
Article 1 
This Decision lays down the rules concerning sampling methods and frequency as well as reporting under  Directive (EU) 2016/802  as regards the sulphur content of marine fuels.
Article 2 
For the purposes of this Decision, the following definitions shall apply:

((1)) ‘Service tank’ means a tank from where fuel is taken to feed the downstream fuel-oil combustion machinery;
((2)) ‘Fuel service system’ means the system supporting the distribution, filtration, purification and supply of fuel from the service tanks to the fuel-oil combustion machinery;
((3)) ‘Ship's representative’ means the ship's master or officer in charge who is responsible for the marine fuels being used, documentation and for agreeing on the alternative fuel sampling point location;
((4)) ‘Sulphur inspector’ means a person duly authorised by  the Secretary of State or persons appointed by the Secretary of State  to verify compliance with the provisions of  Directive (EU) 2016/802;
((4A)) ‘United Kingdom ship’ has the same meaning as in section 85(2) of the Merchant Shipping Act 1995.
((5)) ...
Article 3 

1. The Secretary of State or persons appointed by the Secretary of State  shall carry out inspections of ships' log books and bunker delivery notes on board of at least 10 % of the total number of individual ships calling in the  United Kingdom  per year.The total number of individual ships calling in  the United Kingdom  shall correspond to the average number of ships of the three preceding years ....
2. As from 1 January 2016, the sulphur content of the marine fuel being used on board shall also be checked by sampling or analysis or both of at least 30 per cent of the inspected ships referred to in paragraph 1.The Secretary of State or persons appointed by the Secretary of State may comply with the frequencies specified in this paragraph by selecting ships on the basis of national risk-based targeting mechanisms and of specific alerts on individual ships.
3. The number of individual ships calculated pursuant to paragraph 2 that shall also be checked by sampling or analysis or both can be adjusted, but not reduced by more than 50 %, either:
(a) by subtracting the number of individual ships for which possible non-compliance is verified using remote sensing technologies or quick scan analysing methods; or
(b) by setting an appropriate number where document verifications in accordance with paragraph 1 are carried out on board of at least 40 % of the individual ships calling in the  United Kingdom  per year....
4. As from 1 January 2016, instead of complying with the annual frequency laid down in paragraphs 1, 2 and 3,  the Secretary of State  may apply an annual frequency of sampling on the basis of  a  risk-based targeting mechanism.
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Article 4 

1. In accordance with  Article 13(2) of Directive (EU) 2016/802  and taking into account the volume of marine fuels delivered,  the Secretary of State or persons appointed by the Secretary of State  shall carry out sampling and analysis of marine fuels while being delivered to ships by those marine fuel suppliers registered in  the United Kingdom  that have been found at least three times in any given year to deliver fuel that does not comply with the specification stated on the bunker delivery note ....
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Article 5 

1. In accordance with Article 3, where the sulphur content of marine fuels being used on board is verified,  the Secretary of State or persons appointed by the Secretary of State  shall apply the following staged approach to sampling and compliance verification of sulphur standards:
(a) inspection of ships' log books and bunker delivery notes;
(b) as appropriate, one or both of the following means of sampling and analysis:
((i)) analysis of the sealed bunker samples on board ships accompanying the bunker delivery note which have been taken in accordance with Regulation 18(8.1) and (8.2) of Annex VI to MARPOL;
((ii)) on-board spot sampling of the marine fuels for on-board combustion in accordance with Article 6 followed by analysis.
2. At the end of the sulphur content verification and analysis, the sulphur inspector shall record the details of the fuel-specific inspection and findings in line with the requested type of information referred to in Article 7(a).
Article 6 

1. The Secretary of State or persons appointed by the Secretary of State  shall take the on-board spot sample of marine fuel through a single or multiple spot sample at the location where a valve is fitted for the purpose of drawing a sample in the fuel service system, as indicated on the ship's fuel piping systems or arrangement plan and as approved by the Flag Administration or Recognised Organisation acting on its behalf.
2. In the absence of the location referred to in paragraph 1, the fuel sampling point shall be the location where a valve is fitted for the purpose of drawing a sample and shall fulfil all of the following conditions:
(a) be easily and safely accessible;
(b) take into account different fuel grades being used for the fuel-oil combustion machinery item;
(c) be downstream of the fuel in use from the service tank;
(d) be as close to the fuel inlet of the fuel-oil combustion machinery item as feasible and safely possible taking into account the type of fuels, flow-rate, temperature, and pressure behind the selected sampling point;
(e) be proposed by the ship's representative and accepted by the sulphur inspector.
3. The Secretary of State or persons appointed by the Secretary of State may take a spot sample at more than one location in the fuel service system to determine whether there is a possible fuel cross-contamination in the absence of fully segregated fuel service systems, or in case of multiple service tank arrangements.
4. The Secretary of State or persons appointed by the Secretary of State shall ensure that the spot sample is collected in a sampling container from which at least three sample bottles can be filled which are representative of the marine fuel being used.
5. The Secretary of State or persons appointed by the Secretary of State shall take measures to ensure the following:
(a) that the sample bottles are sealed by the sulphur inspector with a unique means of identification installed in the presence of the ship's representative;
(b) that two sample bottles are taken ashore for analysis;
(c) that one sample bottle is retained by the ship's representative for a period of not less than 12 months from the date of collection.
Article 7 
The Secretary of State must publish an annual report on compliance with sulphur standards for marine fuels. The report must include at least the following information:

((a)) the total annual number and type of non-compliance of measured sulphur content in examined fuel, including the extent of individual sulphur content non-conformity and the average sulphur content determined following sampling and analysis;
((b)) the total annual number of document verifications, including bunker delivery notes, location of fuel bunkering, oil record books, log books, fuel change-over procedures, and records;
((c)) claims of non-availability of marine fuels as referred to in Article 6(8) of Directive (EU) 2016/802, including—
(i) the ship details;
(ii) bunkering port;
(iii) if the non-availability occurred in the United Kingdom or a Member State, where the non-availability occurred;
(iv) number of claims made by the same ship; and
(v) type of bunker unavailable;
((d)) notifications and letters of protest with respect to the sulphur content of fuels against marine fuel suppliers in their territory;
((e)) a list containing the name and address of all marine fuel suppliers in the  United Kingdom;
((f)) the description of the use of alternative emission abatement methods, including trials and continuous emission monitoring, or alternative fuels and compliance checks of continuous achievement of SOx reduction in accordance with Annexes I and II to  Directive (EU) 2016/802 of United Kingdom ships;
((g)) where applicable, description of national risk-based targeting mechanisms, including specific alerts, and the use and outcome of remote sensing and other available technologies for prioritising individual ships for compliance verification;
((h)) total number and type of infringement procedures initiated or penalties or both, the amount of fines imposed by the competent authority to both ship operators and marine fuel suppliers;
((i)) for each individual ship, following the inspection of its log books and bunker delivery notes or sampling or both:

((i)) ship particulars, including IMO number, type, age of ship and tonnage;
((ii)) reports on sampling and analysis, including the number and type of samples, the sampling methods used, and sampling locations, for compliance verification of the ship type;
((iii)) relevant information on bunker delivery notes, location of fuel bunkering, oil record books, log books, fuel change-over procedures, and records;
((iv)) enforcement action and legal procedures initiated at the national level or penalties or both against that individual ship.
Article 8 
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Article 9 
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 16 February 2015.
For the Commission
The President
Jean-Claude JUNCKER