to critical loads being exceeded in any Member State, a Member State may authorise heavy fuel oils with a sulphur content of between 1,00 and 3,00 % by mass to be used in part or the whole of its territory. Such authorisation shall apply only while emissions from a Member State do not contribute to critical loads being exceeded in any Member State.
3. (i) Subject to appropriate monitoring of emissions by competent authorities paragraphs 1 and 2 shall not apply to heavy fuel oils used:
(a) in combustion plants which fall within the scope of Directive 88/609/EEC, which are considered new plants in accordance with the definition given in Article 2(9) of that Directive and which comply with the sulphur dioxide emission limits for such plants set out in Article 4 of and Annex IV to that Directive;
(b) in other combustion plants, which do not fall under the scope of (a), where the emissions of sulphur dioxide from the plant are less than or equal to 1700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;
(c) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all plants in the refinery (excluding combustion plants which fall under the scope of (a)), irrespective of the type of fuel or fuel combination used, are within a limit to be set by each Member State, which shall not exceed 1700 mg/Nm3.
(ii) Member States shall take the necessary measures to ensure that any combustion plant using heavy fuel oil with a sulphur concentration greater than that referred to in paragraph 1 shall not be operated without a permit issued by a competent authority, which specifies the emission limits.
4. The provisions of paragraph 3 shall be reviewed and, if appropriate, revised in the light of any future revision of Directive 88/609/EEC.
5. If a Member State avails itself of the possibilities referred to in paragraph 2, it shall, at least 12 months beforehand, inform the Commission and the public. The Commission shall be given sufficient information to assess whether the criteria mentioned in paragraph 2 are met. The Commission shall inform the other Member States.
Within six months of the date on which it receives the information from the Member State, the Commission shall examine the measures envisaged and, in accordance with the procedure set out in Article 9, take a decision which it shall communicate to the Member States. This decision shall be reviewed every eight years on the basis of information to be provided to the Commission by the Member States concerned in accordance with the procedure set out in Article 9.
Article 4 - Maximum sulphur content in gas oil
- July 2000 if their sulphur content exceeds 0,20 % by mass,
- 1 January 2008 if their sulphur content exceeds 0,10 % by mass.
2. By way of derogation from paragraph 1, Spain, for the Canary Islands, France, for the French Overseas Departments, Greece, for the whole or part of its territory, and Portugal, for the archipelagoes of Madeira and Azores may authorise the use of gas oils for marine use with a sulphur content in excess of the limits set out in paragraph 1.
3. Provided that the air quality standards for sulphur dioxide laid down in Directive 80/779/EEC or in any Community legislation which repeals and replaces these standards and other relevant Community provisions are respected and the emissions do not contribute to critical loads being exceeded in any Member State, a Member State may authorise gas oil with a sulphur content between 0,10 and 0,20 % by mass to be used in part or the whole of its territory. Such authorisation shall apply only while emissions from a Member State do not contribute to critical loads being exceeded in any Member State and shall not extend beyond 1 January 2013.
4. If a Member State avails itself of the possibilities referred to in paragraph 3, it shall, at least 12 months beforehand, inform the Commission and the public. The Commission shall be given sufficient information to assess whether the criteria mentioned in paragraph 3 are met. The Commission shall inform the other Member States.
Within six months of the date on which it receives the information from the Member State, the Commission shall examine the measures envisaged and, in accordance with the procedure set out in Article 9, take a decision which it shall communicate to the Member States.
Article 5 - Change in the supply of fuels
Article 6 - Sampling and analysis
2. The reference method adopted for determining the sulphur content shall be that defined by:
(a) ISO method 8754 (1992) and PrEN ISO 14596 for heavy fuel oil and marine gas oil;
(b) EN method 24260 (1987), ISO 8754 (1992) and PrEN ISO 14596 for gas oil.
The arbitration method will be PrEN ISO 14596. The statistical interpretation of the verification of the sulphur content of the gas oils used shall be carried out in accordance with ISO standard 4259 (1992).
Article 7 - Reporting and review
2. On the basis inter alia of the annual reports submitted in accordance with paragraph 1 and the observed trends in air quality and acidification, the Commission shall, by 31 December 2006, submit a report to the European Parliament and to the Council. The Commission may submit with its report proposals aimed at revising this Directive and in particular the limit values laid down for each fuel category and the exceptions and derogations provided for in Article 3(2) and (3), and Article 4(2) and (3).
3. The Commission shall consider which measures could be taken to reduce the contribution to acidification of the combustion of marine fuels other than those specified in Article 2(3) and, if appropriate, make a proposal by the end of 2000.
Article 8 - Amendments to Directive 93/12/EEC
(a) in Article 1, paragraph 1(a) and paragraph 2 are deleted;
(b) in Article 2, the first subparagraph of paragraph 2 and paragraph 3 are deleted;
(c) Articles 3 and 4 are deleted.
2. Paragraph 1 shall apply as from 1 July 2000.
Article 9 - Advisory Committee
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 10 - Transposition
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.