Legal provisions of COM(2019)38 - Amendment of Regulation (EU) 2015/757 in order to take appropriate account of the global data collection system for ship fuel oil consumption data

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dossier COM(2019)38 - Amendment of Regulation (EU) 2015/757 in order to take appropriate account of the global data collection system for ship fuel ...
document COM(2019)38 EN
date February  4, 2019

Contents

Article 1

(1)Article 3 is amended as follows:

(a)point (d) is replaced by the following:

"(d)'company' means the shipowner or any other organisation or person such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner and has agreed to take over all the duties and responsibilities imposed by Regulation (EC) No 336/2006 of the European Parliament and of the Council;";

(b)point (m) is replaced by the following:

"(m)'reporting period' means the period from 1 January until 31 December inclusive. For voyages starting and ending in two different calendar years, the respective data shall be accounted under the calendar year concerned;";

(c)a new point (p) is added:

"(p)‘deadweight tonnage’ means the difference in tonnes between the displacement of a ship in water of relative density of 1025 kg/m3 at the summer load draught and the lightweight of the ship. The summer load draught should be taken as the maximum summer draught as certified in the stability booklet approved by the Administration or an organisation recognised by it.".

(2)Article 6 is amended as follows:

(a)paragraph 3 is amended as follows:

(i)points (a), (b) and (c) are replaced by the following:

“(a)the ship particulars, including name, IMO identification number, type of the ship and the name of the company;”;

“(b)a description of the ship's engines and other fuel oil consumers and fuel oil types;”;

“(c)emissions factors;".

(ii)point (d) is deleted;

(iii)point (g) is deleted;

(iv)in point (h), point (iii) is replaced by the following:

"(iii)the procedures, responsibilities, formulae and data sources for determining and recording hours underway;";

(v)point (i) is replaced by the following:

“(i)data quality, including procedures to identify and address data gaps;”;

(3)In Article 9, paragraph 1 is amended as follows:

(a)points (e) and (f) are replaced by the following:

"(e)hours underway;”;

“(f)cargo carried, on a voluntary basis;";

(4)Article 10 is amended as follows:

(a)points (h) is replaced by the following:

"(h)total hours underway;”;

(5)Article 11 is amended as follows:

(a)paragraph 2 is replaced by the following:

"2.Where there is a change of company, the previous company shall submit to the Commission and to the authorities of the flag State concerned, as close as practical to the day of the completion of the change and no later than three months thereafter, a report covering the same elements as the emissions report but limited to the period corresponding to the activities carried out under its responsibility.”;

(b)a new point (xi) is added to paragraph 3(a):

“(xi)deadweight tonnage of the ship;”;

(6)In Article 21(2), point (g) is replaced by the following:

"(g)the annual total hours underway;";

(7)Annex II is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January following the year of entry into force of this act. This Regulation shall be binding in its entirety and directly applicable in all Member States.