1993L0075 — EN — 02.11.1998 — 004.001 — 1
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►B COUNCIL DIRECTIVE 93/75/EEC
of 13September 1993
concerning minimum requirements for vessels bound for or leaving Community ports and carrying
dangerous or polluting goods
(OJ L 247, 5.10.1993, p. 19)
Amended by:
Official Journal
No page date
►M1Commission Directive 96/39/EC of 19 June 1996 L 196 7 7.8.1996
►M2►C1Commission Directive 97/34/EC of 6 June 1997 ◄ L 158 40 17.6.1997
►M3Council Directive 98/55/EC of 17 July 1998 L 215 65 1.8.1998
►M4Commission Directive 98/74/EC of 1 October 1998 L 276 7 13.10.1998
Corrected by:
►C1Corrigendum, OJ L 162, 19.6.1997, p. 56 (97/34/EC)
▼B
COUNCIL DIRECTIVE 93/75/EEC
of 13September 1993
concerning minimum requirements for vessels bound for or leaving
Community ports and carrying dangerous or polluting goods
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 84 (2) thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the volume of dangerous or polluting goods carried by sea has
been growing unabated, increasing the risk of serious accidents which
continue to occur;
Whereas it appears necessary to take all appropriate measures in order to
avoid conditions likely to cause accidents of this type and to reduce the
resulting damage when such accidents occur; whereas to that end
minimum requirements must be observed by vessels bound for orleaving a Community port;
Whereas better information could contribute to prevention and
minimization of accidents; whereas better information will also enablethe relevant authorities to take the necessary precautions with regard tovessels carrying dangerous or polluting goods bound for or leavingCommunity ports;
Whereas, in accordance with the Solas and Marpol Conventions,
information must be provided to the competent authorities about thenature and the location of the dangerous or polluting goods on boardvessels;
Whereas some regular scheduled services may be exempted from
providing such information;
Whereas, in order to reduce the accident risk, it is appropriate to stress
certain navigation rules;
Whereas IMO Resolution A 648 (16) ‘urges Member Governments to
ensure that ship reporting systems and reporting requirements comply asclosely as possible with the general principles specified in its Annex’;
Whereas to that end the competent authorities should, in case of an
incident or circumstance at sea posing a threat to their coastline or torelated interests, receive from the master of the vessel immediateinformation as regards the incident and the presence of dangerous orpolluting goods on board so as to permit those authorities to take allnecesary measures;
Whereas, in addition, this Directive recalls what measures are available
to Member States under international law;
Whereas the Solas and Marpol Conventions oblige vessels to inform the
other vessels and the coastal authorities of danger for the vessel itself,for other vessels and for maritime navigation, as well as of actual orprobable unpermitted or abnormal discharge of polluting goods; whereas
it seems appropriate that the relevant authorities shall, as necessary,
broadcast the information made available to them;
Whereas each Member State should make the necessary arrangements to
use fully such information;1993L0075 — EN — 02.11.1998 — 004.001 — 2
(1) OJ No C 147, 14. 6. 1989, p. 3.
OJ No C 294, 24. 11. 1990, p. 12.
(2) OJ C 175, 16. 7. 1990, p. 41.
OJ No C 255, 20. 8. 1993.
(3) OJ No C 329, 20. 12. 1989, p. 20.
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Whereas such exchange of information imposes an appropriate
cooperation between authorities from all over the Community, shippers,operators of vessels, masters and pilots;
Whereas the implementation of the Directive may require some
amendments which will be adopted by the Commission assisted by acommittee or, in given circumtances, by the Council itself;
Whereas the Commission should produce new proposals to complete the
sytem laid down by this Directive;
Whereas this Directive repeals Council Directive 79/116/EEC of 21
December 1978 concerning minimum requirements for certain tankersentering or leaving Community ports(
1);
Whereas this Directive does not affect the right of Member States to
impose additional requirements in respect of vessels,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States take all necessary and appropriate measures to
ensure that the masters or operators of vessels bound for or leaving a
Community port and carrying dangerous or polluting goods in bulk or in
packaged form, as well as shippers of such goods observe the minimumrequirements addressed to them under this Directive.
2. This Directive shall not apply to:
(a) warships and other official ships used for non-commercial purposes;
(b) bunkers, stores and equipment for use on board ships.
Article 2
For the purpose of this Directive:
(a) ‘operators’ includes the owners, charterers, managers or agents of
the vessel;
(b) ‘vessel’ means any cargo vessel, oil, chemical or gas tanker or
passenger vessel bound for or leaving a Community port andcarrying dangerous or polluting goods in bulk or in packaged form;
(c) ‘dangerous goods’ means goods classified in the IMDG Code,
►
M3including radioactive materials as referred to in the INF
Code,◄in Chapter 17 of the IBC Code and in Chapter 19 of the
IGC Code;
(d) ‘polluting goods’ means:
— oils as defined in Marpol Annex 1,
— noxious liquid substances as defined in Marpol Annex 2,
— harmful substances as defined in Marpol Annex 3;
(e) ‘Marpol’ means the International Convention for the prevention of
pollution from ships, 1973 and its 1978 Protocol, as it is ►M4in
force on 1 January 1998 ◄;
(f) ‘IMDG Code’ means the International Maritime Dangerous Goods
Code, as it is ►M2in force on 1 January 1997 ◄;
(g) ‘IBC Code’ means the IMO International Code for construction and
equipment of ships carrying dangerous chemicals in bulk, as it is
►M4in force on 10 July 1998 ◄;
(h) ‘IGC Code’ means the IMO International Code for the construction
and equipment of ships carrying liquefied gases in bulk, as it is►
M4in force on 1 July 1998 ◄;1993L0075 — EN — 02.11.1998 — 004.001 — 3
(1) OJ No L 33, 8. 2. 1979, p. 33. Directive as amended by Directive 79/1034/
EEC (OJ No L 315, 11. 12. 1979, p. 16).
▼M3
(i) ‘INF Code’ means the IMO code for the safe carriage of irradiated
nuclear fuel, plutonium and high-level radioactive wastes in flaskson board ships, as it is in force on 1 January 1998;
(j) ‘IMO Resolution A.851(20)’ means the International Maritime
Organisation Resolution 851(20) adopted by the Assembly at its
20th session on 27 November 1997 and entitled ‘General principlesfor ship reporting systems and ship reporting requirements,including guidelines for reporting incidents involving dangerousgoods, harmful substances and/or marine pollutants’;
►
M3(k)◄‘competent authorities’ are the authorities and organiza-
tions designated by Member States in accordance with Article 3;
►M3(l)◄‘shipper’ means any person by whom or in whose name
or on whose behalf a contract of carriage of goods by sea has been
concluded with aca rrier.
Article 3
Member States shall designate, and inform the Commission of, the
competent authorities to which the information and notificationsprovided for in this Directive shall be addressed.
The Commission shall publish the list of the competent authorities and
their communication links designated by Member States.
Article 4
No dangerous or polluting goods shall be offered for carriage or taken
on board any vessel unless a declaration has been delivered to the masteror operator containing the correct technical names of the dangerous or
polluting goods, the United Nations (UN) numbers where they exist, the
IMO hazard classes in accordance with the IMDG, IBC and IGC Codes,the quantities of such goods and, if in portable tanks or freightcontainers, their identification marks.
It shall be the duty of the shipper to deliver to the master or operator the
declaration required by this Directive and to ensure that the shipmentoffered for carriage is indeed the one declared in compliance with thefirst subparagraph.
Article 5
1. Each Member State shall make the necessary arrangements to
apply the requirements set out in the following paragraph to any vessel.
2. The operator of a vessel leaving a port in a Member State shall
notify before departure of the vessel all information listed in Annex I to
the competent authority of that Member State.
3. The opera tor of avessel coming from aport loca ted outside the
Community and bound for a port located in the Community or an
anchorage located in a Member State's territorial waters shall, as a
condition for the entry into that port or anchorage, notify on departurefrom the loading port, all information listed in Annex I to the competentauthority of the Member State in which the first port of destination oranchorage is located.
4. Member States may exempt regular scheduled services of less than
one hour's crossing time from the application of paragraphs 2 and 3. TheCommission may, on request from a Member State, agree to areasonable extension of this period.
In this case, the information in Annex I must at all times be made
available by the operator upon request by the authorities of the MemberStates of departure or destination.1993L0075 — EN — 02.11.1998 — 004.001 — 4
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5. Vessels entering or leaving a port located in a Member State shall
in accordance with the national regulations of that State:
(a) make use of the service provided by the local vessel traffic service
(VTS), where they exist;
(b) make use of pilots.
Article 6
1. Each Member State shall require that, in the case of an incident or
circumstance at sea which poses a threat to its coastline or relatedinterest, the master of the vessel concerned shall at least provide
immediate information to the competent authority of the Member State
concerned as to the particulars of the incident and the information inAnnex I.
The competent authority may consider that the obligation to report the
information in Annex I is satisfied if the vessel indicates which
competent authority within the Community is holding the information
required by Article 5.
2. The notification provided for in paragraph 1 shall be effected in
accordance with ►
M4IMO Resolution A.851(20) ◄and shall be
made at least in all circumstances set out in that Resolution.
3. Annex III sets out what measures are available to Member States
under international law.
Article 7
Articles 5 and 6 shall be without prejudice to existing requirements
imposed as a result of international conventions or national port
notification arrangements.
Article 8
1. The master of the vessels shall complete truly and accurately a
check list as reproduced in Annex II to this Directive and make it
available to the pilot for his information and to the competent authority,
if it so requests.
2. Pilots engaged in berthing, unberthing or manoeuvring vessels
shall immediately inform the competent authority whenever they learnthat there are deficiencies which may prejudice the safe navigation of
the vessel.
Article 9
The competent authority of the Member State concerned shall, as
necessary, broadcast within the relevant areas any incident notifiedunder Article 6 (1) and information with regard to any vessel which
poses athrea t to other shipping.
Article 10
The competent authorities holding the information as notified in
accordance with Articles 5 and 6 (1) shall make adequate arrangementsto provide such information at any time upon request for safety reasons
by the competent authority of another Member State.
Any Member State the competent authorities of which have been
informed, in accordance with this Directive or in some other way, offacts which involve or increase the risk for another Member State of ahazard being posed to certain maritime and coastal zones, shall take
whatever measures are appropriate to inform the Member State
concerned thereof as soon as possible.
Each Member State shall make the necessary arrangements to use fully
the reports which the vessels are obliged to transmit to them in the eventof an incident which may cause very serious damage.1993L0075 — EN — 02.11.1998 — 004.001 — 5
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Article 11
This Directive may be amended in accordance with the procedure laid
down in Article 12 in order to:
— apply, for the purposes of this Directive, subsequent amendments
which have entered into force to the International Convention, Codes
and Resolution referred to in Article 2 ►M3(e), (f), (g), (h), (i) and
(j)◄,
— adapt the implementation of this Directive in the light of scientific
and technical progress, without broadening its scope,
— amend the Annexes to this Directive in line with the relevant
subsequent amendments to international conventions, codes andresolutions on safety at sea and the protection of the marineenvironment which have entered into force, without broadening itsscope.
Article 12
1. The Commission shall be assisted by a committee composed of
representatives of the Member States and chaired by the representativeof the Commission.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treaty in
the case of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the manner setout in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accorance with the opinion
of the committee, or if no opinion is delivered, the Commission
shall, without delay, submit to the Council a proposal relating to
the measures to be taken. The Council shall act by a qualifiedmajority.
If, on the expiry of eight weeks from the date of referral to the
Council, the Council has not acted, the proposed measures shallbe adopted by the Commission.
Article 13
1. The Commission shall submit a report to the Council by 31
December 1995, together with proposals as necessary, concerning the
implementation of this Directive.
2. The Commission shall also, as soon as possible and in any case by
31 December 1993, produce new proposals for the introduction of afuller reporting system for the Community. These proposals may cover
vessels transiting along the coasts of Member States and include
electronic data interchange systems between vessels and shore-basedinstallations.
Article 14
1. Member States shall adopt the laws, regulations and administrative
provisions necessary to comply with this Directive no later than 12
months after adoption of this Directive. They shall forthwith inform theCommission thereof.
2. When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference on1993L0075 — EN — 02.11.1998 — 004.001 — 6
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the occasion of their official publication. The methods of making such a
reference shall be laid down by Member States.
3. The obligations deriving from this Directive shall take effect 24
months after adoption of this Directive.
4. Member States shall communicate to the Commission, no later
than 12 months after the adoption of this Directive, the texts of the basicprovisions of national law which they adopt in the field governed by thisDirective.
In addition, these provisions shall be communicated via the national
warning and information services to the maritime sector.
Article 15
Directive 79/116/EEC shall be repealed 24 months after the adoption of
this Directive.
Article 16
This Directive is addressed to the Member States.1993L0075 — EN — 02.11.1998 — 004.001 — 7
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ANNEX I
Information on vessels carrying dangerous or polluting goods
(Article 5)
1. Name and call sign of the vessel and, where appropriate, its IMO
identification number
2. Nationality of the vessel
3. Length and draught of the vessel
4. Port of destination5. Estimated time of arrival at the port of destination or pilot station, as required
by competent authority
6. Estimated time of departure7. Intended route
8. The correct technical names of the dangerous or polluting goods, the United
Nations (UN) numbers where they exist, the IMO hazard classes in
accordance with the IMDG, IBC and IGC Codes and, where appropriate,
the class of the vessel as defined by the INF Code, the quantities of such
goods and their location on board and, if in portable tanks or freight
containers, their identification marks
9. Confirmation that a list or manifest or appropriate loading plan giving details
of the dangerous or polluting goods carried and of their location of the vessel
is on board
10. Number of crew on board1993L0075 — EN — 02.11.1998 — 004.001 — 8
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ANNEX II
CHECK LIST FOR VESSELS
(Article 6(3), Article 8 and Annex III)
1993L0075 — EN — 02.11.1998 — 004.001 — 9
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1993L0075 — EN — 02.11.1998 — 004.001 — 11
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ANNEX III
Measures available to Member States under international law
(Article 6 (3))
Where, following upon an incident or circumstance of the type described under
Article 6 (1) and (2) in regard to a vessel falling within the scope of this
Directive, the competent authority of the Member State concerned considers, in
the framework of international law(1), that it is necessary to prevent, mitigate or
eliminate a serious and imminent danger to its coastline or related interests, the
safety of other ships, the safety of crews, passengers or people ashore or to protect
the marine environment such authority may, in particular:
— restrict the movement of the vessel or direct it to follow acerta in course. This
requirement shall not override the master's responsibility for the safe conduct
of his vessel,
— request the master to provide the relevant information from the check list in
Annex II of this Directive and confirm that a copy of the list or manifest or
appropriate loading plan referred to under paragraph 9 of Annex I is available
on board.1993L0075 — EN — 02.11.1998 — 004.001 — 12
(1) — United Nations Convention on the Law of the Sea (Unclos) (1983, Article 221),
— International Convention relating to intervention on the high seas in cases of oil
pollution casualties, 1969, Articles I, II, III and V,
— Protocol relating to intervention on the high seas in cases of pollution by substances
other than oil, 1973, Articles I and II.