1997L0070 — EN — 16.04.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 97/70/EC
of 11 December 1997
setting up a harmonised safety regime for fishing vessels of 24 metres in length and over
(OJ L 34, 9.2.1998, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Directive 1999/19/EC of 18 March 1999 L 83 48 27.3.1999
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COUNCIL DIRECTIVE 97/70/EC
of 11 December 1997
setting up a harmonised safety regime for fishing vessels of
24 metres in length and over
THE COUNCIL OF THE EUROPEAN UNION,
Havingreg ard to the Treaty establishingthe European Community, andin particular Article 84(2) thereof,
Havingreg ard to the proposal from the Commission(
1),
Havingreg ard to the opinion of the Economic and Social Committee(2),
Actingin accordance with the procedure referred to in Article 189c of
the Treaty(3),
(1)Whereas Community action in the sector of maritime transportshould aim at the improvement of maritime safety;
(2)Whereas the Torremolinos Protocol relatingto the TorremolinosInternational Convention for the Safety of FishingVessels 1977,hereinafter referred to as the ‘Torremolinos Protocol'was adoptedon 2 April 1993;
(3)Whereas the enforcement of this Protocol at Community level forfishingvessels flyingthe flagof a Member State or operatinginthe internal waters or territorial sea of a Member State or landingtheir catch in a port of a Member State will enhance the safety ofsuch fishingvessels as various national leg islations do not yetrequire the safety level established by the Protocol; whereas sucha common safety level will, by harmonisingthe different andvaryingnational safety requirements, ensure that competition willtake place on an equal level for fishingvessels operatingin thesame area without compromisingsafety standards;
(4)Whereas, in view, in particular, of the internal market dimension,action at Community level is the most effective way to establisha common safety level for fishingvessels throug hout theCommunity;
(5)Whereas a Council Directive is the appropriate legal instrumentas it provides a framework for a uniform and compulsoryapplication of the safety standards by Member States, whileleavingto each Member State the choice of form and methods,that best fit its internal system;
(6)Whereas several important chapters of the Torremolinos Protocolapply only to fishingvessels of 45 metres in leng th and over;whereas limitingthe application of the Protocol at Communitylevel only to such vessels would create a safety gap between thelatter and smaller fishingvessels between 24 and 45 metres inlength, and would therefore distort competition;
(7)Whereas Article 3(4) of that Protocol states that each Party shalldetermine which of its regulations for which the length limit isgreater than 24 metres should apply, wholly or in part, to afishingvessel of 24 metres in leng th or over but less than theprescribed length limit and entitled to fly a flag ofthat Party;whereas Article 3(5) of that Protocol states that Parties shallendeavour to establish uniform standards for these fishingvesselsoperatingin the same reg ion;
(1) OJ C 292, 4.10.1996, p. 29.
(2) OJ C 66, 3.3.1997, p. 31.
(3) Opinion of the European Parliament of 24 April 1997 (OJ C 150,
19.5.1997, p. 30), Council Common Position of 30 June 1997 (OJ C 246,12.8.1997, p. 1) and Decision of the European Parliament of 6 November1997 (OJ C 358, 24.11.1997).
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(8)Whereas, in order to enhance safety and to avoid distortions of
competition, the aim must be pursued of applyingthe safety rulesof this Directive to all fishingvessels of 24 metres in leng th andover, operatingin the fishingzones of the Community, irrespec-tive of the flagthey fly; whereas this must be achieved, forfishingvessels flyingthe flagof third States operatingin theinternal waters or territorial sea of a Member State or landingtheir catch in a port of a Member State, in accordance with thegeneral rules of international law;
(9)Whereas the relevant provisions of Council Directives adoptedunder the social policy of the Community must continue to apply;
(10)Whereas Member States should, for all those reasons, apply tonew and, where required, to existingfishingvessels of 45 metresin length and over the provisions of the Annex to the Torremo-linos Protocol, takingaccount of the relevant provisions listed inAnnex I to this Directive; whereas Member States should alsoapply the provisions of Chapters IV, V, VII and IX of the Annexto the Torremolinos Protocol, as adapted by Annex II to thisDirective, to all new vessels of 24 metres in length and over butless than 45 metres flyingtheir flag ;
(11)Whereas specific requirements, as set out in Annex III, can bejustified for reasons relatingto specific reg ional circumstances,such as geographical and climatic conditions; whereas suchprovisions have been developed for operation in the northern andsouthern zones, respectively;
(12)Whereas, in order to further increase the level of safety, vesselsflyingthe flagof a Member State should comply with thespecific requirements set out in Annex IV;
(13)Whereas fishingvessels flyingthe flagof third States should notbe allowed to operate in the internal waters or territorial sea of aMember State or to land their catch in a Member State’s port, andtherefore compete with vessels flyingthe flagof a Member State,unless their flagState has certified that they comply with thetechnical provisions laid down in this Directive;
(14)Whereas equipment complyingwith the requirements of CouncilDirective 96/98/EC of 20 December 1996 on marine equip-ment (
1), when installed on board fishingvessels should be auto-
matically recognised to be in conformity with the specific provi-sions imposed on such equipment in this Directive, since therequirements of Directive 96/98/EC are at least equivalent tothose of the Torremolinos Protocol and this Directive;
(15)Whereas Member States could encounter local circumstanceswhich justify the application of specific safety measures to allfishingvessels operatingin certain areas; whereas they may alsoconsider it appropriate to adopt exemptions from, or equivalentrequirements to, the provisions of the Annex to the TorremolinosProtocol; whereas they should be entitled to adopt such measuressubject to control under the Committee procedure;
(16)Whereas at present there are no uniform international technicalstandards for fishing vessels as regards their hull strength, mainand auxiliary machinery and electrical and automatic plants;whereas such standards may be fixed accordingto the rules ofrecognised organisations or national administrations;
(17)Whereas, for the control of the effective implementation andenforcement of this Directive, Member States should carry outsurveys and issue a certificate of compliance to fishingvesselswhich comply with the specific requirements of this Directive;
(1) OJ L 46, 17.2.1997, p. 25.
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(18)Whereas, in order to ensure full application of this Directive, and
in accordance with the procedure established in Article 4 of theTorremolinos Protocol, fishingvessels should be subject to portState control; whereas a Member State may undertake controlsalso on board fishingvessels of third countries which are notoperatingin the internal waters or territorial sea of a MemberState nor landingtheir catch in the ports of a Member State,when they are in a port of that Member State, in order to verifythat they comply with that Protocol, once it has entered intoforce;
(19)Whereas it is necessary for a committee composed of the repre-sentatives of the Member States to assist the Commission in theeffective application of this Directive; whereas the committee setup in Article 12 of Council Directive 93/75/EEC of 13 September1993 concerningminimum requirements for vessels bound for orleavingCommunity ports and carryingdang erous or pollutinggoods (
1), can take on this task;
(20)Whereas, in order to ensure a consistent implementation of thisDirective, certain provisions may be adapted through thiscommittee to take account of relevant developments at inter-national level;
(21)Whereas the International Maritime Organisation (IMO) shouldbe informed of this Directive in accordance with the Torremo-linos Protocol;
(22)Whereas, in order to ensure full application of this Directive,Member States should lay down a system of penalties forbreachingthe national provisions adopted pursuant to thisDirective,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Purpose
1. The purpose of this Directive is to lay down safety standards for
seag oingfishingvessels of 24 metres in leng th and over, both new, andexisting, in so far as the Annex to the Torremolinos Protocol applies tothe latter, and
— flyingthe flagof a Member State and reg istered in the Community,
or
— operatingin the internal waters or territorial sea of a Member State,
or
— landingtheir catch in the port of a Member State.
Recreational craft engaged in non-commercial fishing are excluded
from the scope of this Directive.
2. This Directive is without prejudice to the provisions of Council
Directive 89/391/EEC of 12 June 1989 on the introduction of measuresto encourage improvements in the safety and health of workers atwork (
2), its individual Directives and, in particular Council Directive
93/103/EC of 23 November 1993 concerningthe minimum health andsafety requirements for work on board fishingvessels (13th individualDirective within the meaningof Article 16(1) of Directive 89/391/EEC) (
3).
(1) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Directive 96/
39/EC (OJ L 196, 7.8.1996, p. 7).
(2) OJ L 183, 29.6.1989, p. 1.
(3) OJ L 307, 13.12.1993, p. 1.
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Article 2
Definitions
For the purpose of this Directive:
1. ‘fishingvessel' or ‘vessel' means any vessel equipped or used
commercially for catchingfish or other livingresources of the sea;
2. ‘new fishingvessel' means a fishingvessel for which:
(a) on or after 1 January 1999 the buildingor major conversion
contract is placed; or
(b) the buildingor major conversion contract has been placed before
1 January 1999, and which is delivered three years or more afterthat date; or
(c) in the absence of a buildingcontract, on or after 1 January 1999:
— the keel is laid, or
— construction identifiable with a specific ship begins, or— assembly has commenced comprisingat least 50 tonnes or
1 % of the estimated mass of all structural material, which-ever is less;
3. ‘existingfishingvessel' means a fishingvessel which is not a new
fishingvessel;
4. ‘Torremolinos Protocol' means the Torremolinos Protocol relatingto
the Torremolinos International Convention for the Safety of FishingVessels, 1977, together with the amendments thereto;
5. ‘Certificate' means the certificate of compliance referred to in
Article 6;
6. ‘length' means, unless provided otherwise, 96 % of the total length
on a waterline at 85 % of the least moulded depth measured from thekeel line, or the length from the foreside of the stem to the axis ofthe rudder stock on that waterline, if that be greater. In vesselsdesigned with rake of keel the waterline on which this length ismeasured shall be parallel to the designed waterline;
7. ‘operating ' means catchingor catchingand processingfish or other
livingresources of the sea without prejudice to the rig ht of innocentpassage in the territorial sea and the freedom of navigation in the200 mile exclusive economic zone;
8. ‘recognised organisation' means an organisation recognised in
conformity with Article 4 of Council Directive 94/57/EC of 22November 1994 on common rules and standards for ship inspectionand survey organisations and for the relevant activities of maritimeadministrations(
1).
Article 3
General requirements
1. Member States shall ensure that the provisions of the Annex to the
Torremolinos Protocol are applied to the fishingvessels concernedflyingtheir flag , unless Annex I to this Directive provides otherwise.
Unless provided otherwise in this Directive, existingfishingvessels
shall comply with the relevant requirements of the Annex to the Torre-molinos Protocol not later than 1 July 1999.
2. Member States shall ensure that those requirements in Chapters
IV, V, VII and IX of the Annex to the Torremolinos Protocol whichapply to vessels of 45 metres in length and over are also applied to newfishingvessels of 24 metres in leng th and over, flyingtheir flag , unlessAnnex II to this Directive provides otherwise.
(1) OJ L 319, 12.12.1994, p. 20.
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3. However, Member States shall ensure that vessels flyingtheir flag
operatingin specific areas shall comply with the provisions for therelevant areas, as defined in Annex III.
4. Member States shall ensure that vessels flyingtheir flagshall
comply with the specific safety requirements laid down in Annex IV.
5. Member States shall prohibit fishingvessels flyingthe flagof a
third country from operatingin their internal waters or territorial sea orlandingtheir catch in their ports unless they are certified by their flagState administration to comply with the requirements referred to inparagraphs 1, 2, 3 and 4 and in Article 5.
6. Marine equipment listed in Annex A.1 to Directive 96/98/EC and
complyingwith the requirements of the latter, when placed on board afishingvessel to comply with the provisions of this Directive, shall beautomatically considered to be in conformity with such provisions,whether or not these provisions require that the equipment must beapproved and subjected to tests to the satisfaction of the administrationof the flagState.
Article 4
Specific requirements, exemptions and equivalents
1. If a Member State or a group of Member States considers that
certain situations due to specific local circumstances or the vessel’sparticulars require specific safety measures for fishingvessels operatingin a certain area, and if the need therefor is demonstrated, they may,subject to the procedure in paragraph 4, adopt such specific safetymeasures to take account of local circumstances such as the nature andclimatic conditions of the waters these vessels operate in, the length oftheir journeys, or their particulars, such as their construction material.
The measures adopted shall be added in Annex III.2. Member States shall apply the provisions of Regulation 3, para-
graph 3 of Chapter 1 of the Annex to the Torremolinos Protocol, foradoptingmeasures containingexemptions, subject to the procedure laiddown in paragraph 4 of this Article.
3. Member States may adopt measures allowingequivalents in
accordance with Regulation 4, paragraph 1 of Chapter 1 of the Annex tothe Torremolinos Protocol, subject to the procedure laid down in para-graph 4 of this Article.
4. A Member State which avails itself of the provisions of para-
graphs 1, 2 or 3 shall follow the following procedure:
(a) The Member State shall notify the Commission of the measures
which it intends to adopt, includingparticulars to the extent neces-sary to confirm that the level of safety is adequately maintained.
(b) If, within a period of six months from the notification, it is decided,
in accordance with the procedure laid down in Article 9, that theproposed measures are not justified, the said Member State may berequired to amend or not to adopt the proposed measures.
(c) The adopted measures shall be specified in the relevant national
legislation and communicated to the Commission, which shallinform the other Member States of all particulars thereof.
(d) Any of such measures shall be applied to all fishingvessels when
operatingunder the same specified conditions, without discrim-ination with regard to their flag or to the nationality of their oper-ator.
(e) The measures referred to in paragraph 2 shall only apply as long as
the fishingvessel operates under the specified conditions.
Article 5
Standards for design, construction and maintenance
The standards for the design, construction and maintenance of hull,
main and auxiliary machinery, electrical and automatic plants of afishingvessel shall be the rules in force at the date of its construction,
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specified for classification by a recognised organisation or used by an
administration.
For new vessels, these rules shall be in accordance with the procedure
and subject to the conditions laid down in Article 14(2) of Directive94/57/EC.
Article 6
Surveys and certificates
1. Member States shall issue to fishingvessels flyingtheir flagand
complyingwith Articles 3 and 5, a certificate of compliance with theterms of this Directive, supplemented by a record of equipment and,where appropriate, exemption certificates. The certificate of compliance,record of equipment and exemption certificate shall have a format aslaid down in Annex V. The certificates shall be issued by the adminis-tration of the flag State or by a recognised organisation acting on itsbehalf after an initial survey, carried out by the exclusive surveyorseither of the administration of the flagState itself or of a recog nisedorganisation or of the Member State authorised by the flag State tocarry out surveys, in accordance with Regulation 6, paragraph (1)(a) ofChapter 1 of the Annex to the Torremolinos Protocol.
2. The periods of validity of the certificates referred to in paragraph
1 shall not exceed those established in Regulation 11 of Chapter 1 ofthe Annex to the Torremolinos Protocol. Renewal of the certificate ofcompliance, shall be issued after periodical surveys, in accordance withRegulation 6 of Chapter 1 of the Annex to the Torremolinos Protocol,have been carried out.
Article 7
Control provisions
1. Fishingvessels operatingin the internal waters or territorial sea of
a Member State or landingtheir catch in its ports and not beingfishingvessels flyingthe flagof that Member State shall be subject to controlby the Member State, in accordance with Article 4 of the TorremolinosProtocol and without discrimination with regard to flag or nationality ofthe operator, in order to verify that they comply with this Directive.
2. Fishingvessels, which are not operatingin the internal waters or
territorial sea of a Member State nor landingtheir catch in the ports of aMember State and flyingthe flagof another Member State, shall besubject to control by the Member State, when in its ports, in accordancewith Article 4 of the Torremolinos Protocol and without discriminationwith regard to flag or nationality of the operator, in order to verify thatthey comply with this Directive.
3. Fishingvessels flyingthe flagof a third State, which are not
operatingin the internal waters or territorial sea of a Member State norlandingtheir catch in the ports of a Member State, shall be subject tocontrol by the Member State, when in its ports, in accordance withArticle 4 of the Torremolinos Protocol, in order to verify their compli-ance with the Torremolinos Protocol, once it has entered into force.
Article 8
Adaptations
In accordance with the procedure laid down in Article 9:
(a) provisions may be adopted and incorporated for:
— a harmonised interpretation of provisions of the Annex to the
Torremolinos Protocol which have been left to the discretion ofthe administrations of individual contractingparties, as far asnecessary to ensure their consistent implementation in theCommunity,
— the implementation of this Directive without broadeningits
scope.
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b) Articles 2, 3, 4, 6 and 7 of this Directive may be adapted and its
Annexes may be amended in order toapply, for the purpose of thisDirective, subsequent amendments to the Torremolinos Protocolwhich have entered into force after the adoption of this Directive.
Article 9
Committee
1. The Commission shall be assisted by the committee established by
Article 12(1) of Directive 93/75/EEC.
2. Where reference is made to this Article, the followingprocedure
shall apply:
(a) The representative of the Commission shall submit to the committee
a draft of the measures to be taken. The committee shall deliver itsopinion on the draft within a time limit which the chairman may laydown accordingto the urg ency of the matter. The opinion shall bedelivered by the majority laid down in Article 148(2) of the Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives ofthe Member States within the committee shall be weighted in themanner set out in that Article. The chairman shall not vote.
(b) The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
(c) If the measures envisaged are not in accordance with the opinion of
the committee, or if no opinion is delivered, the Commission shall,without delay, submit to the Council a proposal relatingto themeasures to be taken. The Council shall act by a qualified majority.
If, on the expiry of eight weeks from the date of the referral to the
Council, the Council has not acted, the proposed measures shall beadopted by the Commission.
Article 10
Notification to IMO
The Presidency of the Council and the Commission shall inform the
IMO of the adoption of this Directive, whereby reference shall be madeto Article 3(5) of the Torremolinos Protocol.
Article 11
Penalties
Member States shall lay down the system of penalties for breachingthe
national provisions adopted pursuant to this Directive and shall take allthe measures necessary to ensure that those penalties are applied. Thepenalties thus provided for shall be effective, proportionate and dissua-sive.
Article 12
Implementation
1. Member States shall bringinto force the laws, reg ulations and
administrative provisions necessary to comply with this Directive before1 January 1999. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of makingsuch areference shall be laid down by Member States.
2. Member States shall immediately communicate to the Commission
all provisions of domestic law which they adopt in the field governedby this Directive. The Commission shall inform the other MemberStates thereof.
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Article 13
Entry into force
This Directive shall enter into force on the 20th day followingits
publication in the Official Journal of the European Communities .
Article 14
Addressees
This Directive is addressed to the Member States.
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ANNEXI
Adaptation of provisions of the Annex to the Torremolinos Protocol for
application of Article 3(1) of Council Directive 97/70/EC
CHAPTER I: GENERAL PROVISIONS
Regulation 2: Definitions
Paragraph 1 ‘New vessel' has to be replaced by the definition of ‘new fishing
vessel' contained in Article 2 of this Directive.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE
EXTINCTION AND FIRE FIGHTING
Regulation 2: Definitions
Paragraph 2 ‘standard fire test'to be read with the following changes at the end
with regard to the standard temperature curve:
‘… The standard time-temperature curve is defined by a smooth curve drawnthrough the following internal furnace temperature points:
initial internal furnace temperature 20 °C
at the end of the first five minutes 576 °C
at the end of 10 minutes 679 °C
at the end of 15 minutes 738 °C
at the end of 30 minutes 841 °C
at the end of 60 minutes 945 °C.'
CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS
Regulation 1: Application
Paragraph 2 to be read as follows: ‘Regulations 13 and 14 shall also apply to
existingvessels of 45 metres in leng th and over, provided that the administrationmay defer the implementation of the requirements of these regulations until 1February 1999.'
Regulation 13: Radio life-saving appliances
Paragraph 2 to be read as follows: ‘Two-way VHF radiotelephone apparatus
provided on board existingvessels and not complyingwith the performancestandards adopted by the organisation may be accepted by the administrationuntil 1 February 1999, provided that the administration is satisfied that they arecompatible with approved two-way VHF radiotelephone apparatus.'
CHAPTER IX: RADIO COMMUNICATIONS
Regulation 1: Application
Paragraph 1, second sentence to be read as follows:
‘However, for existingvessels, the administration may defer the implementa-
tion of the requirements until 1 February 1999.'
Regulation 3: Exemptions
Paragraph 2(c) to be read as follows: ‘when the vessel will be taken permanently
out of service before 1 February 2001.'
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ANNEXII
Adaptation of provisions of Chapters IV, V, VII and IX of the Annex to the
Torremolinos Protocol, in accordance with Article 3(4) of the latter, for
application to new fishing vessels with a length of 24 metres and over
CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS
AND PERIODICALLY UNATTENDED MACHINERYSPACES
Regulation 1: Application
To be read as follows:
‘Unless provided otherwise, this chapter shall apply to new fishingvessels of
24 metres in length and over.'
Regulation 7: Communication between the wheelhouse and machinery space
To be read with the followingaddition:
‘Two separate means of communication … shall be provided, one of which
shall be an engine room telegraph, except that in vessels of less than45 metres in length, where the propulsion machinery is directly controlledfrom the wheelhouse, the administration may accept means of communicationother than an engine room telegraph.'
Regulation 8: Wheelhouse control of propulsion machinery
Paragraph 1(d) to be read with the following addition:
‘… or control room. On vessels of less than 45 metres in length the adminis-
tration may permit the control station in the machinery space to be anemergency station only, provided that the monitoring and control in thewheelhouse is adequate.'
Regulation 16: Main source of electrical power
Paragraph 1(b) to be read with the following addition:
‘… sets beingstopped. However, in vessels of less than 45 metres in leng th,
in the event of any one of the g eneratingsets beingstopped, it shall only benecessary to ensure the functioningof the services essential for propulsionand safety of the vessels.'
Regulation 17: Emergency source of electrical power
Paragraph 6 to be read with the following insertion:
‘An accumulator battery fitted in accordance with this Regulation, other than
batteries fitted for the radio transmitter and receiver in vessels of less than45 metres in length, shall be installed…'.
Regulation 22: Alarm system
Paragraph 2(a) to be read with the following addition:
‘The alarm system … at a suitable position. However, in vessels of less than
45 metres in length the administration may permit the system to be capable ofsoundingand indicatingvisually each separate alarm function in the wheel-house only.'
Paragraph 2(b) to be read with the following addition:
‘In vessels of 45 metres in length and over the alarm system shall have a
connection …'.
Paragraph 2(c) to be read with the following addition:
‘In vessels of 45 metres in length and over an engineer’s alarm …'.
CHAPTER V FIRE PROTECTION, FIRE DETECTION, FIRE
EXTINCTION AND FIRE FIGHTING
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Regulation 2: Definitions
Paragraph 14(b) to be read with the following change:
‘… not less than 375 kilowatts'.
PART C
Replace the title as follows:
‘PART C — FIRE SAFETY MEASURES IN VESSELS OF 24 METRES IN
LENGTH AND OVER BUT LESS THAN 60 METRES'
Regulation 35: Fire pumps
Insert followingparag raph:
‘Notwithstandingthe provision of Reg ulation V/35(1), at least two fire pumps
shall always be provided.'Add to
paragraph 8:
‘… or 25 m3/h, whichever is the greatest.'
Regulation 40: Fire-extinguishing appliances in machinery spaces
Paragraph 1(a) to be read with the following change:
‘… of not less than 375 kilowatts …'.
CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS
Regulation 1: Application
Paragraph 1 to be read with following changes:
‘1.Unless provided otherwise, this chapter shall apply to new vessels of
24 metres in length and over.'
Regulation 5: Number and types of survival craft and rescue boats
1. Beginning of paragraph 3 to be read as follows:
‘Vessels of less than 75 metres in length but of 45 metres in length and over
shall comply with the following:'.
2. Read with a new paragraph 3(a):
‘(3a) Vessels of less than 45 metres in length shall be provided with:
(a) survival craft of sufficient aggregate capacity to accommodate at least
200 % of the total number of persons on board. Sufficient of thesesurvival craft to accommodate at least the total number of persons onboard shall be capable of beinglaunched from either side of the vessel;and
(b) a rescue boat, except where the administration is satisfied that because of
the size and the manoeuvrability of the vessel, the near availability ofsearch and rescue facilities and meteorological warning systems, theoperation of the vessel in areas not susceptible to heavy weather or theseasonal characteristics of the operation, such provision is unnecessary.'
3. Beginning of paragraph 4 to be read as follows:
‘In lieu of meetingthe requirements of parag raphs 2(a), 3(a) and 3a(a) vessels
may carry …'.
Regulation 10: Lifebuoys
1. Read subparagraph 1(b) as follows:
‘six lifebuoys in vessels of less than 75 metres in length but 45 metres in
length and over;'.
2. Insert a new subparagraph 1(c) as follows:
‘1(c) four lifebuoys in vessels of less than 45 metres in length.'
Regulation 13: Radio life-saving appliances
Insert a new paragraph 1a to read as follows:
‘1a However, for vessels of less than 45 metres in length the number of such
apparatus may be reduced to two, if the administration considers the require-ment to carry three such apparatus unnecessary takinginto account theoperation area of the vessel and the number of persons employed on board;'.
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Regulation 14: Radar transponders
To be read with the followingaddition at the end:
‘… in each survival craft. On every vessel of less than 45 metres in length at
least one radar transponder shall be carried.'
CHAPTER IX: RADIO COMMUNICATIONS
Regulation 1: Application
Read paragraph 1, first sentence as follows:
‘Unless provided otherwise, this chapter shall apply to new vessels of
24 metres in length and over and to existing vessels of 45 metres in length andover.'
▼
M1
Regulation 7: Radio equipment — sea area A1
Insert a new paragraph (4) to read as follows: ‘Notwithstanding the provisions of
Regulation 4(a), the Administration may exempt new fishing vessels of 24metres in length and over but less than 45 metres and engaged exclusively onvoyages within sea area A1 from the requirements of Regulations 6(1)(f) and7(3) provided that they are equipped with a VHF radio installation as prescribedby Regulation 6(1)(a) and, in addition, with a VHF radio installation using DSCfor the transmission of ship-to-shore distress alerts as prescribed by Regulation7(1)(a).'
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ANNEXIII
Regional and local provisions (Articles 3(3) and 4(1))
A.‘Northern' regional provisions
1.Area of application
Unless mentioned otherwise elsewhere, the waters north of the boundary
as illustrated on the chart attached to this Annex, excludingthe BalticSea. This boundary is defined by the parallel of latitude 62 °N from the
west coast of Norway to longitude 4 °W, thence the meridian of longi-
tude 4 °W to latitude 60 °30 /prime1N, thence the parallel of latitude 60 °30 /prime1N
to longitude 5 °W, thence the meridian of longitude 5 °W to latitude
60°N, thence the parallel of latitude 60 °N to longitude 15 °W, thence
the meridian of longitude 15 °W to latitude 62 °N, thence the parallel of
latitude 62 °N to longitude 27 °W, thence the meridian of longitude
27°W to latitude 59 °N and thence the parallel of latitude 59 °Nt ot h e
west.
2.Definitions
‘Heavy drift ice' is drift ice covering8/10 or more of the sea surface.
3.Regulation III/7(1) (Operating conditions)
In addition to the specific operating conditions given in Regulation
III/7(1) the followingoperatingconditions shall also be considered:
(e) operatingcondition (b), (c) or (d), whichever produces the lowest
values of the stability parameters contained in the stability criterialisted in Regulation 2, shall be calculated including allowance for iceaccretion in accordance with the provisions of Regulation III/8;
(f) for purse seiners: departure from the fishingg rounds with the fishing
gear, no catch and 30 % stores, fuel, etc., including allowance for iceaccretion in accordance with the provisions of Regulation III/8.
4.Regulation III/8 (Ice accretion)
The specific requirements of Regulation III/8 and the specific guidance
given in Recommendation 2 by the Torremolinos conference shall beapplied within the region concerned, i.e. also outside the boundariesshown in the chart accompanyingthe said Recommendation.
Notwithstandingthe provisions of Reg ulation III/8(1)(a) and (b) the
followingicingallowance shall be made in the stability calculations forvessels operatingin the area north of latitude 63 °N, between longitude
28°W and longitude 11 °W:
(a) 40 kilograms per square metre on exposed weather decks and gang-
ways;
(b) 10 kilograms per square metre for projected lateral area of each side
of the vessel above the water plane.
5.Regulations VII/5(2)(b) and (3)(b) (Number and types of survival craft
and rescue boats)
Notwithstandingthe provisions of Reg ulation VII/5 (2)(b), (3)(b), and
(3a), for fishingvessels whose hull is built to comply with the rules of arecognised organisation for operation in waters with heavy drift iceconcentration in compliance with Regulation II/1/2 of the Annex to theTorremolinos Protocol, the rescue boat/lifeboat required in (2)(b), (3)(b)or (3a)(b) shall at least be partially covered (as defined in RegulationVII/18) and shall have sufficient capacity to accommodate all persons onboard.
6.Regulation VII/9 (Immersion suits and thermal protective aids)
Notwithstandingthe provisions of Reg ulation VII/9 an approved immer-
sion suit, of an appropriate size, complyingwith the provisions ofRegulation VII/25, including the measures applied to that Regulation andlisted in this Annex under item 1.8, shall be provided for every person onboard.
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7.Regulation VII/14 (radar transponder)
In addition to the provisions of Chapter VII, Part B, every lifeboat,
rescue boat and life-raft shall permanently be equipped with an approvedradar transponder capable of operatingin the 9 GHz band.
8.Regulation VII/25 (Immersion suits)
Notwithstandingthe provisions of Reg ulation VII/25 all immersion suits
required under item 1.6 of this Annex shall, as a single unit, be made ofmaterial with inherent insulation and shall also comply with the buoy-ancy requirements of Regulation VII/24(1)(c)(i). All other relevantrequirements of Regulation VII/25 shall also be complied with.
9.Regulation X/3(7) (Radar installations)
Notwithstandingthe provisions of Reg ulation X/3(7), every vessel of
24 metres in length and over shall be fitted with a radar installation to thesatisfaction of the administration. This radar installation shall be capableof operatingin the 9 GHz band.
10.Regulation X/5 (Signalling equipment)
In addition to the provisions of Regulation X/5, every vessel shall, when
operatingin waters where drift ice may occur, be fitted with at least onesearchlight with a lighting capacity of at least 1 lux, measured at adistance of 750 metres.
B.‘Southern' regional provisions
1.Areas of application
The Mediterranean sea and the coastal areas, within 20 miles from the
coast of Spain and Portugal, of the summer zone of the Atlantic Ocean,as defined on the ‘Chart of zones and seasonal areas'in Annex II to the1996 International Convention on Load Lines (
1), as amended.
2.Regulation VII/9(1) (Immersion suits)
Taking into consideration the provisions of paragraph 4 of Regulation
VII/9, add at the end of paragraph 1 the following sentence:
‘For vessels of less than 45 metres in length the number of immersion
suits need not be greater than two.'
3.Regulation IX/1 (Radio communications)
Add a new paragraph 1a as follows:‘This chapter shall also apply to new vessels of 24 metres in length and
over, provided that the area in which they operate is supported appro-priately by a coast station operatingin accordance with IMO masterplan.'
(1) International Convention on Load Lines, 1966, adopted on 5 April 1966 by the Inter-
national Conference on Load Lines, held in London upon the invitation of the Inter-governmental Maritime Consultative Organisation.
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NORTHERN REGION

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ANNEXIV
Specific safety requirements (Article 3(4))
CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND
EQUIPMENT
Add followingnew Reg ulations:
‘Regulation 16: Working decks within an enclosed superstructure
1. Such decks shall be fitted with an efficient drainage system having an
appropriate drainage capacity to dispose of washing water and fish guts.
2. All openings necessary for fishing operations shall be provided with means
for quick and efficient closure by one person.
3. Where the catch is brought on to such decks for handling or processing,
the catch shall be placed in a pound. Such pounds shall comply withRegulation 11 of Chapter III. An efficient drainage system shall be fitted.Adequate protection against inadvertent influx of water to the workingdeck shall be provided.
4. At least two exits from such decks shall be provided.5. The clear headroom in the workingspace shall at all points be not less
than two metres.
6. A fixed ventilation system providingat least six chang es of air per hour
shall be provided.
Regulation 17: Draught marks
1. All ships shall be provided with draught marks in decimetres on the stem
and the stern on both sides.
2. Such marks shall be placed as close as practicable to the perpendiculars.
Regulation 18: Tanks for fish in refrigerated (RSW) or chill.ed (CSW)
sea water
1. If RSW- or CSW-tanks or similar tank systems are used, such tanks shall
be provided with a separate, permanently fitted arrangement for the fillingand emptyingof seawater.
2. If such tanks are to be used also for carryingdry carg o, the tanks shall be
arranged with a bilge system and provided with adequate means to avoidingress of water from the bilge system into the tanks.'
CHAPTER III: STABILITY AND ASSOCIATED SEAWORTHINESS
Regulation 9: Inclining test
Add followingnew parag raph 4:
‘4. The incliningtest and determination of conditions required by Reg ulation
III/9(1) shall be performed at least every 10 years.'
CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS
AND PERIODICALLY UNATTENDED MACHINERYSPACES
Regulation 13: Steering gear
Add followingtext to parag raph 10:
‘If this power source is electrical, the emergency source of electrical power
shall be capable of servingthe auxiliary means for activatingthe rudder for aperiod of at least 10 minutes.'
Regulation 16: Main source of electrical power
Add followingparag raph 3:
‘3. Navigation lights, if solely electrical, shall be supplied through their own
separate switchboard and adequate means for the monitoringof such lig htsshall be provided.'
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Regulation 17: Emergency source of electrical power
Notwithstanding paragraph 2, for vessels of a length of 45 metres and over, the
emergency source of electrical power shall be capable of serving the installationslisted in that Regulation for a period of not less than eight hours.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE
EXTINCTION AND FIRE FIGHTING
Regulation 22: Fire-extinguishing appliances in machinery spaces
Notwithstandingthe provisions of this Reg ulation, all machinery spaces of
category A shall be fitted with a fixed fire-extinguishing arrangement.
Regulation 40: Fire-extinguishing appliances in machinery spaces
Notwithstandingthe provisions of this Reg ulation, all machinery spaces of
category A shall be fitted with a fixed fire-extinguishing arrangement.
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ANNEXV
FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND RECORD
OF EQUIPMENT

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