# COMMISSION REGULATION (EC) No 2172/2004
of 17 December 2004
amending Regulation (EC) No 417/2002 of the European Parliament and of the Council on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers
(Text with EEA relevance)
## Preamble
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers [^1] , and in particular Article 11 thereof,
Whereas:
**(1)** Regulation (EC) No 417/2002 is based on the definitions and standards detailed in Annex I of the International Convention for the Prevention of Pollution from Ships (hereinafter ‘the Marpol Convention”).
**(2)** On 4 December 2003, the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation adopted a number of amendments to Annex I to the Marpol Convention. Those amendments will come into force on 5 April 2005.
**(3)** The references in Regulation (EC) No 417/2002 to Annex I to the Marpol Convention have to be updated in the light of those amendments.
**(4)** The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,
HAS ADOPTED THIS REGULATION:
## **Article 1**
Regulation (EC) No 417/2002 is amended as follows:
| 1. | (a): In point 2, the reference to ‘Resolution MEPC 94(46) of 27 April 2001 which enters into force on 1 September 2002’ is replaced by a reference to ‘Resolution MEPC 111(50) of 4 December 2003 which enters into force on 4 April 2005’. | (a) | In point 2, the reference to ‘Resolution MEPC 94(46) of 27 April 2001 which enters into force on 1 September 2002’ is replaced by a reference to ‘Resolution MEPC 111(50) of 4 December 2003 which enters into force on 4 April 2005’. | (b) | In point 7, the following sentence is added:
‘any Category 2 oil tanker shall be provided with segregated ballast tanks protectively located (SBT/PL)’. | (c) | ‘10.: “double-hull oil tanker” shall mean: a) an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or b) an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. — a) — an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or — b) — an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’.
a): an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or
b): an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. | ‘10. | a): an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or | a) | an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or | b) | an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. |
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| (a) | In point 2, the reference to ‘Resolution MEPC 94(46) of 27 April 2001 which enters into force on 1 September 2002’ is replaced by a reference to ‘Resolution MEPC 111(50) of 4 December 2003 which enters into force on 4 April 2005’. | | | | | | | | | | | | |
| (b) | In point 7, the following sentence is added:
‘any Category 2 oil tanker shall be provided with segregated ballast tanks protectively located (SBT/PL)’. | | | | | | | | | | | | |
| (c) | ‘10.: “double-hull oil tanker” shall mean: a) an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or b) an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. — a) — an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or — b) — an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’.
a): an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or
b): an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. | ‘10. | a): an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or | a) | an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or | b) | an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. | | | | | | |
| ‘10. | a): an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or | a) | an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or | b) | an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. | | | | | | | | |
| a) | an oil tanker of 5 000 tonnes deadweight and above, meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78 or fulfilling the requirements of Paragraph 1(c) of the revised Regulation 13G of Annex I of MARPOL 73/78; or | | | | | | | | | | | | |
| b) | an oil tanker of 600 tonnes deadweight and above but less than 5 000 tonnes deadweight, fitted with double bottom tanks or spaces complying with the provisions of regulation 13F (7)(a) of Annex I of MARPOL 73/78, and wing tanks or spaces arranged in accordance with regulation 13F (3)(a) and complying with the requirement as to distance *w* as referred to in regulation 13F (7)(b) of Annex I of MARPOL 73/78;’. | | | | | | | | | | | | |
**2.** In Article 6, the reference to ‘MEPC Resolution 94(46) of 27 April 2001’ is replaced by a reference to ‘MEPC Resolution 94(46) of 27 April 2001 as amended by MEPC Resolution 99(48) of 11 October 2002 and by MEPC Resolution 112(50) of 4 December 2003’.
**3.** In Article 11, the reference to ‘Resolutions MEPC 94(46) and 95(46)’ is replaced by a reference to ‘Resolutions MEPC 111(50) and MEPC Resolution 94(46) as amended by MEPC Resolution 99(48) and MEPC Resolution 112(50)’.
## **Article 2**
This Regulation shall enter into force on the 20th day following that of its publication in the *Official Journal of the European Union* .
## Final provisions
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 December 2004. *For the Commission* Jacques BARROT *Vice-President*
[^1] [OJ L 64, 7.3.2002, p.1](http://publications.europa.eu/resource/oj/JOL_2002_064_R_TOC) . Regulation as last amended by Regulation (EC) No 1726/2003 ( [OJ L 249, 1.10.2003, p. 1](http://publications.europa.eu/resource/oj/JOL_2003_249_R_TOC) ).
[^1]: . Regulation as last amended by Regulation (EC) No 1726/2003 ().