Proposal for a directive
Article 1 – point 8 a (new)
Directive 1999/32/EC
Article 4e a (new)
(8a) The following article is inserted: "Article 4ea Fuel oil availability Notwithstanding the provision set out in Articles 3 and 4. 1. If a ship is found by a Member State not to be in compliance with the standards for compliant fuel oils set out in this Directive, the competent authority of the Member State is entitled to require the ship to: (a) present a record of the actions taken to attempt to ensure compliance; and (b) provide evidence that it attempted to purchase compliant fuel oil in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such fuel oil and that despite best efforts to obtain compliant fuel oil, no such fuel oil was made available for purchase. 2. The ship shall not be required to deviate from its intended voyage or to delay unduly the voyage in order to ensure compliance. 3. If a ship provides the information set out in paragraph 1 of this article, Member States shall take into account all relevant circumstances and the evidence presented in order to determine the appropriate action to take, including not taking control measures. 4. A ship shall notify its Administration and the competent authority of the relevant port of destination when it cannot purchase compliant fuel oil. 5. Member States shall notify the Commission when a ship has presented evidence of the non-availability of compliant fuel oil."