The EU Commision published Recommendation 2009/1020/EU of 21 December 2009 on the safe implementation of the use of low sulphur fuel by ships at berth in Community ports. Art. 4b of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels provides for the maximum sulphur content of marine fuels used by ships at berth in Community ports.   As of 1 January 2010, this new Recommendation includes obligations for Member States to ensure that vessels do not use marine fuels with a sulphur content .exceeding 0.1 % by mass and that marine gas oils are not placed on the market in their territory if the sulphur content of those marine gas oils exceeds 0.1 % by mass. Art. 6 of the Directive also provides that Member States must check by sampling that the sulphur content of marine fuels complies with the relevant provision of Art. 4b and that sampling commences from the date of entry into force of the requirement. As part of the enforcement actions against ships which fail to comply with these requirement while at berth, Member States should request them to provide detailed evidence of the steps they are taking to achieve compliance. This should include a contract with a manufacturer and an approved retrofit plan which should be approved by the ship’s classification society or, for ships flying the flag of a Member State, by the organisation having recognition in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council. The retrofit plan should clearly state the date of completion of the adaptation and certification process. The Recommendation could further facilitate the market for clean generators including fuel cells in EU ports.