1. On the basis of the results of the sampling, analysis and inspections carried out in accordance with Article 6, Member States shall by 30 June of each year provide the Commission with a short report on the sulphur content of the liquid fuels falling within the scope of this Directive and used within their territory during the preceding calendar year. That report shall include a record of the total number of samples tested by fuel type and shall indicate the corresponding quantity of fuel used, and the calculated average sulphur content. Member States shall also report the number of inspections made on board ships, and record the average sulphur content of marine fuels used in their territory which do not fall within the scope of this Directive on 11 August 2005 .
2. On the basis, inter alia , of:
annual reports submitted in accordance with paragraph 1;
observed trends in air quality, acidification, fuel costs and modal shift;
progress in reducing emissions of sulphur oxides from ships through IMO mechanisms following Community initiatives inthis regard;
a new cost-effectiveness analysis, including direct and indirect environmental benefits, of measures contained in Article 4a(4) and of possible further emission reduction measures; and
the implementation of Article 4c,
the Commission shall, by 2008, submit a report to the European Parliament and to the Council.
The Commission may submit with its report proposals for amending this Directive, in particular as regards:
a second stage of sulphur limit values laid down for each fuel category, and
taking account of work within the IMO, the sea areas where low sulphur marine fuels are to be used.
The Commission shall give particular consideration to proposals for:
the designation of additional SOx Emission Control Areas;
the reduction of sulphur limits for marine fuel used in SOx Emission Control Areas possibly down to 0,5 %;
alternative or complementary measures.
3. By 31 December 2005 , the Commission shall report to the European Parliament and to the Council on the possible use of economic instruments, including mechanisms such as differentiated dues and kilometre charges, tradable emission permits and offsetting.
The Commission may consider submitting proposals on economic instruments as alternative or complementary measures in the context of the 2008 review, provided that environmental and health benefits can be clearly demonstrated.
[F24. Any amendments necessary to make technical adaptations to Article 2, points 1, 2, 3, 3a, 3b and 4, or Article 6(2) in the light of scientific and technical progress shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2). Such adaptations shall not result in any direct changes to the scope of this Directive or to limits on sulphur in fuel specified in this Directive.] ]
Textual Amendments
F1 Substituted by Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC.
F2 Substituted by Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part Two.