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"BCOUNCIL DIRECTIVE 93/75/EEC
of 13 September 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
"M1 Commission Directive 96/39/EC of 19 June 1996 L 196 7 7.8.1996
"M2 "C1Commission Directive 97/34/EC of 6 June 1997 3 L 158 40 17.6.1997
Corrected by:
"C1 Corrigendum, OJ L 162, 19.6.1997, p. 56 (97/34/EC)1993L0075 — EN — 07.07.1997 — 002.001 — 1
COUNCIL DIRECTIVE 93/75/EEC
of 13 September 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 Economic
Community, 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 or leaving
a Community port;
Whereas better information could contribute to prevention and
minimization of accidents; whereas better information will also enable
the relevant authorities to take the necessary precautions with regard to
vessels carrying dangerous or polluting goods bound for or leaving
Community ports;
Whereas, in accordance with the Solas and Marpol Conventions,
information must be provided to the competent authorities about the
nature and 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 as
closely 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 to
related interests, receive from the master of the vessel immediate
information as regards the incident and the presence of dangerous or
polluting 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, as necessary,
broadcast the information made available to them;!B
(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. 20.1993L0075 — EN — 07.07.1997 — 002.001 — 2
Whereas each Member State should make the necessary arrangements to
use fully such information;
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 a
committee 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 or
in packaged form, as well as shippers of such goods observe the
minimum 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 and
carrying dangerous or polluting goods in bulk or in packaged form;
(c) ‘dangerous goods’ means goods classified in the IMDG 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
"M1in
force on 1 January 1996 3;
(f) ‘IMDG Code’ means the International Maritime Dangerous Goods
Code, as it is "M2in force on 1 January 1997 3;
(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 3;!B
(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).1993L0075 — EN — 07.07.1997 — 002.001 — 3
(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 3;
(i) ‘IMO Resolution A 648 (16)’ means the International Maritime
Organization Resolution 648 (16) adopted by the Assembly at its
sixteenth session on 19 October 1989 and entitled ‘General
principles for ship reporting systems and ship reporting require-
ments, including guidelines for reporting incidents involving
dangerous goods, harmful substances and/or marine pollutants’, as
it is in force at the time of adoption of this Directive;
(j) ‘competent authorities’ are the authorities and organizations
designated 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 been concluded
with a carrier.
Article 3
Member States shall designate, and inform the Commission of, the
competent authorities to which the information and notifications
provided 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 master 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, IBC and IGC Codes,
the quantities of such goods and, if in portable tanks or 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 shipment
offered for carriage is indeed the one declared in compliance with 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 departure
from the loading port, all information listed in Annex I to the competent
authority of the Member State in which the first port of destination or
anchorage 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. The
Commission may, on request from a Member State, agree to 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 the Member
States of departure or destination.!B1993L0075 — EN — 07.07.1997 — 002.001 — 4
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 related
interest, 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 in
Annex 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 IMO Resolution A 648 (16) 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 learn that
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 notified under
Article 6 (1) and information with regard to any vessel which poses a
threat to other shipping.
Article 10
The competent authorities holding the information as notified in
accordance with Articles 5 and 6 (1) shall make adequate arrangements
to 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, of facts
which involve or increase the risk for another Member State of a hazard
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 event
of an incident which may cause very serious damage.!B1993L0075 — EN — 07.07.1997 — 002.001 — 5
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.
Article 12
1. The Commission shall be assisted by a committee composed of
representatives of the Member States and chaired by the representative of
the Commission.
2. The representative of the Commission shall submit to the committee
a draft of the measures to be taken. The committee shall deliver its
opinion on the draft within a time limit which the chairman may lay
down according to the urgency of the matter. The opinion shall be
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 the Member
States within the committee shall be weighted in the manner set 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, 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 qualified
majority.
If, on the expiry of eight weeks from the date of referral to the
Council, the Council has not acted, the proposed measures shall
be 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 a fuller
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-based installations.
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 the
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 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 basic
provisions of national law which they adopt in the field governed by this
Directive.!B1993L0075 — EN — 07.07.1997 — 002.001 — 6
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.!B1993L0075 — EN — 07.07.1997 — 002.001 — 7
ANNEX I
Information on vessels carrying dangerous or polluting goods
(Article 5)
1. Name and call sign of the vessel
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 departure
7. 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
accordance with the IMDG, IBC and IGC Codes, the quantities of such
goods and their location on board and, if in portable tanks or freightcontainers, their identification 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 vessel
is on board.!
B1993L0075 — EN — 07.07.1997 — 002.001 — 8
ANNEX II
CHECK LIST FOR VESSELS
(Article 6 (3), Article 8 and Annex III)
!B1993L0075 — EN — 07.07.1997 — 002.001 — 9
!B1993L0075 — EN — 07.07.1997 — 002.001 — 10
!B1993L0075 — EN — 07.07.1997 — 002.001 — 11
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, thesafety 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 orappropriate loading plan referred to under paragraph 9 of Annex I is availableon board.!
B
(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.1993L0075 — EN — 07.07.1997 — 002.001 — 12