17.12.2011   

EN

Official Journal of the European Union

C 370/20

1.

Is Article 4a of Directive 1999/32/EC, (1) as amended by Directive 2005/33/EC, (2) which was adopted in the light of the entry into force of Annex VI to the MARPOL Convention, to be interpreted, in accordance with the international principle of good faith and the principle of cooperation in good faith as between the Community and its Member States, as meaning that the limit, fixed by that provision, of 1.5 % m/m of sulphur in marine fuels does not apply to ships flying the flag of a non-European Union State which is party to the MARPOL Convention 73/78, where such ships are in the port of a Member State which is itself a party to Annex VI to the MARPOL Convention 73/78?

2.

If Article 4a of Directive 1999/32/EC, as amended by Directive 2005/33/EC, is not to be interpreted as having the meaning proposed in Question 1, is that provision — in so far as it limits to 1.5 % m/m the sulphur content of fuel for use by passenger ships operating regular services to or from a Community port, including ships flying the flag of a non-European Union State which is party to Annex VI to the MARPOL Convention, pursuant to which, outside SEC areas, the 4,5 % m/m sulphur content limit applies — invalid on the basis that it is contrary to the general principle of international law pacta sunt servanda and to the principle of cooperation in good faith as between the Community and its Member States, in that it requires Member States which have agreed to and ratified Annex VI to act in breach of the obligations entered into towards the other States which are party to Annex VI to the MARPOL Convention 73/78?

3.

Is the term ‘regular services’ in Article 2(3g) of Directive 1999/32/EC, as amended by Directive 2005/33/EC, to be interpreted as meaning that cruise ships also count as ships operating ‘regular services’?