Decree No. 312 / 2012 Coll.
Ordinance on the establishment of quality requirements for fuels used for inland and maritime vessels in terms of air protection
Valid
Order
Effective from 01.10.2012
312
DECLARATION
of 21 September 2012
laying down requirements on the quality of fuels used for inland and maritime vessels in terms of air protection
The Ministry of the Environment provides pursuant to § 16 (8) of Act No. 201 / 2012 Coll., on Air Protection ("the Act '):
Subject matter
(1) This decree implements the relevant provisions of the European Union1) and regulates air protection
(a) the quality requirements for marine fuels used on inland waterway vessels (2) and seagoing vessels (3) flying the flag of the Czech Republic;
(b) sampling and verification requirements for marine fuels;
(c) the method of demonstrating the quality of marine fuels;
(d) the formalities for reporting data on the quality of marine fuels.
(2) The quality requirements for marine fuels laid down in this Decree do not apply to the use of marine fuels
(a) research and testing;
(b) intended for processing before their final incineration;
(c) for further processing in the refinery industry;
(d) on vessels of importance for the purpose of ensuring the safety of vessels or saving life at sea; and
(e) in the situations necessary for damage to the vessel or its equipment, provided that appropriate measures are taken to prevent or minimise excessive emissions after damage.
Basic concepts
For the purposes of this decree:
(a) marine fuel liquid fuel derived from oil suitable for use on board and fuels listed in Annex 1 to this Decree;
(b) diesel fuel, the density or viscosity of which corresponds to the density or viscosity value for the DMB class listed in Annex 1 to this Decree;
(c) gas oil fuel whose density or viscosity corresponds to the density or viscosity value for the DMX, DMMA and DMZ classes listed in Annex 1 to this Decree;
(d) the placing on the market of the supply or supply of marine fuels to third parties for use on board vessels anywhere in the Czech Republic, with the exception of the supply or supply of marine fuels for export in containers of vessels;
(e) a method of reducing emissions by supplement, material, apparatus or equipment intended to be fitted to a vessel, other process or alternative fuel, the use of which leads to a reduction of emissions.
Quality requirements for marine fuels
(1) The sulphur content of the MARPOL Convention in marine fuels used on seagoing vessels for navigation in the control areas of sulphur oxides emissions (4) may not exceed 0,1% by weight. The sulphur content of marine fuels used on seagoing vessels on other seas may not exceed 0,5% by weight.
(2) The sulphur content of the gas oil placed on the market must not exceed 0,001% by weight. The sulphur content of diesel fuel placed on the market shall not exceed 1,5% by weight.
(3) Sulphur content of marine fuels used
(a) inland vessels shall not exceed 0,001% by weight;
(b) seagoing vessels in ports of the Member States of the European Union shall not exceed 0,1% by weight.
(4) The transfer of operations to the required marine fuel for seagoing vessels shall take place as soon as possible after the vessel has arrived at the port of the Member State of the European Union and, if necessary, the transfer of operations to the original marine fuel shall take place as soon as possible before its departure.
(5) The provisions of paragraphs 3 and 4 shall not apply to cases where, according to the published timetable, the vessel does not stay longer than 2 hours or all engines are switched off at the standing point and receives electricity from the shore at all times.
(6) The provisions of paragraph 1 and paragraph 3 (b) do not apply to vessels using the emission reduction method on the basis of which they continuously comply with the emission limits set out in Annex 3 to this Regulation.
(7) The method of reducing emissions must comply with the criteria set out in Annex 4 to this Regulation and be approved by a procedure under another legislation governing technical requirements for marine equipment7) or by a procedure under the directly applicable European Union8).
Sampling and verification of the quality of marine fuels
(1) The person referred to in Article 16 (1) of the Act ensures that sampling is carried out in order to verify the quality of the marine fuel by a procedure which is representative and reflects as accurately as possible the actual quality of the marine fuel. This procedure shall be deemed to be complied with if it is carried out according to the specified technical norsem5) and Appendix VI to Annex VI to MARPOL4).
(2) The analysis of the sample of marine fuel taken in accordance with paragraph 1 shall be carried out in accordance with a procedure that is representative and conclusive and reflects as accurately as possible the actual quality of the marine fuel. This procedure shall be deemed to be complied with if it is carried out according to the specified technical norsem5) and Appendix VI to Annex VI to MARPOL4).
(3) Verification of the quality of marine fuels placed on the market for the first time on the territory of the Czech Republic is carried out by the Czech Trade Inspection Centre by continuously taking samples of marine fuels from the person who places the first marine fuels on the market.
(4) Analyses of samples taken to monitor quality indicators of marine fuels are carried out by an accredited person (5), which will issue an appropriate protocol on the result of the analysis.
Demonstration of the quality of marine fuels
(1) The person referred to in Article 16 (1) of the Act shall demonstrate compliance with the quality requirements for marine fuel as laid down in Article 3 by certifying the quality of the fuel which is part of each supply of marine fuel. A sealed sample of the fuel delivered shall be attached to the certificate.
(2) The certificate on the quality of the marine fuel contains:
(a) the identity details of the exhibitor of the certificate, which, if any, are the legal person, name or business name, legal form, address of the registered office, identity number of the person, if any; if applicable, the natural person involved, name and surname, identity number of the person, if any, date of birth and address of the place of permanent residence or address of residence, or place of business with persons who are not citizens of the Czech Republic;
(b) the type of marine fuel, its production name and combined nomenclature code (6);
(c) a declaration of compliance with the requirements laid down for marine fuel by this Ordinance and harmonised or designated technical standards (5), indicating the actual sulphur content, the date of the last quality control and the laboratory identification data which has been analysed;
(d) the weight of the ship's fuel supply;
(e) the date of loading of the marine fuel; and
(f) the name, surname and signature of the authorised representative of the body issuing the certificate and the date of issue of the certificate.
Content elements of the report on quality of marine fuels
Data on the quantity of marine fuels and the sulphur content thereof shall be reported on the form set out in Annex 2 to this Decree.
Efficacy
This Decree shall take effect on 1 October 2012.
Minister:
Mgr. Chalupa v. r.
Příloha č. 1
Annex No 1 to Decree No 312 / 2012 Coll.
CLASS OF SHIPS
| Kvalitativní ukazatel | Jednotka | Limit | Druh lodního paliva | |||
|---|---|---|---|---|---|---|
| Plynový olej DMX | Plynový olej DMA | Plynový olej DMZ | Motorová nafta DMB | |||
| Kinematická viskozita při 40 °C | mm2/s | max. | 5,50 | 6,00 | 6,00 | 11,00 |
| min. | 1,40 | 2,00 | 3,00 | 2,00 | ||
| Hustota při 15 °C | kg/m3 | max. | - | 890,0 | 890,0 | 900,0 |
Příloha č. 2
Annex No 2 to Decree No 312 / 2012 Coll.
CONTAINING NOTIFICATION OF SHIPS
1. Identification details of the person who first places the fuel on the market (if any, the natural person, the name or, where applicable, the name, the surname and, where applicable, the business name, the address of the place of permanent residence and, where applicable, the place of business, the person's identification number; If the identification number has not been assigned, the date of birth shall be indicated; if the legal person, business firm or name, registered office and identification number of the person has been assigned to a foreign person, the location of the organisational component of the enterprise in the Czech Republic, if it establishes it)
2. Data on the quantity and sulphur content of marine fuel and on the results of the analyses carried out pursuant to § 4 (2).
3. Name, surname and date of issue.
| Vykazovaný rok | |||||||
|---|---|---|---|---|---|---|---|
| Druh lodního paliva | Obsah síry v palivu | Údaje o množství | Údaje o výsledcích analýz | ||||
| Množství v t/rok výroba | Množství v t/rok dovoz3) | Množství v t/rok distribuce4) | Počet odebraných vzorků | Minimální obsah síry v % hm | Maximální obsah síry v % hm | ||
| max. 0,001 % hm1) | |||||||
| max. 0,1 % hm2) | |||||||
| max. 0,001 % hm1) | |||||||
| max. 0,1 % hm2) | |||||||
| max. 0,001 % hm1) | |||||||
| max. 0,1 % hm2) | |||||||
| max. 0,001 % hm1) | |||||||
| max. 0,1 % hm2) | |||||||
| Jiný druh | max. 0,001 % hm1) | ||||||
| max. 0,1 % hm2) | |||||||
1) Mass content of sulphur in marine fuels used by inland vessels.
2) Mass content of sulphur in fuels used by seagoing vessels in ports of Member States of the European Union.
3) Supplies from imports from countries outside the European Union.
4) Supplies from cross-border transport from European Union countries for distribution on the Czech market.
Příloha č. 3
Annex No. 3 to Decree No. 312 / 2012 Coll.
EMISSION LIMITS IN THE USE OF EMISSIONS REDUCTION METHODS
Values for the sulphur content of marine fuel referred to in Articles 3 (1) and 3 (b) and emission limits referred to in Article 3 (6).
| Obsah síry v lodním palivu podle § 3 odst. 1 a odst. 3 písm. b) (% hm.) | Emisní limity vyjádřené jako poměr emisí SO2 (ppm) / CO2 (% obj.)1), 2) |
|---|---|
| 3,50 | 151,7 |
| 1,50 | 65,0 |
| 1,00 | 43,3 |
| 0,50 | 21,7 |
| 0,10 | 4,3 |
Explanatory notes:
(1) Emission limits apply only when oil distillate or heavy fuel oils are used. If the CO2 concentration is reduced by the flue gas cleaning unit, the CO2 concentration may be measured at the input of the unit.
(2) The emission limits correspond to the emissions achieved in the use of marine fuel which meet the sulphur limits of the marine fuel provided for in this Decree.
Příloha č. 4
Annex No. 4 to Decree No. 312 / 2012 Coll.
CRITERIA FOR THE USE OF EMISSIONS REDUCTION METHODS
The emission reduction methods referred to in Article 3 (6) shall comply with the following criteria:
1. When using an emission reduction method based on the use of flue gas treatment systems, waste water which is the product of flue gas treatment systems in which chemicals, additives and other on-site chemical mixtures are used shall not be released into the sea, even in closed ports, ports and estuaries, unless the operator of the ship does not demonstrate, when approving the relevant emission reduction method, that the discharge of such water into the sea will not have any impact on human health and the environment or threaten them. If sodium hydroxide is used to clean the flue gas, it is sufficient that the waste water meets the requirements laid down in the Resolution of the International Maritime Organisation issued under the MARPOL4 Convention and its pH does not exceed 8,0.
2. When using a method of reducing emissions based on the use of biofuels, biofuels must meet the sustainability criteria set out in the Air Protection Act.
The mixture of biofuels and marine fuels shall comply with the sulphur content values set out in Articles 3 (1) and 3 (3) (b).
3. When using an emission reduction method based on the use of a mixture of marine fuel and evaporated natural gas used liquefied natural gas tankers in berths and ports of the European Union, the criterion set out in the following formula shall be met:
MBOG / MF ≥ SF (%) · EF0,1% -0,1% · EF / 0,1% · ESOG
MBOG / MF is the ratio between the mass of evaporated natural gas and marine fuel consumed in the berth
MBOG is the mass of evaporated natural gas consumed in berth in kg
MF is the mass of marine fuel in kg consumed during mooring in port
SF (%) is the sulphur content of the percentage per unit mass of marine fuel used
EF0,1% is the energy value of marine fuel with a sulphur content ≤ 0,1% in MJ / kg
EF is the energy value of marine fuel consumed in MJ / kg
EBOG is the energy value of spent evaporated natural gas in MJ / kg
The standard value of 43,0 MJ / kg may be used for EF0,1%, for EF 40,8 MJ / kg and for ESOG 50,0 MJ / kg. In this case, compliance shall be assessed according to the following formula:
MBOG / MF ≥ 8,6 · SF% -0,816
For the determination of the sulphur content of marine fuel consumed during port anchoring, the table gives examples of minimum ratios required for marine fuels with different sulphur content.
| Obsah síry SF(%) | 1 | 1,5 | 2,0 | 2,5 | 3,0 | 3,5 |
|---|---|---|---|---|---|---|
| MBOG/MF | 7,8 | 12,1 | 16,4 | 20,7 | 25,0 | 29,3 |
1) Council Directive 1999 / 32 / EC of 26 April 1999 on the reduction of sulphur content in certain liquid fuels and amending Directive 93 / 12 / EEC. Directive 2005 / 33 / EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999 / 32 / EC as regards the sulphur content of marine fuels. Directive 2009 / 30 / EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 / 70 / EC as regards the specification of petrol, diesel and gas oils, the introduction of a mechanism for monitoring and reducing greenhouse gas emissions and Council Directive 1999 / 32 / EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93 / 12 / EEC. Directive 2012 / 33 / EU of the European Parliament and of the Council of 21 November 2012 amending Council Directive 1999 / 32 / EC as regards the sulphur content of marine fuels.
2) Act No. 114 / 1995 Coll., on Inland Navigation, as amended.
3) Act No. 61 / 2000 Coll., on maritime navigation, as amended.
4) Communication from the Ministry of Foreign Affairs No. 71 / 1995 Coll. on the negotiation of Protocol 1978 to the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973.
5) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.
(6) Council Regulation (EEC) No 2658 / 87 / EC of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended.
7) Government Decree No. 266 / 2009 Coll., on Technical Requirements for Marine Equipment, as amended.
8) Article 3 (2) of Regulation (EC) No 2099 / 2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulation on Safe Seas and the Prevention of Pollution from Ships.
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Regulation Information
| Citation | Decree No. 312 / 2012 Coll., on the establishment of fuel quality requirements for inland and maritime vessels in terms of air protection |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.09.2012 |
|---|---|
| Effective from | 01.10.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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