Ingangsdatum:
11-05-1999
THE COUNCIL OF THE EUROPEAN
UNION,
Having regard to the Treaty establishing the European Community,
and in particular Article 130s(1) thereof,
Having regard to the
proposal from the Commission(1),
Having regard to the opinion of
the Economic and Social Committee(2),
Acting in accordance with
the procedure laid down in Article 189c of the Treaty(3),
(1) Whereas the objectives and principles of
the Community's environmental policy as set out in the action programmes on the
environment and in particular the Fifth Environmental Action Programme(4) on the basis
of principles enshrined in Article 130r of the Treaty, aim in particular to ensure the
effective protection of all people from the recognised risks from sulphur dioxide
emissions and to protect the environment by preventing sulphur deposition exceeding
critical loads and levels;
(2) Whereas Article
129 of the Treaty provides that health protection requirements are to form a constituent
part of the Community's other policies; whereas Article 3(o) of the Treaty also provides
that the activities of the Community should include a contribution to the attainment of
a high level of health protection;
(3) Whereas
emissions of sulphur dioxide contribute significantly to the problem of acidification in
the Community; whereas sulphur dioxide also has a direct effect on human health and on
the environment;
(4) Whereas acidification and
atmospheric sulphur dioxide damage sensitive ecosystems, reduce biodiversity and reduce
amenity value as well as detrimentally affecting crop production and the growth of
forests; whereas acid rain falling in cities may cause significant damage to buildings
and the architectural heritage; whereas sulphur dioxide pollution may also have a
significant effect upon human health, particularly among those sectors of the population
suffering from respiratory diseases;
(5)
Whereas acidification is a transboundary phenomenon requiring Community as well as
national or local solutions;
(6) Whereas
emissions of sulphur dioxide contribute to the formation of particulate matter in the
atmosphere;
(7) Whereas the Community and the
individual Member States are Contracting Parties to the UN-ECE Convention on Long-Range
Transboundary Air Pollution; whereas the second UN-ECE Protocol on transboundary
pollution by sulphur dioxide foresees that the Contracting Parties should reduce sulphur
dioxide emissions in line with or beyond the 30 % reduction specified in the first
Protocol and whereas the second UN-ECE Protocol is based on the premise that critical
loads and levels will continue to be exceeded in some sensitive areas; whereas further
measures to reduce sulphur dioxide emissions will still be required if the objectives in
the Fifth Environmental Action Programme are to be respected; whereas the Contracting
Parties should therefore make further significant reductions in emissions of sulphur
dioxide;
(8) Whereas sulphur which is naturally
present in small quantities in oil and coal has for decades been recognised as the
dominant source of sulphur dioxide emissions which are one of the main causes of "acid
rain" and one of the major causes of the air pollution experienced in many urban and
industrial areas;
(9) Whereas the Commission
has recently published a communication on a cost-effective strategy to combat
acidification in the Community; whereas the control of sulphur dioxide emissions
originating from the combustion of certain liquid fuels was identified as being an
integral component of this cost-effective strategy; whereas the Community recognises the
need for measures regarding all other fuels;
(10) Whereas studies have shown that benefits
from reducing sulphur emissions by reductions in the sulphur content of fuels will often
be considerably greater than the estimated costs to industry in this Directive and
whereas the technology exists and is well established for reducing the sulphur level of
liquid fuels;
(11) Whereas, in conformity with
the principle of subsidiarity and the principle of proportionality referred to in
Article 3b of the Treaty, the objective of reducing the emissions of sulphur dioxide
arising from the combustion of certain types of liquid fuels cannot be achieved
effectively by Member States acting individually; whereas unconcerted action offers no
guarantee of achieving the desired objective, is potentially counterproductive and will
result in considerable uncertainty in the market for the fuel products affected;
whereas, in view of the need to reduce sulphur dioxide emissions across the Community,
it is therefore more effective to take action at the level of the Community; whereas
this Directive limits itself to the minimum requirements necessary to achieve the
desired objective;
(12) Whereas in Council
Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid
fuels(5) the Commission was asked to submit to the Council a proposal prescribing lower
limits for the sulphur content in gas oil and new limits for aviation kerosene; whereas
it would be appropriate to lay down limits for the sulphur content of other liquid
fuels, in particular heavy fuel oils, bunker fuel oils, marine gas oils and gas oils, on
the basis of cost effectiveness studies;
(13) Whereas, in
accordance with Article 130t of the Treaty, this Directive should not prevent any Member
State from maintaining or introducing more stringent protective measures; whereas such
measures must be compatible with the Treaty and should be notified to the Commission;
(14) Whereas a Member State, before
introducing new, more stringent protective measures, should notify the draft measures to
the Commission in accordance with Council Directive 83/189/EEC of 28 March 1983 laying
down a procedure for the provision of information in the field of technical standards
and regulations(6);
(15) Whereas, with regard
to the limit on the sulphur content of heavy fuel oil, it is appropriate to provide for
derogations in Member States and regions where the environmental conditions allow;
(16) Whereas, with regard to the limit on the
sulphur content of heavy fuel oil, it is also appropriate to provide for derogations for
their use in combustion plants which comply with the emission limit values laid down in
Council Directive 88/609/EEC of 24 November 1988(7) on the limitation of emissions of
certain pollutants into the air from large combustion plants; whereas in the light of
the forthcoming revision of Directive 88/609/EEC, it may be necessary to review and, if
appropriate, to revise certain provisions of this Directive;
(17) Whereas for refinery combustion plants
excluded from the scope of Article 3(3)(i)(c) of this Directive the emissions of sulphur
dioxide averaged over such plants should not exceed the limits set out in Directive
88/609/EEC or any future revision of that Directive; whereas, in the application of this
Directive, Member States should bear in mind that substitution by fuels other than those
pursuant to Article 2 should not produce an increase in emissions of acidifying
pollutants;
(18) Whereas a limit value of 0,2 %
for the sulphur content of gas oils has already been established pursuant to Directive
93/12/EEC; whereas that limit value should be changed to 0,1 % until 1 January 2008;
(19) Whereas, in accordance with the 1994 Act
of Accession, Austria and Finland have a derogation for a period of four years from the
date of accession regarding the provisions in Directive 93/12/EEC concerning the sulphur
content of gas oil;
(20) Whereas the limit
values of 0,2 % (from the year 2000) and of 0,1 % (from the year 2008) for the sulphur
content of gas oils intended for marine use in sea-going ships may present technical and
economic problems for Greece throughout its territory, for Spain with regard to the
Canary Islands, for France with regard to the French Overseas Departments, and for
Portugal with regard to the archipelagoes of Madeira and Azores; whereas a derogation
for Greece, the Canary Islands, the French Overseas Departments and the Archipelagoes of
Madeira and Azores should not have a negative effect upon the market in gas oil intended
for marine use and given that exports of gas oil for marine use from Greece, the Canary
Islands, the French Overseas Departments and the Archipelagoes of Madeira and Azores to
other Member States should satisfy the requirements in force in the importing Member
State; whereas Greece, the Canary Islands, the French Overseas Departments and the
Archipelagoes of Madeira and Azores should therefore be afforded a derogation from the
limit values of sulphur by weight for gas oil used for marine purposes;
(21) Whereas sulphur emissions from shipping
due to the combustion of bunker fuels with a high sulphur content contribute to sulphur
dioxide pollution and problems of acidification; whereas the Community will be
advocating more effective protection of areas sensitive to SOx emissions and a reduction
in the normal limit value for bunker fuel oil (from the present 4,5 %) at the continuing
and future negotiations on the MARPOL Convention within the International Maritime
Organisation (IMO); whereas the Community initiatives to have the North Sea/Channel
declared a special low SOx emission control area should be continued;
(22) Whereas more profound research into the
effects of acidification on ecosystems and the human body is needed; whereas the
Community is assisting such research under the Fifth Framework Research Programme(8);
(23) Whereas in the case of a disruption in
the supply of crude oil, petroleum products or other hydrocarbons, the Commission may
authorise application of a higher limit within a Member State's territory;
(24) Whereas Member States should establish
the appropriate mechanisms for monitoring compliance with the provisions of this
Directive; whereas reports on the sulphur content of liquid fuels should be submitted to
the Commission;
(25) Whereas, for reasons of
clarity, it will be necessary to amend Directive 93/12/EEC,
(1) OJ C 190, 21.6.1997, p. 9, and OJ C 259, 18.8.1998, p.
5.
(2) OJ C 355, 21.11.1997, p. 1.
(3) Opinion of the European Parliament of 13 May 1998 (OJ
C 167, 1.6.1998, p. 111), Council Common Position of 6 October 1998 (OJ C 364,
25.11.1998, p. 20) and Decision of the European Parliament of 9 February 1999 (not yet
published in the Official Journal).
(4) OJ C 138, 17.5.1993, p. 5.
(5) OJ L 74, 27.3.1993, p. 81.
(6) OJ L 109, 26.4.1983, p. 8. Directive as last amended
by Commission Decision 96/139/EC (OJ L 32, 10.2.1996, p. 31).
(7) OJ L 336, 7.12.1988, p. 1. Directive as last amended
by Directive 94/66/EC (OJ L 337, 24.12.1994, p. 83).
(8) OJ L 26, 1.2.1999, p. 1.