1993L0075 — EN — 27.08.1996 — 001.001 — 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
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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 whichcontinue 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 reducethe resulting damage when such accidents occur; whereas to that endminimum requirements must be observed by vessels bound for orleaving a Community port;
Whereas better information could contribute to prevention and minimi-
zation of accidents; whereas better information will also enable therelevant 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, infor-
mation must be provided to the competent authorities about the natureand the location of the dangerous or polluting goods on board vessels;
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 orcir cumstance at sea posing a thr eat to theircoastline ortorelated interests, receive from the master of the vessel immediate infor-mation 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 MemberStates underinter national law;
Whereas the Solas and Marpol Conventions oblige vessels to inform the
othervessels and the coastal author ities of dangerforthe vessel itself,forothervessels and formar itime navigation, as well as of actual orprobable unpermitted or abnormal discharge of polluting goods;whereas it seems appropriate that the relevant authorities shall, asnecessary, broadcast the information made available to them;
Whereas each Member State should make the necessary arrangements
to use fully such information;
(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 coopera-
tion between authorities from all over the Community, shippers, opera-tors of vessels, masters and pilots;
Whereas the implementation of the Directive may require some amend-
ments 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 aCommunity port and carrying dangerous or polluting goods in bulk orin packaged form, as well as shippers of such goods observe theminimum requirements 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 car go vessel, oil, chemical orgas tankeror
passengervessel bound fororleaving a Community por t andcarrying dangerous or polluting goods in bulk or in packaged form;
(c) ‘dangerous goods' means goods classified in the IMDG Code, in
Chapter17 of the IBC Code and in Chapter19 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 ►
M1in
force on 1 January 1996 ◄;
(f) ‘IMDG Code' means the International Maritime Dangerous Goods
Code, as it is ►M1in force on 1 January 1996 ◄;
(g) ‘IBC Code' means the IMO International Code for construction and
equipment of ships carrying dangerous chemicals in bulk, as it is►
M1in force on 1 January 1996 ◄;
(h) ‘IGC Code' means the IMO International Code for the construction
and equipment of ships carrying liquefied gases in bulk, as it is►
M1in force on 1 January 1996 ◄;
(i) ‘IMO Resolution A 648 (16)' means the International Maritime
Organization Resolution 648 (16) adopted by the Assembly at itssixteenth session on 19 October 1989 and entitled ‘General princi-ples for ship reporting systems and ship reporting requirements,
(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).
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including guidelines for reporting incidents involving dangerousgoods, harmful substances and/or marine pollutants',as it is in forceat the time of adoption of this Directive;
(j) ‘competent authorities' are the authorities and organizations desig-
nated by Member States in accordance with Article 3;
(k) ‘shipper' means any person by whom or in whose name or on
whose behalf a contract of carriage of goods by sea has beenconcluded with a carrier.
Article 3
MemberStates shall designate, and infor m 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
theircommunication links designated by MemberStates.
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 themaster or operator containing the correct technical names of thedangerous or polluting goods, the United Nations (UN) numbers wherethey exist, the IMO hazard classes in accordance with the IMDG, IBCand IGC Codes, the quantities of such goods and, if in portable tanks orfreight containers, their identification marks.
It shall be the duty of the shipperto deliverto the masteroroper atorthe
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 tothe competent authority of that Member State.
3. The operator of a vessel coming from a port located outside the
Community and bound fora por t located in the Community orananchorage located in a Member State’s territorial waters shall, as acondition 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. MemberStates may exempt r egularscheduled ser vices of less than
one hour’s crossing time from the application of paragraphs 2 and 3.The Commission 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.
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 provideimmediate information to the competent authority of the Member State
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concerned as to the particulars of the incident and the information in
Annex I.
The competent authority may consider that the obligation to report the
information in Annex I is satisfied if the vessel indicates whichcompetent authority within the Community is holding the informationrequired by Article 5.
2. The notification provided for in paragraph 1 shall be effected in
accordance with IMO Resolution A 648 (16) and shall be made at leastin all circumstances set out in that Resolution.
3. Annex III sets out what measures are available to Member States
underinter national law.
Article 7
Articles 5 and 6 shall be without prejudice to existing requirements
imposed as a result of international conventions or national port noti-fication 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 itavailable 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 ofthe vessel.
Article 9
The competent authority of the Member State concerned shall, as neces-
sary, broadcast within the relevant areas any incident notified underArticle 6 (1) and information with regard to any vessel which poses athreat to other shipping.
Article 10
The competent authorities holding the information as notified in accord-
ance with Articles 5 and 6 (1) shall make adequate arrangements toprovide such information at any time upon request for safety reasons bythe competent author ity of anotherMemberState.
Any MemberState the competent author ities of which have been
informed, in accordance with this Directive or in some other way, offacts which involve orincr ease the r isk foranotherMemberState of ahazard being posed to certain maritime and coastal zones, shall takewhatever measures are appropriate to inform the Member Stateconcerned 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 theevent of an incident which may cause very serious damage.
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 (e), (f), (g), (h) and (i),
— adapt the implementation of this Directive in the light of scientific
and technical progress, without broadening its scope.
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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 Treatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMemberStates within the committee shall be weighted in the mannerset out 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, orif no opinion is deliver ed, the Commissionshall, without delay, submit to the Council a proposal relating tothe 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 theimplementation 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 covervessels transiting along the coasts of Member States and include elec-tronic data interchange systems between vessels and shore-based instal-lations.
Article 14
1. Member States shall adopt the laws, regulations and administrative
provisions necessary to comply with this Directive no later than 12months after adoption of this Directive. They shall forthwith inform theCommission thereof.
2. When MemberStates adopt these measur es, they shall contain a
reference to this Directive or shall be accompanied by such reference onthe occasion of theirofficial publication. The methods of making such areference shall be laid down by Member States.
3. The obligations deriving from this Directive shall take effect 24
months afteradoption of this Dir ective.
4. MemberStates shall communicate to the Commission, no later
than 12 months afterthe adoption of this Dir ective, the texts of the basicprovisions of national law which they adopt in the field governed bythis Directive.
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.
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ANNEX I
Information on vessels carrying dangerous or polluting goods
(Article 5)
1. Name and call sign of the vessel2. Nationality of the vessel3. Length and draught of the vessel4. 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 route8. The correcti technical names of the dangerous or polluting goods, the United
Nations (UN) numbers where they exist, the IMO hazard classes in accord-ance with the IMDG, IBC and IGC Codes, the quantities of such goods andtheir location on board and, if in portable tanks or freight containers, theiridentification marks.
9. Confirmation that a list or manifest or appropriate loading plan giving details
of the dangerous or polluting goods carries and of their location on the vesselis on board.
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ANNEX II
CHECK LIST FOR VESSELS
(Article 6 (3), Article 8 and Annex III)

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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 thisDirective, the competent authority of the Member State concerned considers, inthe 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, thesafety of other ships, the safety of crews, passengers or people ashore or toprotect the marine environment such authority may, in particular:
— restrict the movement of the vessel or direct it to follow a certain course.
This requirement shall not override the master’s responsibility for the safeconduct 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 orappropriate loading plan referred to under paragraph 9 of Annex I is avail-able on board.
(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 otherthan oil, 1973, Ar ticles I and II.