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Thursday, September 20, 2018

Amended European Regulation on single hull tankers took effect 21st October 2003.

Regulation 1726/2003 of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing in of double hull or equivalent design requirements for single hull oil tankers took effect on 21st October 2003.

Click here to download a copy of the new Regulation.

No official consolidated text exists yet, but INTERTANKO has produced an informal version. Click here to download a copy.

In summary, the following took effect from 21st October 2003 in all Member States of the European Union:

  • All Category 1 tankers delivered in or before 1980 lost the right to fly the flag of these countries, nor are such tankers permitted to enter or leave ports or offshore installations or anchor in areas under the jurisdiction of these Member States. (For category 1 tankers delivered in 1981, the final year will be 2004; and 2005 for those delivered in 1982 or later.)
  • All Category 2 and 3 tankers delivered in 1975 or earlier no longer have the right to fly the flag of these countries, nor are such tankers permitted to enter or leave ports or offshore installations or anchor in areas under the jurisdiction of these Member States.  (Article 4.1(b) gives the further phase out years, ending in 2010)
  • No single-hull tanker, regardless of flag, is permitted to enter or leave ports or offshore installations or anchor in areas under the jurisdiction of these Member States if carrying heavy grades of oil.
  • As from 2005, all Category 2 and 3 tankers - regardless of flag – over 15 years of age will have to have passed CAS in order to be permitted to enter or leave ports or offshore installations or anchor in areas under the jurisdiction of these Member States.

There are exemptions for tankers below 5,000 dwt, and for ice strengthened tankers (Article 8). Furthermore, the Regulation includes definitions of the term ‘heavy grades of oil’ (Article 3.14) and ‘double hulls’ (Articles 3 and 4.2).

The Member States of the European Union are: Austria, Belgium, Denmark, Germany, Greece, Finland, France, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and United Kingdom.  For formal reasons, there will be a couple of months’ delay before the amended Regulation will take effect for the Member States of the European Economic Agreement (Norway, Iceland and Liechtenstein).  The Regulation will also take effect for the Accession Countries (the Czech Republic, Cyprus, Estonia, Hungary, Poland, Latvia, Lithuania, Malta, Slovak Republic, and Slovenia) when they become full members of the European Union in May 2004, unless there are national rules for earlier implementation of EU measures.

A Regulation of the EU has to be applied fully by the Member States (i.e. a MemberState has no power to apply a Regulation incompletely or to select only some provisions).  Furthermore, the Regulation has direct applicability, which means that the Regulation does not have to be transposed into national law but confers rights or imposes duties on the European Community citizens in the same way as national law.  The MemberStates and their governing institutions and courts are bound directly by Community law and have to comply in the same way as with national law.

INTERTANKO has asked the European Commission for clarification i.a. with regard to which Ship registers are covered by the Regulation, and whether EU/EEA single hull tankers carry heavy grades of oil between non-EU/EEA states.  The Commission’s reply can be found in our Weekly News no. 39/2003.  

Contact
: Kristian R. Fuglesang