1993L0075 — EN — 29.11.2002 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE93/75/EEC
of13September1993
concerning minimum requirements for vessels bound for or leaving Community ports and
carrying dangerousorpollutinggoods
(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
►M5Directive 2002/84/EC of the European Parliament and of the Council of
5 November 2002L 324 53 29.11.2002
Corrected by:
►C1Corrigendum, OJ L 162, 19.6.1997, p. 56 (97/34/EC)
▼B
COUNCILDIRECTIVE93/75/EEC
of13September1993
concerningminimumrequirementsforvesselsboundfororleaving
Communityportsandcarryingdangerousorpollutinggoods
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 reducethe resulting damage when such accidents occur; whereas to that endminimum requirements must be observed by vessels bound for or
leaving 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 leaving
Community 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 suchinformation;
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 complyas closely as possible withth e 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 immediate infor-mation as regards the incident and the presence of dangerous orpolluting goods on board so as to permit those authorities to take all
necesary 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
or probable 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 suchinformation;1993L0075 — EN — 29.11.2002 — 005.001 — 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.
▼B
Whereas such exchange of information imposes an appropriate coop-
eration between authorities from all over the Community, shippers,operators 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 tankers
entering 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 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 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 73/78’ means the International Convention for the Preven-
tion of Pollution from Ships, 1973, as amended by the Protocol of1978 relating thereto, in their up-to-date versions;
(f) ‘IMDG Code’ means the International Maritime Dangerous Goods
Code, in its up-to-date version;
(g) ‘IBC Code’ means the IMO International Code for construction and
equipment of ships carrying dangerous chemicals in bulk, in its up-to-date version;
(h) ‘IGC Code’ means the IMO International Code for the construction
and equipment of ships carrying liquefied gases in bulk, in its up-to-date version;1993L0075 — EN — 29.11.2002 — 005.001 — 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).▼M5
▼M5
(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, in its up-to-date version;
(j) ‘IMO Resolution A.851(20)’ means the International Maritime
Organisation Resolution 851(20) adopted by the Assembly at its
20thsession 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 withArticle 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 witha carrier.
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 themaster or 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, IBCand IGC Codes, the quantities of such goods and, if in portable tanksor freight containers, 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 ship-ment offered for carriage is indeed the one declared in compliancewith the first 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 operator of a vessel coming from a port located 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 compe-tent authority of the Member State in which the first port of destinationor anchorage is located.
4. Member States may exempt regular scheduled services of less
than one hour's crossing time from the application of paragraphs 2and 3. The Commission may, on request from a Member State, agreeto a reasonable 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 theMember States of departure or destination.1993L0075 — EN — 29.11.2002 — 005.001 — 4
▼M4
▼B
▼B
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 compe-
tent 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 notifi-
cation 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 withregard to any vessel wh ich
poses a threat to other shipping.
Article 10
The competent authorities holding the information as notified in accor-
dance withArticles 5 and 6 (1) sh all make adequate arrangements toprovide suchinformation 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 theevent of an incident which may cause very serious damage.1993L0075 — EN — 29.11.2002 — 005.001 — 5
▼B
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 subse-
quent amendments to international conventions, codes and
resolutions on safety at sea and the protection of the marine envir-onment which have entered into force, without broadening itsscope.
The amendments to the international instruments referred to in Article
2 may be excluded from the scope of this Directive, pursuant to Article
5 of Regulation (EC) No 2099/2002 of the European Parliament and of
the Council of 5 November 2002 establishing a Committee on SafeSeas and the Prevention of Pollution from Ships (COSS)(
1).
Article 12
1. The Commission shall be assisted by the Committee on Safe Seas
and the Prevention of Pollution from Ships (COSS) created by Article3 of Regulation (EC) No 2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Council Decision 1999/468/EC of 28 June 1999 laying down the proce-dures for the exercise of implementing powers conferred on theCommission(
2) shall apply, having regard to the provisions of Article
8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at two months.
3. The Committee shall adopt its rules of procedure.
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 ofa fuller reporting system for the Community. These proposals maycover vessels transiting along the coasts of Member States and includeelectronic data interchange systems between vessels and shore-based
installations.
Article 14
1. Member States shall adopt the laws, regulations and administra-
tive provisions necessary to comply with this Directive no later than
12 months after adoption of this Directive. They shall forthwith informthe Commission thereof.
2. When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference
on the occasion of their official publication. The methods of makingsucha reference sh all be laid down by Member States.1993L0075 — EN — 29.11.2002 — 005.001 — 6
(1) OJ L 324, 29.11.2002, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.▼M3
▼M5
▼B
▼B
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
basic provisions of national law which they adopt in the field governedby this 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.1993L0075 — EN — 29.11.2002 — 005.001 — 7
▼M3
ANNEX I
Informationonvesselscarrying dangerousorpollutinggoods
(Article 5)
1. Name and call sign of the vessel and, where appropriate, its IMO identifica-
tion 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 accor-
dance 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 — 29.11.2002 — 005.001 — 8
▼M3
ANNEX II
CHECKLISTFORVESSELS
(Article 6(3),Article 8andAnnexIII)
1993L0075 — EN — 29.11.2002 — 005.001 — 9
▼M3
1993L0075 — EN — 29.11.2002 — 005.001 — 10
▼M3
1993L0075 — EN — 29.11.2002 — 005.001 — 11
▼B
ANNEX III
MeasuresavailabletoMember Statesunderinternationallaw
(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 Direc-
tive, 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 a certain 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 paragraph9 of Annex I is avail-
able on board.1993L0075 — EN — 29.11.2002 — 005.001 — 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.