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Implementation of EU legislation on

Sulphur content of Marine Fuels

Training on Enforcement
provisions of the Sulphur

EMSA, Lisbon, 4-5 February 2015

European Commission
DG Environment
Air and Industrial Emissions

Sulphur Content of Marine Fuels
International policy framework (IMO)
EU policy framework (S Directive)

EU Implementation and enforcement of S Directive

COM Implementing decision


New Legal Measures on

Inspection of marine fuels
Reporting by EU MSs

EU initiatives on Implementation
The European Sustainable Shipping Forum
EU Policies on Emission Control and Transport


Sulphur Content of Marine Fuels

International Policy Framework
Adopted in 1997
To minimize airborne emissions from ships
(SOx, NOx, ODS, VOC, CO2)

Annex VI entered into force in 2005

Revised Annex VI with significant tighter emissions limits
adopted in October 2008, entered into force in July 2010
77 IMO Parties ratified Annex VI (incl. 24 EU MS)
representing 94.77% of world merchant shipping tonnage

Sulphur Content of Marine Fuels

International Policy Framework
IMO MARPOL Annex VI 2008 amendments

Global sulphur limit:

3,50% sulphur content from 1/1/2012
0,50% from after 1/1/2020 (*)

SOx-ECA sulphur limit

1,00% after 1/7/2010
0,10% after 1/1/2015

Sulphur Content of Marine Fuels

EU Policy Framework
The EU 'Sulphur Directive' (1999/32/EC)
Sulphur content in heavy fuels and gas oil, including marine gas oil and
diesel oil, regulated in the EU since early 2000
Amendments Directive 2005/33/EC & Directive 2012/33/EU
brought EU legislation in line with the MARPOL revisions (1997 and 2008
changes) as per international commitment
Integral part of EU policy on Air Quality control:
reduce SOx (and PM) shipping emissions due to combustion of marine fuel
with high sulphur content through cost-effective measures
prevent their contribution to air pollution -which harm human health and the
environment becomes higher than the one from land-based sources

Sulphur Content of Marine Fuels

EU Policy Framework
Amending Directive 2012/33/EC adopted in Nov. 2012, transposed by MS by
June 2014.
1.00% until Dec. 2014 and 0.10% as from Jan. 2015 for SECAs
3,50% as of June 2014 and 0,50% as of Jan. 2020 global cap
0,10% sulphur content for ships at berth and 1,50% for passenger ships on
regular service including cruise ships (maintained outside SECAs)
Updated access to Emission Abatement Methods in alternative to low S
fuel and synchronised with the Marine Equipment Directive
Emphasis on Implementation by MS through binding measures
strengthening of monitoring of compliance and enforcement to reach
environmental objectives while preserving shipping market sustainability
Key to Enforcement: Member States should notify the provisions on
penalties to the Commission

EU Implementation of S Directive
Monitoring of compliance
Directive 2012/33/EC Sampling of Marine Fuels

it is necessary that Member States ensure sufficiently frequent and accurate

sampling of marine fuel placed on the market or used on board ship as well as
regular verification of ships' log books and bunker delivery notes. (Recital 17)

Directive 2012/33/EC Reporting by MSs to COM under S Directive

Reporting by Member States under Directive 1999/32/EC has proved insufficient for
the purpose of verification of 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. Therefore, more detailed indications as regards the content
and the format of the report are necessary to ensure more harmonised reporting.
(Recital 18)

The Commission had(s) the mandate (Art 6.1.b and 7) to develop technical/legal guidance
on fuel-specific inspections to ensure proper implementation on Sampling Strategies
(frequency, methods, representative sample definition) and on the annual MS report to the
Commission (content and format)

EU Implementation of S Directive
The process
Expert Groups meeting in support of Implementation (2013 -14):
ESSF SG on Implementation of the S Directive (3 meetings, 1 report to
ESSF Plenary)
EMSA- 2 workshops on Impl of S Directive
Technical Guidance developed under ESSF on inspection strategies and
reporting underpinning COM implementing decision

Committee meetings (23/10, 3/12 2014) negotiating the Draft

Legal text with positive Opinion reached on 18/12 !
Adoption of COM Implementing Decision foreseen this February

EU Implementation of S Directive
New legal measures
Links to S Directive key obligations:
Article 6 sets out the basic sampling and analysis obligations:
Member States shall take all necessary measures to check by sampling
that the sulphur content of fuels used (or in use or delivered) complies
with the Directive
The sampling shall commence on the date on which the relevant
limit for maximum sulphur content in the fuel comes into force
carried out periodically with sufficient frequency and quantities.
Article 7 on Reporting and review
MS to submit report on compliance by 30 June each year
Commission may adopt implementing acts concerning the information
to be included in the report and the format of the report.

New Legal Measures

Sampling Frequency
Sulphur in fuel INSPECTION OBLIGATIONS for EU MSs per year
Documentation inspections of at least 10% of individual ships calling
in a MS
Frequency of sampling of marine fuels used on-board ships (of the
ships inspected above) as of 1/1/2016
Partly in SECAs:
Adjustment/reduction (up to 50%) of the frequency of sampling through
Use of remote sensing
Increased document verifications (above 40%)
Use of risk-based targeting tool (voluntary as of 1/1/ 2016)
Frequency of sampling of marine fuels delivered to ships
Targeting marine fuel suppliers repeatedly non complaints (NOPs)
Taking into account volume of fuel market

New Legal Measures

AVAILABLE FOR MS since 1/1/2015
New and dedicated EU information system on S in fuel-specific
to serve as a harmonised platform to report and exchange
information on compliance verification practices under the Directive
to rationalise and optimise the assessment of the compliance of
international maritime shipping with the requirements of the
Directive developed and operated by the EMSA under cooperation
agreement with COM
Fully Recognised in COM Decision (cost-effectiveness and smart
regulation, beyond legal mandate)

New Legal Measures

Sampling methods & repr. sample
Staged approach to Inspections of the sulphur content of
marine fuels
Inspection of ships' documentation (log books and bunker delivery notes)
and, as appropriate
Analysis of the sealed representative bunker samples on-board ships
accompanying the bunker delivery (MARPOL Regulation 18(8.1) and
18(8.2) or
On board spot Sampling and analysis of the marine fuels for on-board
combustion in dedicated positions in the fuel service system (not only in
Methods for on-board spot sampling of marine fuels at specific locations in
the fuel service system and quantities (ease and safety, representative sample,
downstream tanks, cross contamination,

New Legal Measures

Content of the annual reporting (DDL 30/6/2016 for 2015):

Domestic and international maritime traffic

Fuel specific verication particulars (documentation, sampling, analysis)
Compliance status (frequency obligations, nr and type of non-compliances, ..)
Bunkering operations, fuel availability and bunker quality
Use of alternative emission abatement methods or alternative fuels
Description/outcome of national risk-based targeting (remote technologies,..
Penalties (number, type, and size of fines inflicted by the competent

Format of the annual reporting:

Electronic aggregated info from EU information system
Electronic report (Xcel table) containing all the information required (connection
of national systems to the EU system, ..)

'Daily' reporting in THETIS-S on voluntary basis with format/content

aligned to COM decision

COM initiatives on Implementation

Sustainable Waterborne Transport Toolbox (2011)
Accompanying the IA of the S Directive, provides set of measures to reduce
compliance costs in relation to the new low sulphur standards & addressing
from a broader perspective the environmental challenges that confront the EU
shipping sector. S Directive refers and support to the work of the SWTT.
SWTT Progress Report (early 2013) on concrete measures for implementation of
the S Directive. Creating the adequate EU regulatory framework to facilitate the
use of green ship technologies and alternative fuels
Creation of the European Sustainable Shipping Forum (ESSF) (09/2013) :
to enable a structured dialogue, exchange of best practices and coordination.
Plenary 28 Member States and 32 maritime organisations and 7 subgroups
The Commission services are jointly managing a wide-spectrum of activities of
the subgroups under the European Sustainable Shipping Forum (ESSF) with the
expertise of EMSA as technical secretariat. The mandate of the ESSF plenary will
end mid-2015 but request of continuation is being considered.

The objectives of the ESSF

provide guidance on the overall implementation of the Sulphur
Directive aiming to reinforce the monitoring of compliance in the EU
create the framework conditions for the use of marine LNG as ship fuel
promote the use of scrubbing technology in shipping by addressing its
technical, economic and operational aspects
coordinate research and development activities and encourage
explore all available financing opportunities
identify potential improvements in sustainability and competitiveness
streamline dialog on future operation of the port reception facilities
(evaluation of effectiveness of current legislation)
The 3rd ESSF high level plenary meeting was held on Dec. 2014 and the
second one planned on 18 June 2015. The ESSF Sub-Group meetings are
taking place every 3-4 months and have to address specifically identified
technical priorities.

The ESSF SG on the

Implementation of S Directive
The mandate

examine for and advise the EC on the issues related to the implementation of
Directive 199/32/EC
sharing of expertise and coordination of development of best monitoring and
enforcement practices towards EU harmonised rules
Focus: Marine Fuel-specific inspection (procedures for sampling, analysis and
reporting of marine fuels emission monitoring), sanctions for non-compliance,
approaches to fuel non-availability claims and operational non-compliance EAMs

The membership representatives of all EU Member States and major shipping

stakeholders, EMSA (technical supporting) the Commission services
The objectives Facilitate Member States' preparation for the monitoring and
enforcement of the new sulphur standards / Establishing a technical basis for a
EU harmonised approach to sampling and reporting / Ensure Coherence and
synergies with the work under ESSF and at international level/Assist the EC to
adopt binding rules under the S Directive /increase awareness in the maritime
community as a whole

EU Policies on shipping emissions

7th Environmental action plan (2012)
The 7th EAP provides the overarching, coherent framework for transport strategic initiatives,
setting out priority objectives and showing clearly how environment policy can contribute to
green growth and deliver better health and well-being.

Clean Air Policy Package (2013):

A new Clean Air Programme for Europe with new air quality objectives for the period up to
2030, a revised National Emission Ceilings Directive with stricter national emission ceilings
for the six main pollutants, and a proposal for a new Directive to reduce pollution from
medium-sized combustion installations.

EU Maritime Transport Strategy 2009-2018:

European Commission, EU Member States and EU maritime industry should work together
towards the long term objective of zero-waste, zero-emission maritime transport

EU 2011 White Paper: Roadmap to a Single European Transport Area

The environmental record of shipping can and must be improved by both technology and
better fuels and operations

Conclusions (1)
Continue work on Implementation & Enforcement of the stricter
legal S requirements in the EU just entered in force on 1/1/2015
Support interpretation of directive and the new COM decision also requiring
development of technical guidance with possible involvement of EMSA, Q&A
Next meeting of Sulphur Committee (June 2015) as consultative and advisory role
(possibility to invite experts ad hoc): status of implementation, procedures for
scrubbers trial/commissioning, awareness raising
Legal Conformity checks of S Directive after transposition by MSs are ongoing and
progressive collection of relevant information on penalties
Some inputs to EMSA work in support of MSs:
Thetis-S user groups meetings
Inspection Guidelines
Preparation to 2016: Thetis-S targeting tool

Conclusions (2)
Continue Active dialog and cooperation with all interested parties
in preparation for 2020 global sulphur cap with: EU Member States,
Maritime industry, EMSA, Recognised Organisations and the EC and
follow-up of international developments (IMO, Helcom ) Under ESSF?
Continuation of the Implementation SG? Creation of a new expert
group widening the scope and addressing also other pollutants,
new ECA designations in the EU? The 'Shipping Atmospheric
Pollutants' SG?
Challenges ahead :
Supporting future atmospheric pollution forecast by better monitoring
and inventory of shipping emissions (including fuel market)
Facilitate reinforced and voluntary cooperation also across EU legal &
penalties systems under international maritime law