01. dg venv s directive jan 2015 emsa training

8/21/2019 01. DG vENV S Directive Jan 2015 EMSA Training

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Implementation of EU legislation on

Sulphur content of Marine Fuels

Rosa ANTIDORMI

European CommissionDG Environment

Air and Industrial Emissions

Training on Enforcementprovisions of the Sulphur

Directive

EMSA, Lisbon, 4-5 February 2015


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OutlineSulphur Content of Marine Fuels

International policy framework (IMO)

EU policy framework (S Directive)

EU Implementation and enforcement of S DirectiveCOM Implementing decision

• Process

• 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

Conclusions


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Sulphur Content of Marine FuelsInternational Policy Framework

IMO MARPOL Annex VI

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


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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 FuelsInternational Policy Framework


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The EU 'Sulphur Directive' (1999/32/EC)

Sulphur content in heavy fuels and gas oil, including marine gas oil anddiesel oil, regulated in the EU since early 2000

Amendments Directive 2005/33/EC & Directive 2012/33/EUbrought EU legislation in line with the MARPOL revisions (1997 and 2008changes) as per international commitment

Integral part of EU policy on Air Quality control:

reduce SOx (and PM) shipping emissions due to combustion of marine fuelwith high sulphur content through cost-effective measures

prevent their contribution to air pollution -which harm human health and theenvironment becomes higher than the one from land-based sources

Sulphur Content of Marine FuelsEU Policy Framework


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Amending Directive 2012/33/EC adopted in Nov. 2012, transposed by MS byJune 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 onregular service including cruise ships (maintained outside SECAs)

Updated access to Emission Abatement Methods in alternative to low Sfuel and synchronised with the Marine Equipment Directive

Emphasis on Implementation by MS through binding measuresstrengthening of monitoring of compliance and enforcement to reachenvironmental objectives while preserving shipping market sustainability

Key to Enforcement: Member States should notify the provisions onpenalties to the Commission

Sulphur Content of Marine FuelsEU Policy Framework


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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 asregular 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 forthe purpose of verification of compliance with that Directive due to the lack ofharmonised and sufficiently precise provisions on the content and the format of the

Member States' reports. Therefore, more detailed indications as regards the contentand 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 guidanceon fuel-specific inspections to ensure proper implementation on Sampling Strategies (frequency, methods, representative sample definition) and on the annual MS report to theCommission (content and format)

EU Implementation of S DirectiveMonitoring of compliance


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EU Implementation of S DirectiveThe process

Expert Groups meeting in support of Implementation (2013 -14):

ESSF – SG on Implementation of the S Directive (3 meetings, 1 report toESSF Plenary)

EMSA- 2 workshops on Impl of S Directive

Technical Guidance developed under ESSF on inspection strategies andreporting underpinning COM implementing decision

Committee meetings (23/10, 3/12 2014) negotiating the DraftLegal text with positive Opinion reached on 18/12 !

Adoption of COM Implementing Decision foreseen this February2015


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EU Implementation of S DirectiveNew 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 samplingthat the sulphur content of fuels used (or in use or delivered) complieswith the Directive

• The sampling shall commence on the date on which the relevantlimit 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.


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New Legal Measures Sampling Frequency • Sulphur in fuel INSPECTION OBLIGATIONS for EU MSs per year

• Documentation inspections of at least 10% of individual ships callingin a MS

• Frequency of sampling of marine fuels used on-board ships (of theships inspected above) as of 1/1/2016

• SECAs: 40%

• Partly in SECAs: 30%

• Non-SECAs: 20%

• 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


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New Legal Measures THETIS-S

COST-EFFECTIVE ENFORCEMENT and e-reporting TOOLAVAILABLE FOR MS since 1/1/2015

• New and dedicated EU information system on S in fuel-specificinspections

• to serve as a harmonised platform to report and exchangeinformation on compliance verification practices under the Directive

• to rationalise and optimise the assessment of the compliance ofinternational maritime shipping with the requirements of theDirective developed and operated by the EMSA under cooperationagreement with COM

• Fully Recognised in COM Decision (cost-effectiveness and smartregulation, beyond legal mandate)


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New Legal MeasuresSampling methods & repr. sample

Staged approach to Inspections of the sulphur content ofmarine fuels

• Inspection of ships' documentation (log books and bunker delivery notes)and, as appropriate

• Analysis of the sealed representative bunker samples on-board shipsaccompanying the bunker delivery (MARPOL Regulation 18(8.1) and18(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 intanks)

Methods for on-board spot sampling of marine fuels at specific locations inthe fuel service system and quantities (ease and safety, representative sample,downstream tanks, cross contamination, … (NEW!)


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New Legal MeasuresReporting

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 competentauthority…)

Format of the annual reporting:• Electronic aggregated info from EU information system

• Electronic report (Xcel table) containing all the information required (connectionof national systems to the EU system, ..)

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

aligned to COM decision


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COM initiatives on Implementation Sustainable Waterborne Transport Toolbox (2011)

Accompanying the IA of the S Directive, provides set of measures to reducecompliance costs in relation to the new low sulphur standards & addressingfrom 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 ofthe S Directive. Creating the adequate EU regulatory framework to facilitate theuse 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 ofthe subgroups under the European Sustainable Shipping Forum (ESSF) with theexpertise of EMSA as technical secretariat. The mandate of the ESSF plenary willend mid-2015 but request of continuation is being considered.


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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

innovation

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 thesecond one planned on 18 June 2015. The ESSF Sub-Group meetings aretaking place every 3-4 months and have to address specifically identifiedtechnical priorities.


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The ESSF SG on theImplementation of S Directive The mandate

• examine for and advise the EC on the issues related to the implementation ofDirective 199/32/EC

• sharing of expertise and coordination of development of best monitoring andenforcement practices towards EU harmonised rules

• Focus: Marine Fuel-specific inspection (procedures for sampling, analysis andreporting 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 andenforcement of the new sulphur standards / Establishing a technical basis for aEU harmonised approach to sampling and reporting / Ensure Coherence andsynergies with the work under ESSF and at international level/Assist the EC toadopt binding rules under the S Directive /increase awareness in the maritime

community as a whole


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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 togreen 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 to2030, a revised National Emission Ceilings Directive with stricter national emission ceilingsfor the six main pollutants, and a proposal for a new Directive to reduce pollution frommedium-sized combustion installations.

EU Maritime Transport Strategy 2009-2018:

European Commission, EU Member States and EU maritime industry should work togethertowards 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 andbetter fuels and operations


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Conclusions (1) Continue work on Implementation & Enforcement of the stricterlegal S requirements in the EU just entered in force on 1/1/2015

• Support interpretation of directive and the new COM decision also requiringdevelopment 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 forscrubbers trial/commissioning, awareness raising

• Legal Conformity checks of S Directive after transposition by MSs are ongoing andprogressive 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


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Conclusions (2)

Continue Active dialog and cooperation with all interested partiesin preparation for 2020 global sulphur cap with: EU Member States,Maritime industry, EMSA, Recognised Organisations and the EC andfollow-up of international developments (IMO, Helcom …) Under ESSF?Continuation of the Implementation SG? Creation of a new expertgroup widening the scope and addressing also other pollutants,new ECA designations in the EU? The 'Shipping AtmosphericPollutants' SG?

Challenges ahead :

Supporting future atmospheric pollution forecast by better monitoringand inventory of shipping emissions (including fuel market)

Facilitate reinforced and voluntary cooperation also across EU legal &

penalties systems under international maritime law

01. dg venv s directive jan 2015 emsa training

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