1997L0070 — EN — 17.05.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE97/70/EC
of11December 1997
settingupaharmonisedsafetyregime forfishingvesselsof24metres inlengthandover
(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
►M2Commission Directive 2002/35/EC of 25 April 2002 L 112 21 27.4.2002
▼B
COUNCILDIRECTIVE97/70/EC
of11December 1997
setting up a harmonised safety regime for fishing vessels of
24metresinlengthandover
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 84(2) thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
Acting in 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 relating to the TorremolinosInternational Convention for the Safety of Fishing Vessels 1977,hereinafter referred to as the ‘Torremolinos Protocol’ wasadopted on 2 April 1993;
(3)Whereas the enforcement of this Protocol at Community levelfor fishing vessels flying the flag of a Member State or operatingin the internal waters or territorial sea of a Member State or
landing their catch in a port of a Member State will enhance
the safety of such fishing vessels as various national legislationsdo not yet require the safety level established by the Protocol;whereas such a common safety level will, by harmonising thedifferent and varying national safety requirements, ensure that
competition will take place on an equal level for fishing vessels
operating in the same area without compromising safety stan-dards;
(4)Whereas, in view, in particular, of the internal market dimen-sion, action at Community level is the most effective way toestablish a common safety level for fishing vessels throughoutthe Community;
(5)Whereas a Council Directive is the appropriate legal instrumentas it provides a framework for a uniform and compulsory appli-cation of the safety standards by Member States, while leavingto each Member State the choice of form and methods, thatbest fit its internal system;
(6)Whereas several important chapters of the Torremolinos Protocolapply only to fishing vessels of 45 metres in length and over;
whereas limiting the application of the Protocol at Community
level only to such vessels would create a safety gapbetweenthe latter and smaller fishing vessels between 24 and 45 metresin length, 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 afishing vessel of 24 metres in length 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 shall
endeavour to establish uniform standards for these fishingvessels operating in the same region;1997L0070 — EN — 17.05.2002 — 002.001 — 2
(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 November 1997 (OJ C
358, 24.11.1997).
▼B
(8)Whereas, in order to enhance safety and to avoid distortions of
competition, the aim must be pursued of applying the safety
rules of this Directive to all fishing vessels of 24 metres inlength and over, operating in the fishing zones of the Commu-nity, irrespective of the flag they fly; whereas this must beachieved, for fishing vessels flying the flag of third States oper-ating in the internal waters or territorial sea of a Member State
or landing their catch in a port of a Member State, in accordance
with the general rules of international law;
(9)Whereas the relevant provisions of Council Directives adoptedunder the social policy of the Community must continue toapply;
(10)Whereas Member States should, for all those reasons, apply tonew and, where required, to existing fishing vessels of 45 metresin length and over the provisions of the Annex to the Torremo-linos Protocol, taking account of the relevant provisions listed inAnnex I to this Directive; whereas Member States should also
apply the provisions of Chapters IV, V, VII and IX of the Annex
to the Torremolinos Protocol, as adapted by Annex II to thisDirective, to all new vessels of 24 metres in length and overbut less than 45 metres flying their flag;
(11)Whereas specific requirements, as set out in Annex III, can bejustified for reasons relating to specific regional circumstances,such as geographical and climatic conditions; whereas such
provisions have been developed for operation in the northern
and southern zones, respectively;
(12)Whereas, in order to further increase the level of safety, vesselsflying the flag of a Member State should comply with thespecific requirements set out in Annex IV;
(13)Whereas fishing vessels flying the flag of 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,and therefore compete with vessels flying the flag of a MemberState, unless their flag State has certified that they comply with
the technical provisions laid down in this Directive;
(14)Whereas equipment complying with the requirements of CouncilDirective 96/98/EC of 20 December 1996 on marine equip-
ment(
1), when installed on board fishing vessels should be
automatically recognised to be in conformity with the specificprovisions imposed on such equipment in this Directive, sincethe requirements of Directive 96/98/EC are at least equivalent
to those of the Torremolinos Protocol and this Directive;
(15)Whereas Member States could encounter local circumstanceswhich justify the application of specific safety measures to all
fishing vessels operating in certain areas; whereas they mayalso consider it appropriate to adopt exemptions from, or equiva-lent requirements to, the provisions of the Annex to theTorremolinos Protocol; whereas they should be entitled to adoptsuch measures subject to control under the Committee proce-
dure;
(16)Whereas at present there are no uniform international technicalstandards for fishing vessels as regards their hull strength, main
and auxiliary machinery and electrical and automatic plants;whereas such standards may be fixed according to 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 fishing vesselswhich comply with the specific requirements of this Directive;
(18)Whereas, in order to ensure full application of this Directive, andin accordance with the procedure established in Article 4 of the1997L0070 — EN — 17.05.2002 — 002.001 — 3
(1) OJ L 46, 17.2.1997, p. 25.
▼B
Torremolinos Protocol, fishing vessels should be subject to port
State control; whereas a Member State may undertake controlsalso on board fishing vessels of third countries which are not
operating in the internal waters or territorial sea of a Member
State nor landing their 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 set
upin Article 12 of Council Directive 93/75/EEC of 13
September 1993 concerning minimum requirements for vesselsbound for or leaving Community ports and carrying dangerousor polluting goods(
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 interna-tional 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 forbreaching the national provisions adopted pursuant to this Direc-tive,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Purpose
1. The purpose of this Directive is to lay down safety standards for
seagoing fishing vessels of 24 metres in length and over, both new, and
existing, in so far as the Annex to the Torremolinos Protocol applies to
the latter, and
— flying the flag of a Member State and registered in the Community,
or
— operating in the internal waters or territorial sea of a Member State,
or
— landing their 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 concerning the minimum health and
safety requirements for work on board fishing vessels (13th individual
Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(
3).1997L0070 — EN — 17.05.2002 — 002.001 — 4
(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.
▼B
Article 2
Definitions
For the purpose of this Directive:
1. ‘fishing vessel’ or ‘vessel’ means any vessel equipped or used
commercially for catching fish or other living resources of the sea;
2. ‘new fishing vessel’ means a fishing vessel for which:
(a) on or after 1 January 1999 the building or major conversion
contract is placed; or
(b) the building or 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 building contract, on or after 1 January 1999:
— the keel is laid, or
— construction identifiable with a specific ship begins, or
— assembly has commenced comprising at least 50 tonnes or
1 % of the estimated mass of all structural material, which-ever is less;
3. ‘existing fishing vessel’ means a fishing vessel which is not a new
fishing vessel;
4. ‘Torremolinos Protocol’ means the Torremolinos Protocol relating to
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
the keel line, or the length from the foreside of the stem to the axisof the 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 catching or catching and processing fish or other
living resources of the sea without prejudice to the right of innocent
passage in the territorial sea and the freedom of navigation in the
200 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 shipinsp ectionand 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 fishing vessels concernedflying their flag, unless Annex I to this Directive provides otherwise.
Unless provided otherwise in this Directive, existing fishing vessels
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 tonew fishing vessels of 24 metres in length and over, flying their flag,unless Annex II to this Directive provides otherwise.
3. However, Member States shall ensure that vessels flying their flag
operating in specific areas shall comply with the provisions for therelevant areas, as defined in Annex III.1997L0070 — EN — 17.05.2002 — 002.001 — 5
(1) OJ L 319, 12.12.1994, p. 20.
▼B
4. Member States shall ensure that vessels flying their flag shall
comply with the specific safety requirements laid down in Annex IV.
5. Member States shall prohibit fishing vessels flying the flag of a
third country from operating in their internal waters or territorial seaor landing their catch in their ports unless they are certified by theirflag State administration to comply with the requirements referred toin paragraphs 1, 2, 3 and 4 and in Article 5.
6. Marine equipment listed in Annex A.1 to Directive 96/98/EC and
complying with the requirements of the latter, when placed on board afishing vessel 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 be
approved and subjected to tests to the satisfaction of the administrationof the flag State.
Article 4
Specificrequirements, exemptionsandequivalents
1. If a Member State or a groupof Member States considers that
certain situations due to specific local circumstances or the vessel'sparticulars require specific safety measures for fishing vessels operating
in 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 natureand climatic conditions of the waters these vessels operate in, thelength of their journeys, or their particulars, such as their constructionmaterial.
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, for
adopting measures containing exemptions, subject to the procedure
laid down in paragraph 4 of this Article.
3. Member States may adopt measures allowing equivalents in
accordance with Regulation 4, paragraph 1 of Chapter 1 of the Annex
to the Torremolinos Protocol, subject to the procedure laid down in
paragraph 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, including particulars 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 maybe required 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 shall
inform the other Member States of all particulars thereof.
(d) Any of such measures shall be applied to all fishing vessels when
operating under the same specified conditions, without discrimina-
tion with regard to their flag or to the nationality of their operator.
(e) The measures referred to in paragraph 2 shall only apply as long as
the fishing vessel operates under the specified conditions.
Article 5
Standardsfordesign,constructionandmaintenance
The standards for the design, construction and maintenance of hull,
main and auxiliary machinery, electrical and automatic plants of afishing vessel shall be the rules in force at the date of its construction,specified for classification by a recognised organisation or used by anadministration.1997L0070 — EN — 17.05.2002 — 002.001 — 6
▼B
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
Surveysandcertificates
1. Member States shall issue to fishing vessels flying their flag and
complying with 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 compli-
ance, record of equipment and exemption certificate shall have aformat as laid down in Annex V. The certificates shall be issued bythe administration of the flag State or by a recognised organisationacting on its behalf after an initial survey, carried out by the exclusivesurveyors either of the administration of the flag State itself or of a
recognised organisation or of the Member State authorised by the flag
State to carry out surveys, in accordance with Regulation 6, paragraph(1)(a) of Chapter 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
Controlprovisions
1. Fishing vessels operating in the internal waters or territorial sea of
a Member State or landing their catch in its ports and not being fishingvessels flying the flag of that Member State shall be subject to control
by the Member State, in accordance with Article 4 of the Torremolinos
Protocol and without discrimination with regard to flag or nationalityof the operator, in order to verify that they comply with this Directive.
2. Fishing vessels, which are not operating in the internal waters or
territorial sea of a Member State nor landing their catch in the ports of
a Member State and flying the flag of another Member State, shall besubject to control by the Member State, when in its ports, in accor-dance with Article 4 of the Torremolinos Protocol and withoutdiscrimination with regard to flag or nationality of the operator, in
order to verify that they comply with this Directive.
3. Fishing vessels flying the flag of a third State, which are not
operating in the internal waters or territorial sea of a Member Statenor landing their catch in the ports of a Member State, shall be subject
to control by the Member State, when in its ports, in accordance with
Article 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 discretionof the administrations of individual contracting parties, as far
as necessary to ensure their consistent implementation in the
Community,
— the implementation of this Directive without broadening its
scope.
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 this1997L0070 — EN — 17.05.2002 — 002.001 — 7
▼B
Directive, subsequent amendments to the Torremolinos Protocol
which 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 following procedure
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 its opinion on the draft within a time limit which thechairman may lay down according to the urgency of the matter.The opinion shall be delivered by the majority laid down in Article148(2) of the Treaty in the case of decisions which the Council isrequired 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. Thechairman 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 relating to 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 be
adopted by the Commission.
Article 10
Notification toIMO
The Presidency of the Council and the Commission shall inform the
IMO of the adoption of this Directive, whereby reference shall bemade to Article 3(5) of the Torremolinos Protocol.
Article 11
Penalties
Member States shall lay down the system of penalties for breaching the
national provisions adopted pursuant to this Directive and shall take all
the 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 bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive
before 1 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 making such areference shall be laid down by Member States.
2. Member States shall immediately communicate to the Commis-
sion all provisions of domestic law which they adopt in the fieldgoverned by this Directive. The Commission shall inform the otherMember States thereof.1997L0070 — EN — 17.05.2002 — 002.001 — 8
▼B
Article 13
Entryintoforce
This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Communities .
Article 14
Addressees
This Directive is addressed to the Member States.1997L0070 — EN — 17.05.2002 — 002.001 — 9
▼M2
ANNEX I
Adaptation of provisions of the Annex to the Torremolinos Protocol for
applicationofArticle 3(1)ofDirective 97/70/EC
For the purpose of this Annex:1. ‘New fishing vessel built on or after 1 January 2003’ means a new fishing
vessel for which:
(a) on or after 1 January 2003 the building or major conversion contract is
placed; or
(b) the building or major conversion contract has been placed before 1
January 2003, and which is delivered three years or more after that
date; or
(c) in the absence of a building contract, on or after 1 January 2003:
— the keel is laid, or
— construction identifiable with a specific ship begins, or
— assembly has commenced comprising at least 50 tonnes or 1 % of the
estimated mass of all structural material, whichever is less.
PART A
Adaptations applicable to all fishing vessels to which the Directive applies,
excepttonewfishingvesselsbuiltonorafter1January2003
CHAPTER I: GENERALPROVISIONS
Regulation 2: Definitions
Paragraph (1) ‘New vessel’ has to be replaced by the definition of ‘new fishing
vessel’ contained in Article 2 to this Directive.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINC-
TIONANDFIREFIGHTING
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
drawn through the following internal furnace temperature points:
— initial internal furnace temperature: 20 ºC
— at the end of the first five minutes: 576 ºC
— at the end of 10 minutes: 679 ºC— at the end of 15 minutes: 738 ºC
— at the end of 30 minutes: 841 ºC
— at the end of 60 minutes: 945 ºC’
CHAPTER VII: LIFE-SAVINGAPPLIANCESANDARRANGEMENTS
Regulation 1: Application
Paragraph (2) to be read as follows: ‘Regulations 13 and 14 shall also apply to
existing vessels of 45 metres in length and over, provided that the administration
may defer the implementation of the requirements of these regulations until 1
February 1999.’
Regulation 13: Radiolife-savingappliances
Paragraph (2) to be read as follows: ‘Two-way VHF radiotelephone apparatus
provided on board existing vessels and not complying with the performance
standards adopted by the organisation may be accepted by the administration
until 1 February 1999, provided that the administration is satisfied that they are
compatible with approved two-way VHF radiotelephone apparatus.’1997L0070 — EN — 17.05.2002 — 002.001 — 10
▼M2
CHAPTER IX: RADIOCOMMUNICATIONS
Regulation 1: Application
Paragraph (1), second sentence, to be read as follows:
‘However, for existing vessels, the administration may defer the implemen-
tation 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.’
PART B
Adaptation applicable to new fishing vessels built on or after 1 January
2003
The existing text of the following regulations shall be read as follows:
CHAPTER I: GENERALPROVISIONS
Regulation 2: Definitions
Subparagraph (22)(a)(ii)
The bulkhead shall be located at a distance from the forward perpendicular: not
less than 0,05L and not more than 0,05L plus 1,35 m for vessels of less than
45 m in length.
Regulation 6: Surveys
Subparagraph (1)(c)
In addition to the periodical survey required in subparagraph (b)(i), intermediate
surveys with regard to the structure and machinery of the vessel at intervals of
two years plus/minus three months for vessels constructed of material other than
wood and at intervals specified by the Administration for vessels constructed of
wood. The surveys shall also be such as to ensure that alterations, which would
adversely affect the safety of the vessel or the crew, have not been made.
CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND
EQUIPMENT
Regulation 1: Construction
Paragraph (1)
Strength and construction of hull, superstructures, deckhouses, machinery
casings, companionways and any other structures and vessel's equipment shall
be sufficient to withstand all foreseeable conditions of the intended service and
shall be in accordance with the rules of a recognised organisation.
Regulation 2: Watertightdoors
Paragraph (1)
The number of openings in watertight bulkheads, as required by regulation 1(3),
shall be reduced to the minimum compatible with the general arrangements and
operational needs of the vessel; openings shall be fitted with watertight closing
appliances complying with the rules of a recognised organisation. Watertight
doors shall be of an equivalent strength to the adjacent unpierced structure.
Regulation 2: Watertightdoors
Subparagraph (3)(a)
In vessels of 45 m in length and over, watertight doors shall be of the sliding
type in:
spaces where it is intended to open them at sea and if located with their sills
below the deepest operating waterline, unless the Administration considers it to1997L0070 — EN — 17.05.2002 — 002.001 — 11
▼M2
be impracticable or unnecessary taking into account the type and operation of
the vessel.
Exemptions from this regulation allowed by a Member State shall be subject to
the procedure of Article 4 of this Directive.
Regulation 5: Hatchways
Paragraph (3)
Arrangements for securing wood hatchway covers weathertight shall be
provided in accordance with the standards as given in regulations 14 and 15 of
Annex I to the International Convention on Load Lines 1966(1).
Regulation 9: Ventilators
Paragraph (1)
In vessels of 45 m in length and over, the height above deck of ventilator coam-
ings, other than machinery space ventilator coamings, shall be at least 900 mm
on the working deck and at least 760 mm on the superstructure deck. In vessels
of less than 45 m in length the height of these coamings shall be 760 mm and
450 mm respectively. The height above deck of machinery space ventilator
openings, necessary to continuously supply the machinery space and, on
demand, immediately supply the generator room, in general shall be in compli-
ance with regulation II/9(3). However, where due to the ships size and
arrangements this is not practicable, lesser heights, but in all cases not less
than 900 mm above the working deck and the superstructure deck, may be
accepted with the provision of weathertight closing appliances in accordance
with regulation II/9(2) in combination with other suitable arrangements to
ensure an uninterrupted adequate supply of ventilation to the spaces.
Regulation 12: Sidescuttles
Paragraph (6)
The Administration may accept side scuttles and windows without deadlights in
side and aft bulkheads of deckhouses located on or above the working deck if
satisfied that the safety of the vessel will not be impaired, taking into account
the rules of recognised organisations based upon the relevant ISO standards.
Regulation 15: Anchorequipment
Anchor equipment designed for quick and safe operation shall be provided,
which shall consist of anchoring equipment, anchor chains or wire ropes, stop-
pers and a windlass or other arrangements for dropping and hoisting the anchor
and for holding the vessel at anchor in all foreseeable service conditions.
Vessels shall also be provided with adequate mooring equipment for safe
mooring in all operating conditions. Anchor and mooring equipment shall be in
accordance with the rules of a recognised organisation.
CHAPTER III: STABILITYANDASSOCIATEDSEAWORTHINESS
Regulation 1: General
Vessels shall be so designed and constructed that the requirements of this
chapter will be satisfied in the operating conditions referred to in regulation 7.
Calculations of the righting lever curves shall be carried out in accordance with
the IMO Code on Intact Stability for All Types of Ships(2).1997L0070 — EN — 17.05.2002 — 002.001 — 12
(1) The International Convention on Load Lines 1966, as established by the International
Conference on Load Lines on 5 April 1966 and adopted by the International MaritimeOrganisation by its Resolution A.133(V) on 25 October 1967.
(
2) The Code on Intact Stability for All Types of Ships Covered by IMO Instruments
adopted by the International Maritime Organisation by resolution A.749(18) on 4
November 1993, as amended by resolution MSC.75(69).
▼M2
Regulation 2: Stabilitycriteria
Paragraph (1)
The following minimum stability criteria shall be met unless the Administration
is satisfied that operating experience justifies departures therefrom. Any depar-
ture from the required minimum stability criteria, allowed by a Member State,
shall be subject to the procedure of Article 4 of this Directive(1).
Subparagraph (1)(d)
The initial metacentric height GM shall not be less than 350 mm for single deck
vessels. In vessels with complete superstructure the metacentric height may be
reduced to the satisfaction of the Administration but in no case shall be less
than 150 mm. Reduction of the required metacentric height, allowed by a
Member State, shall be subject to the procedure of Article 4 of this Directive.
Paragraph (3)
Where ballast is provided to ensure compliance with paragraph (1), its nature
and arrangements shall be to the satisfaction of the Administration. In vessels
with a length of less than 45 m, such ballast shall be permanent. Where ballast
is permanent, it shall be solid and fixed securely in the vessel. The Administra-
tion may accept liquid ballast, stored in completely filled tanks which are not
connected to any pumping system of the vessel. If liquid ballast is used as
permanent ballast to ensure compliance with paragraph (1), details shall be
included in the Certificate of Compliance and in the stability booklet.
Permanent ballast shall not be removed from the shipor relocated without the
approval of the Administration.
Regulation 4: Particular fishingmethods
Vessels engaged in particular fishing methods where additional external forces
are imposed on the vessel during fishing operations, shall meet the stability
criteria of regulation 2(1) increased, if necessary, to the satisfaction of the
Administration. Vessels engaged in beam trawling shall comply with the
following increased stability criteria:
(a) the criteria for the area's under the righting lever and for the righting levers
as given in regulation 2(1)(a) and (b) shall be increased by 20 %;
(b) the metacentric height shall not be less than 500 mm;
(c) the criteria as given under (a) shall be applicable only to vessels with an
installed propulsion power not exceeding the value in kilowatts as given in
the following formulas:
— N = 0,6 Ls2for vessels with a length of 35 m or less, and
— N = 0,7 Ls2for vessels with a length of 37 m and over,
— at intermediate length of the vessel the coefficient for Lshas to be
obtained by interpolation in between 0,6 and 0,7,
—Lsis the overall length according to the Tonnage Certificate.
If the installed propulsion power exceeds the values for the standard propulsion
power as given in the above formulas the criteria as mentioned under (a) shall
be increased directly proportional to the higher propulsion power.
The Administration shall be satisfied that the above increased stability criteria
for beam trawlers are met in the operating conditions mentioned under regula-
tion 7(1) of this chapter.
For the calculation of the stability, the beams shall be assumed to be hoisted up
to an angle of 45 degrees with the horizontal.
Regulation 5: Severewindandrolling
Vessels shall be able to withstand the effect of severe wind and rolling in asso-
ciated sea conditions taking account of the seasonal weather conditions, the sea
states in which the vessel will operate, the type of vessel and its mode of opera-tion. The relevant calculations shall be carried out in accordance with the IMO
Code on Intact Stability for all Types of Ships.1997L0070 — EN — 17.05.2002 — 002.001 — 13
(1) The stability criteria for offshore supply vessels in paragraph 4.5.6.2.1 to 4.5.6.2.4 in
the IMO Code on Intact Stability for All Types of Ships) may be considered as equiva-lent to the stability criteria in regulation 2(1)(a) to (c). This equivalence can only beapplied, subject to satisfaction of the Administration, for fishing vessels with a hull
form which is similar to that of offshore supply vessels.
▼M2
Regulation 8: Iceaccretion
This regulation applies except where the modification of the icing allowance,
left to the discretion of the Administration by recommendation 2(1) is not
allowed.
Regulation 9: Incliningtest
Paragraph (2)
Where alterations are made to a vessel affecting its light shipcondition and/or
the position of the centre of gravity, the vessel shall, if the Administration
considers this necessary taking into account the vessels stability margins, be
reinclined and the stability information revised. However, if the lightweight
variation exceeds 2 % from the original lightweight and it cannot be demon-
strated by calculation that the vessel continues to comply with the stability
criteria, the vessel shall be re-inclined.
Regulation 12: Bowheight
The bow height shall be sufficient, to prevent the excessive shipping of water.
For vessels operating in restricted areas not more than 10 miles from the coast,
the minimum bow height shall be to the satisfaction of the Administration and
be determined taking into account the seasonal weather conditions, the sea states
in which the vessel will operate, the type of the vessel and its mode of opera-
tion.
For vessels operating in all other areas:1. where, during the fishing operations, the catch has to be stowed into the fish
holds via hatchways, which are situated on a exposed working deck forward
of the deckhouse or superstructure, the minimum bow height shall be calcu-
lated in accordance with the method of calculation, contained in
recommendation 4 of attachment 3 to the Final Act of the Torremolinos
conference;
2. where the catch has to be stowed into the fish holds via a hatchway, which is
situated on an exposed working deck, protected by a deckhouse or super-
structure, the minimum bow height shall be in accordance with regulation
39 of Annex I to the International Load Line Convention 1966, but shall
not be less than 2000 mm. In this respect the maximum permissible oper-
ating draught is to be regarded in place of the assigned summer freeboard.
Regulation 14: Subdivisionanddamagestability
Vessels of 100 m in length and over, where the total number of persons carried
is 100 or more, shall be capable, of remaining afloat with positive stability, after
flooding of any compartment assumed damaged, having regard to the type of
vessel, the intended service and area of operation(
2). Calculations to be carried
out in accordance with the guidance as mentioned in the footnote.
CHAPTER IV: MACHINERY ANDELECTRICAL INSTALLATIONS
AND PERIODICALLY UNATTENDED MACHINERY
SPACES
Regulation 3: General
Paragraph (1)
Main propulsion, control, steam pipe, fuel oil, compressed air, electrical and
refrigeration systems; auxiliary machinery; boilers and other pressure vessels;
piping and pumping arrangements; steering equipment and gears, shafts and
couplings for power transmission shall be designed, constructed, tested, installed
and serviced in accordance with the rules of a recognised organisation. This
machinery and equipment, as well as lifting gear, winches, fish handling and
fish processing equipment shall be protected so as to reduce to a minimum any
danger to persons on board. Special attention shall be paid to moving parts, hot
surfaces and other dangers.1997L0070 — EN — 17.05.2002 — 002.001 — 14
(1) For sea areas where ice accretion may occur and modifications of the icing allowance
are suggested, see Guidance relating to Ice Accretion contained in recommendation 2of attachment 3 to the final Act of the Torremolinos Conference.
(
2) See the guidance on subdivision and damage stability calculations contained in recom-
mendation 5 of attachment 3 to the Final Act of the Torremolinos Conference.
▼M2
Paragraph (7)
The Administration shall be satisfied that regulations 16 to 18 are uniformly
implemented and applied in accordance with the rules of a recognised organisa-
tion(1).
Paragraph (9)
Measures shall be taken to the satisfaction of the Administration to ensure that
all equipment is functioning in a reliable manner in all operating conditions,
including manoeuvring, and that arrangements in accordance with the rules of
a recognised organisation are made for regular inspections and routine tests to
ensure continuous reliable operation.
Paragraph (10)
Vessels shall be provided with documentary evidence, complying with the rules
of a recognised organisation, of their fitness to operate with periodically unat-
tended machinery spaces.
Regulation 6: Steamboilers,feedsystemsandsteampipingarrangements
Paragraph (1)
Every steam boiler and every unfired steam generator shall be provided with not
less than two safety valves of adequate capacity. However, the Administration
may, having regard to the output or any other features of any steam boiler or
unfired steam generator, permit only one safety valve to be fitted if satisfied
that adequate protection against overpressure is thereby provided in accordance
with the rules of a recognised organisation.
Regulation 8: Wheelhousecontrol
Subparagraph (1)(b)
Where remote control of propulsion machinery is provided from the wheel-
house, the following shall apply: the remote control referred to in subparagraph
(a) shall be performed by means of a control device complying with the rules of
a recognised organisation with, where necessary, means of preventing overload
of the propulsion machinery.
Regulation 10: Arrangements for fuel oil, lubricating oil and other flam-
mableoils
Paragraph (4)
Fuel oil pipes which, if damaged, would allow oil escape from a storage, settling
or daily service tank situated above the double bottom, shall be fitted with a
cock or valve on the tank capable of being closed from a safe position outside
the space concerned in the event of a fire arising in the space in which such
tanks are situated. In the special case of deep tanks situated in any shaft or
pipe tunnel or similar space, valves on the tank shall be fitted but control in
the event of fire may be effected by means of an additional valve on the pipe
or pipes outside the tunnel or similar space. If such additional valve is fitted in
the machinery space, it shall be capable of being operated outside this space.
Paragraph (7)(a)
Fuel oil pipes and their valves and fittings shall be steel or other equivalent
material, provided that a minimum of flexible pipes may be used. Such flexible
pipes and end attachments shall be of adequate strength and shall be constructed
of approved fire resistant material or have fire-resistant coatings in accordance
with the rules of a recognised organisation. Fitting of those flexible pipes shall
be in accordance with the IMO MSC. Circ. 647 ‘Guidelines to minimise
leakages from flammable liquid systems’.
Paragraph (10)
The arrangements for the storage, distribution and use of oil employed in pres-
sure lubrication systems shall be in accordance with the rules of a recognised
organisation. Such arrangements in machinery spaces of category A and, wher-
ever practicable, in other machinery spaces shall at least comply with the1997L0070 — EN — 17.05.2002 — 002.001 — 15
(1) See also the recommendation, published by the International Electrotechnical Commis-
sion and, in particular, Publication 92, ‘Electric installations in ships’.
▼M2
provisions of paragraphs (1), (3), (6) and (7) and in so far as necessary, in accor-
dance with the rules of a recognised organisation, with paragraphs (2) and (4).
This does not preclude the use of sight flow glasses in lubrication systems
provided they are shown by test to have a suitable degree of fire resistance.
Paragraph (11)
The arrangements for the storage, distribution and use of flammable oils
employed under pressure in power transmission systems other than oil referred
to in paragraph (10) in control and activating systems and heating systems shall
be in accordance with the rules of a recognised organisation. In locations where
means of ignition are present such arrangements shall at least comply with the
provisions of paragraphs (2) and (6) and with the provisions of paragraphs (3)
and (7) in respect of strength and construction.
Regulation 12: Protection againstnoise
Measures shall be taken to reduce the effects of noise upon personnel in
machinery spaces to levels as given in the IMO Code on Noise Levels on Board
Ships(1).
Regulation 13: Steeringgear
Paragraph (1)
Vessels shall be provided with a main steering gear and an auxiliary means of
actuating the rudder in compliance with the rules of a recognised organisation.
The main steering gear and the auxiliary means of actuating the rudder shall be
arranged so that so far as is reasonable and practicable a single failure in one of
them will not render the other one inoperative.
Regulation 16: Mainsourceofelectrical power
Subparagraph (1)(a)
Where electrical power constitutes the only means of maintaining auxiliary
services essential for the propulsion and the safety of the vessel, a main source
of electrical power shall be provided which shall include at least two generating
sets, one of which may be driven by the main engine. In accordance with the
rules of a recognised organisation other arrangements having equivalent elec-
trical capability may be accepted.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINC-
TIONANDFIREFIGHTING
Regulation 1: General
Subparagraph (c)
Method IIIF: The fitting of an automatic fire alarm and detection system in all
spaces in which a fire might be expected to originate, generally with no restric-
tion on the type of internal divisional bulkheads, except that in no case shall the
area of any accommodation space or spaces bounded by an ‘A’ or ‘B’ class
division exceed 50 m2. However, the Administration may increase this area for
public spaces up to 75 m2.
Regulation 2: Definitions
Paragraph (1)
‘Non-combustible material’ means a material which neither burns nor gives off
flammable vapours in sufficient quantity for self-ignition when heated to
approximately 750 ºC, this being determined in accordance with the IMO Fire
Test Procedures Code(2). Any other material is a combustible material.
Paragraph (2) ‘standard fire test’ to be read as follows:‘A standard fire test’ is one in which the specimens of the relevant bulkheads or
decks are exposed in a test furnace to temperatures corresponding approximately1997L0070 — EN — 17.05.2002 — 002.001 — 16
(1) The Code on Noise Levels on Board Ships as adopted by the International Maritime
Organisation by its resolution A.468(XII) on 19 November 1981.
(2) The International Code for Application of Fire Test Procedures (FTP Code), as adopted
by the Maritime Safety Committee of the International Maritime Organisation by reso-
lution MSC. 61(67).
▼M2
to the standard temperature curve. The test methods shall be in accordance with
the IMO Fire Test Procedures Code.
Paragraph (3) (last sentence)
The Administration shall require a test of a prototype bulkhead or deck to
ensure that it meets the above requirements for integrity and temperature rise
in accordance with the IMO Fire Test Procedures Code.
Paragraph (4) (last sentence)
The Administration shall require a test of a prototype division to ensure that it
meets the above requirements for integrity and temperature rise in accordance
with the IMO Fire Test Procedures Code.
Paragraph (6) (last sentence)
The Administration shall require a test of a prototype division to ensure that it
meets the above requirement for integrity and temperature rise in accordance
with the IMO Fire Test Procedures Code.
Paragraph (9)
Low flame spread means that the surface thus described will adequately restrict
the spread of flame, this being determined in accordance with the IMO Fire Test
Procedures Code.
Regulation 4: Bulkheadswithintheaccommodationandservicespaces
Paragraph (4)
Method IIIF: There shall be no restriction on the construction of bulkheads not
required by this or other regulations of this part to be ‘A’ or ‘B’ class divisions.
In no case shall the area of any accommodation space or spaces bounded by a
continuous ‘A’ or ‘B’ class division exceed 50 m2, except in individual cases
where ‘C’ class bulkheads are required in accordance with table 1 in regulation
7. However, the Administration may increase this area for public spaces up to
75 m2.
Regulation 7: Fire integrity ofbulkheadsanddecks
Last note to tables
(*) Where an asterisk appears in the tables the division is required to be of steel
or equivalent material but is not required to be of ‘A’ class standard.
Where a deck is penetrated for the passage of electrical cables, pipes and
vent ducts, such penetrations shall be made tight to prevent the passage of
flame and smoke.
Regulation 8: Detailsofconstruction
Paragraph (3), Methods IF, IIF and IIIF
(a) Except in cargo spaces or refrigerated compartments of service spaces insu-
lating materials shall be non-combustible. Vapour barriers and adhesives
used in conjunction with insulation, as well as the insulation of pipe fittings
for cold service systems need not be of non-combustible material, but they
shall be kept to the minimum quantity practicable and their exposed surfaces
shall have low flame characteristics, this being determined in accordance
with the IMO Fire Test Procedures Code. In spaces where penetration of
oil products is possible, the surface of insulation shall be impervious to oil
or oil vapour.
Regulation 9: Ventilationsystems
Subparagraph (1)(a)
Ventilation ducts shall be of non-combustible material. Short ducts, however,
not generally exceeding 2 m in length and with a cross section not exceeding
0,02 m2need not be non-combustible, subject to the following conditions:
(i) these ducts shall be of a material which has low flame spread characteristics,
this being determined in accordance with the IMO Fire Test Procedures
Code.1997L0070 — EN — 17.05.2002 — 002.001 — 17
▼M2
Regulation 11: Miscellaneous items
Paragraph (2)
Paints, varnishes and other finishes used on exposed interior surfaces shall not
be capable of producing excessive quantities of smoke or toxic gases or vapours,
to be determined in accordance with the IMO Fire Test Procedures Code.
Regulation 12: Storageofgascylindersanddangerousmaterials
Paragraph (4)
Except as necessary for service within the space, electrical wiring and fittings
shall not be permitted within compartments used for the storage of highly flam-
mable liquids or liquefied gases. Where such electrical fittings are installed, they
shall be of a certified safe type and comply with the relevant provisions of the
International Standard IEC Publication 79 ‘Electrical apparatus for explosive gas
atmospheres’. Sources of heat shall be kept clear of such spaces and ‘No
smoking’ and ‘No naked light’ notices shall be displayed in a prominent posi-
tion.
Regulation 13: Meansofescape
Paragraph (1)
Stairways and ladders leading to and from all accommodation spaces and in
spaces in which the crew is normally employed, other than machinery spaces,
shall be so arranged as to provide ready means of escape to the open deck and
thence to the survival craft. In particular in relation to these spaces:
(e) the continuity of the means of escape shall be to the satisfaction of the
Administration. Stairways and corridors used as means for escape shall be
not less than 700 mm in clear width and shall have a handrail on at least
one side. Doorways which give access to a stairway shall be not less than
700 mm in clear width.
Paragraph (2)
Two means of escape shall be provided from every machinery space of category
A by one of the following means:
(a) two sets of steel ladders as widely separated as possible leading to doors in
the upper part of the space similarly separated and from which access is
provided to the open deck. In general, one of these ladders shall provide
continuous fire shelter from the lower part of the space to a safe position
outside the space. However, the Administration may not require such shelter
if, due to special arrangements or dimensions of the machinery space, a safe
escape route from the lower part of this space is provided. This shelter shall
be of steel, insulated to ‘A-60’ class standard and be provided with a ‘A-60’
class self-closing steel door at the lower end; or
Regulation 14: Automatic sprinkler and fire alarm and fire detection
systems(MethodIIF)
Paragraph (11)
Spare sprinkler heads shall be provided for each section of sprinklers.
Spare sprinkler heads shall include all types and ratings installed in the vessel
and shall be provided as follows:
— less than 100 sprinkler heads: 3 spare heads,
— less than 300 sprinkler heads: 6 spare heads,
— 300 to 1 000 sprinkler heads: 12 spare heads.
Regulation 15: Automatic fire alarm and fire detection systems (Method
IIIF)
Paragraph (4)
The system shall be operated by an abnormal air temperature, by an abnormal
concentration of smoke or other factors indicative of incipient fire in any one of
the spaces to be protected. Systems which are sensitive to air temperature shall
not operate at less than 54 ºC and shall operate at a temperature not greater than
78 ºC when the temperature increase to those levels is not more than 1 ºC per
minute. At the discretion of the Administration the permissible temperature of
operation may be increased to 30 ºC above the maximum deckhead temperature1997L0070 — EN — 17.05.2002 — 002.001 — 18
▼M2
in drying rooms and similar places of normally high ambient temperature.
Systems which are sensitive to smoke concentration shall operate on the reduc-
tion of the intensity of a transmitted light beam. Smoke detectors shall be
certified to operate before the smoke density exceeds 12,5 % obscuration per
metre, but not until the smoke density exceeds 2 % obscuration per metre. Other
equally effective methods of operation may be accepted at the discretion of the
Administration. The detection system shall not be used for any purpose other
than fire detection.
Regulation 17: Fire pumps
Paragraph (2)
If a fire in any one compartment could put all the fire pumps out of action, there
shall be an alternative means of providing water for fire fighting. In vessels of
75 m in length and over this alternative means shall be a fixed emergency fire
pump independently driven. This emergency fire pump shall be capable of
supplying two jets of water at a minimum pressure of 0,25 N/mm2.
Regulation 20: Fire extinguishers
Paragraph (2)
1. For each type of fire extinguisher carried, capable of being recharged on
board, 100 % spare charges for the first 10 extinguishers shall be provided
and 50 % for the remaining extinguishers but not more than 60.
2. For fire extinguishers which cannot be recharged on board, at least 50 %
additional fire extinguishers of same type and capacity shall be provided in
lieu of spare charges.
3. Instructions for recharging should be carried on board. Only refills approved
for the fire extinguishers in question may be used for recharging.
Paragraph (4)
Fire extinguishers shall be examined annually by a competent person, authorised
by the Administration. Each extinguisher shall be provided with a sign indi-
cating that it has been examined. All containers of permanently pressurised fire
extinguishers and propellant bottles of non-pressurised extinguishers shall be
hydraulic pressure tested every 10 years.
Regulation 21: Portablefireextinguishersincontrolstationsandaccommo-
dationsandservicespaces
Paragraph (2)
1. For fire extinguishers, capable of being recharged on board, 100 % spare
charges for the first 10 extinguishers shall be provided and 50 % for the
remaining extinguishers but not more than 60.
2. For fire extinguishers which cannot be recharged on board at least 50 %
additional fire extinguishers of same type and capacity shall be provided in
lieu of spare charges.
3. Instructions for recharging should be carried on board. Only refills approved
for the fire extinguishers in question may be used for recharging.
Regulation 24: Firefighter's outfits
Paragraph (1)
At least two firefighter's outfits shall be carried. The firefighter's outfits shall be
in accordance with the IMO Fire Safety Systems Code, Chapter III, regulations
2.1, 2.1.1 and 2.1.2. Two spare charges shall be provided for each required
breathing apparatus.
Regulation 25: Firecontrol plan
There shall be a permanently exhibited fire control plan. The contents of such a
plan shall be in accordance with IMO Resolution A.654(16) ‘Graphical symbols
for fire control plans’ and IMO Resolution A.756(18) ‘Guidelines on the infor-
mation to be provided with fire control plans’.1997L0070 — EN — 17.05.2002 — 002.001 — 19
▼M2
Regulation 28: Structuralfireprotection
Subparagraph (2)(a)
In vessels, the hull of which is constructed of non-combustible materials, the
decks and bulkheads separating machinery spaces of category A from accommo-
dation spaces, service spaces or control stations shall be constructed to ‘A-60’
class standard where the machinery space of category A is not provided with a
fixed fire extinguishing system and to ‘A-30’ class standard where such a
system is fitted. Decks and bulkheads separating other machinery spaces from
accommodation, service spaces and control stations shall be constructed to ‘A-
0’ class standard.
Decks and bulkheads separating control stations from accommodation and
service spaces shall be constructed to ‘A’ class standard in accordance with the
tables 1 and 2 of regulation 7 of this chapter, except that the Administration
may permit the fitting of ‘B-15’ class divisions for separating such spaces as
skipper's cabin from the wheelhouse, where such spaces are considered to be a
part of the wheelhouse.
Regulation 31: Miscellaneous items
Paragraph (1)
Exposed surfaces within accommodation spaces, service spaces, control stations,
corridor and stairway enclosures and the concealed surfaces behind bulkheads,
ceilings, panellings and linings in accommodation spaces, service spaces and
control stations shall have low flame spread characteristics, as determined in
accordance with the IMO Fire Test Procedures Code.
Paragraph (3)
Paints, varnishes and other finishes used on exposed interior surfaces shall not
be capable of producing excessive quantities of smoke or toxic gases or vapours,
this being determined in accordance with the IMO Fire Test Procedures Code.
Regulation 32: Storageofgascylindersanddangerousmaterials
Paragraph (4)
Except as necessary for service within the space, electrical wiring and fittings
shall not be permitted within compartments used for the storage of highly flam-
mable liquids or liquefied gases. Where such electrical fittings are installed, they
shall be of a certified safe type and comply with the relevant provisions of the
International Standard IEC Publication 79 ‘Electrical apparatus for explosive gas
atmospheres’. Sources of heat shall be kept clear of such spaces and ‘No
smoking’ and ‘No naked light’ notices shall be displayed in a prominent posi-
tion.
Regulation 38: Fire extinguishers
Paragraph (2)
1. Except in the cases mentioned under 2 (below) for each type of fire extin-
guishers carried, capable of being recharged on board, 100 % spare charges
for the first 10 extinguishers shall be provided and 50 % for the remaining
extinguishers, but not more than 60.
2. For vessels with a length of less than 45 m and for fire extinguishers which
cannot be recharged on board, at least 50 % additional fire extinguishers of
same type and capacity shall be provided in lieu of spare charges.
3. Instructions for recharging shall be carried on board. Only refills approved
for the fire extinguishers in question may be used for recharging.
Paragraph (4)
Fire extinguishers shall be examined annually by a competent person, authorised
by the Administration. Each extinguisher shall be provided with a sign indi-
cating that it has been examined. All containers of permanently pressurised fire
extinguishers and propellant bottles of non-pressurised extinguishers shall be
hydraulic pressure tested every 10 years.1997L0070 — EN — 17.05.2002 — 002.001 — 20
▼M2
Regulation 39: Portablefireextinguishersincontrolstationsandaccommo-
dationsandservicespaces
Paragraph (2)
1. Except in the cases mentioned under 2 (below) for each type of fire extin-
guisher carried, capable of being recharged on board, at least 100 % spare
charges for the first 10 extinguishers shall be provided and 50 % for the
remaining extinguishers but not more than 60.
2. For vessels with a length of less than 45 m and for fire extinguishers, which
cannot be recharged on board, at least 50 % additional fire extinguishers of
same type and capacity shall be provided in lieu of spare charges.
3. Instructions for recharging should be carried on board. Only refills approved
for the extinguishers in question may be used for recharging.
Regulation 41: Firefighters outfits
For vessels with a length of 45 m and over at least two fire-fighter' outfits shall
be carried and stored in readily accessible and widely separated positions, which
are not likely to be cut off in the event of fire. The firefighter's outfits shall be
in accordance with the IMO Fire Safety Systems Code, Chapter III, regulations
2.1, 2.1.1 and 2.1.2.
At least two spare charges shall be provided for each required breathing appa-
ratus.
Regulation 42: Fire controlplan
There shall be a permanently exhibited fire control plan.
The contents of such a plan shall be in accordance with IMO Resolution
A.654(16) ‘Graphical symbols for fire control plans’ and IMO Resolution
A.756(18) ‘Guidelines on the information to be provided with fire control
plans’.
In vessels with a length of less than 45 m, the Administration may dispense with
this requirement.
CHAPTER VI: PROTECTIONOFTHECREW
Regulation 3: Bulwarks,railsandguards
Paragraph (2)
The minimum vertical distance from the deepest operating waterline to the
lowest point of the top of the bulwark, or to the edge of the working deck if
guard rails are fitted shall ensure adequate protection of the crew from water
shipped on deck, taking into account the sea states and the weather conditions
in which the vessel may operate, the areas of operation, type of vessel and its
method of fishing. The freeboard measured amidships from the edge of the
working deck from which fishing is undertaken, shall not be less than 300 mm
or not less than the freeboard corresponding with the maximum permissible
draught, whichever is the greater. For vessels with sheltered working decks,
which are so arranged that water will not enter the sheltered working spaces
no minimum freeboard other than the one corresponding with the maximum
permissible draught is required.
Regulation 4: Stairwaysandladders
For the safety of the crew, stairways and ladders of adequate size and strength
with handrails and non-sliptreads shall be p rovided and constructed in accor-
dance with the relevant ISO standards.1997L0070 — EN — 17.05.2002 — 002.001 — 21
▼M2
CHAPTER VII: LIFE-SAVINGAPPLIANCESANDARRANGEMENTS
Regulation 3: Evaluation,testingandapprovaloflife-savingappliancesand
arrangements
Paragraph (2)
Before giving approval to life-saving appliances and arrangements, the Admin-
istration shall ensure that such life-saving appliances and arrangements aretested, to confirm that they comply with the requirements of this chapter, in
accordance with the requirements of Council Directive 96/98/EC(
1) on marine
equipment which includes the IMO Recommendations on Testing of Life-Saving
Appliances.
Paragraph (6)
Life-saving appliances required by this chapter for which detailed specifications
are not included in part C shall be to the satisfaction of the Administration,
taking into consideration the detailed specifications as given for those appliances
in Chapter III of Solas 1974, as amended, and in the IMO International Life-
Saving Appliance Code.
Regulation 6: Availabilityandstowageofsurvivalcraftandrescueboats
Subparagraph (4)(a)
Each survival craft shall be stowed:
— so that neither the survival craft nor its stowage arrangements will interfere
with the operation of any other survival craft or rescue boat at any other
launching location,
— as near to the water surface as is safe and practicable and, in the case of a
survival craft other than a liferaft intended for throw over board launching,
in such a position that the survival craft in the embarkation position is not
less than 2 m above the waterline with the vessel in fully loaded condition
under unfavourable conditions of trim of upto 10 º and listed upto 20 º
either way, or to the angle at which the ship's weatherdeck edge becomes
submerged, whichever is less,
— in a state of continuous readiness so that the crew members can carry out
preparations for embarkation and launching in less than 5 min.,
— fully equipped as required by this chapter.
Regulation 23: Rescueboats
Subparagraph (1)(b)
Rescue boats may be either of rigid or inflated construction or combination of
both and shall:
(i) be not less than 3,8 m and not more than 8,5 m in length, except for vessels
with a length of less than 45 m where, owing to the size of the vessel, or for
other reasons where the carriage of such boats is considered unreasonable or
impracticable, the Administration may accept a rescue boat of a lesser
length but not less than 3,3 m;
(ii) be capable of carrying at least five seated persons and one person lying
down or for vessels with a length of less than 45 m, in the case of a rescue
boat less than 3,8 m, be capable of carrying at least four persons seated and
one person laying down.
Subparagraph (1)(c)
The number of persons which a boat shall be permitted to accommodate shall be
determined by the Administration by means of a seating test. The minimum
carrying capacity shall be as given in regulation 23(1)(b)(ii). Seating, except
for the helmsman, may be provided on the floor. No part of a seating position
shall be on the gunwale, transom, or on inflated buoyancy at the sides of the
boat.1997L0070 — EN — 17.05.2002 — 002.001 — 22
(1) OJ L 46, 17.2.1997, p. 25.
▼B
ANNEX II
AdaptationofprovisionsofChaptersIV,V,VIIandIXoftheAnnextothe
Torremolinos Protocol, in accordance with Article 3(4) of the latter, for
applicationtonewfishingvesselswithalengthof24metresandover
CHAPTER IV: MACHINERY ANDELECTRICAL INSTALLATIONS
AND PERIODICALLY UNATTENDED MACHINERY
SPACES
Regulation 1: Application
To be read as follows:
‘Unless provided otherwise, this chapter shall apply to new fishing vessels
of 24 metres in length and over.’
Regulation 7: Communicationbetweenthewheelhouseandmachineryspace
To be read with the following addition:
‘Two separate means of communication … shall be provided, one of which
shall be an engine room telegraph, except that in vessels of less than
45 metres in length, where the propulsion machinery is directly controlled
from the wheelhouse, the administration may accept means of communica-
tion other than an engine room telegraph.’
Regulation 8: Wheelhousecontrolofpropulsionmachinery
Paragraph 1(d) to be read with the following addition:
‘… or control room. On vessels of less than 45 metres in length the admin-
istration may permit the control station in the machinery space to be an
emergency station only, provided that the monitoring and control in the
wheelhouse is adequate.’
Regulation 16: Mainsourceofelectrical power
Paragraph 1(b) to be read with the following addition:
‘… sets being stopped. However, in vessels of less than 45 metres in length,
in the event of any one of the generating sets being stopped, it shall only be
necessary to ensure the functioning of the services essential for propulsion
and safety of the vessels.’
Regulation 17: Emergencysourceofelectrical 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
than 45 metres in length, shall be installed…’.
Regulation 22: Alarmsystem
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
of sounding and indicating visually each separate alarm function in the
wheelhouse 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
EXTINCTIONANDFIREFIGHTING
Regulation 2: Definitions
Paragraph 14(b) to be read with the following change:1997L0070 — EN — 17.05.2002 — 002.001 — 23
▼B
‘… 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 following paragraph:
‘Notwithstanding the provision of Regulation 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-extinguishingappliancesinmachineryspaces
Paragraph 1(a) to be read with the following change:
‘… of not less than 375 kilowatts …’.
CHAPTER VII: LIFE-SAVINGAPPLIANCESANDARRANGEMENTS
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: Numberandtypesofsurvivalcraftandrescueboats
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 these
survival craft to accommodate at least the total number of persons on
board shall be capable of being launched 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
of search and rescue facilities and meteorological warning systems, the
operation of the vessel in areas not susceptible to heavy weather or the
seasonal characteristics of the operation, such provision is unneces-
sary.’
3. Beginning of paragraph 4 to be read as follows:
‘In lieu of meeting the requirements of paragraphs 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: Radiolife-savingappliances
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
requirement to carry three such apparatus unnecessary taking into account1997L0070 — EN — 17.05.2002 — 002.001 — 24
▼B
the operation area of the vessel and the number of persons employed on
board;’.
Regulation 14: Radartransponders
To be read with the following addition 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: RADIOCOMMUNICATIONS
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
and over.’
Regulation7:Radioequipment—seaareaA1
Insert a new paragraph (4) to read as follows:
‘Notwithstanding the provisions of Regulation 4(a), the Administration may
exempt new fishing vessels of 24 metres in length and over but less than 45
metres and engaged exclusively on voyages within sea area A1 from the
requirements of Regulations 6(1)(f) and 7(3) provided that they are
equipped with a VHF radio installation as prescribed by Regulation 6(1)(a)
and, in addition, with a VHF radio installation using DSC for the transmis-
sion of ship-to-shore distress alerts as prescribed by Regulation 7(1)(a).’1997L0070 — EN — 17.05.2002 — 002.001 — 25
▼M1
▼B
ANNEX III
Regionalandlocalprovisions(Articles 3(3)and4(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, excluding the Baltic
Sea. This boundary is defined by the parallel of latitude 62º N from
the west coast of Norway to longitude 4º W, thence the meridian of
longitude 4º W to latitude 60º 30 ′N, thence the parallel of latitude
60º 30 ′N to longitude 5º W, thence the meridian of longitude 5º W to
latitude 60º N, thence the parallel of latitude 60º N to longitude 15º W,
thence the meridian of longitude 15º W to latitude 62º N, thence the
parallel of latitude 62º N to longitude 27º W, thence the meridian of
longitude 27º W to latitude 59º N and thence the parallel of latitude
59º N to the west.
2.Definitions
‘Heavy drift ice’ is drift ice covering 8/10 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 following operating conditions shall also be considered:
(e) operating condition (b), (c) or (d), whichever produces the lowest
values of the stability parameters contained in the stability criteria
listed in Regulation 2, shall be calculated including allowance for
ice accretion in accordance with the provisions of Regulation III/8;
(f) for purse seiners: departure from the fishing grounds with the fishing
gear, no catch and 30 % stores, fuel, etc., including allowance for
ice accretion 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 be
applied within the region concerned, i.e. also outside the boundariesshown in the chart accompanying the said Recommendation.
Notwithstanding the provisions of Regulation III/8(1)(a) and (b) the
following icing allowance shall be made in the stability calculations for
vessels operating in the area north of latitude 63º N, between longitude
28º W and longitude 11º 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)
Notwithstanding the provisions of Regulation VII/5 (2)(b), (3)(b), and
(3a), for fishing vessels whose hull is built to comply with the rules of
a recognised organisation for operation in waters with heavy drift ice
concentration in compliance with Regulation II/1/2 of the Annex to the
Torremolinos Protocol, the rescue boat/lifeboat required in (2)(b), (3)(b)
or (3a)(b) shall at least be partially covered (as defined in Regulation
VII/18) and shall have sufficient capacity to accommodate all persons
on board.
6.Regulation VII/9 (Immersion suits and thermal protective aids)
Notwithstanding the provisions of Regulation VII/9 an approved immer-
sion suit, of an appropriate size, complying with the provisions of
Regulation VII/25, including the measures applied to that Regulation
and listed in this Annex under item 1.8, shall be provided for every
person on board.1997L0070 — EN — 17.05.2002 — 002.001 — 26
▼B
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
approved radar transponder capable of operating in the 9 GHz band.
8.Regulation VII/25 (Immersion suits)
Notwithstanding the provisions of Regulation VII/25 all immersion suits
required under item 1.6 of this Annex shall, as a single unit, be made of
material with inherent insulation and shall also comply with the buoy-
ancy requirements of Regulation VII/24(1)(c)(i). All other relevant
requirements of Regulation VII/25 shall also be complied with.
9.Regulation X/3(7) (Radar installations)
Notwithstanding the provisions of Regulation X/3(7), every vessel of
24 metres in length and over shall be fitted with a radar installation to
the satisfaction of the administration. This radar installation shall be
capable of operating in the 9 GHz band.
10.Regulation X/5 (Signalling equipment)
In addition to the provisions of Regulation X/5, every vessel shall, when
operating in waters where drift ice may occur, be fitted with at least one
searchlight with a lighting capacity of at least 1 lux, measured at a
distance of 750 metres.
B.‘Southern’regionalprovisions
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 the
1996 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 appropri-
ately by a coast station operating in accordance with IMO master plan.’1997L0070 — EN — 17.05.2002 — 002.001 — 27
(1) International Convention on Load Lines, 1966, adopted on 5 April 1966 by the Interna-
tional Conference on Load Lines, held in London upon the invitation of the
Intergovernmental Maritime Consultative Organisation.
▼B
NORTHERN REGION
1997L0070 — EN — 17.05.2002 — 002.001 — 28
▼B
ANNEX IV
Specific safetyrequirements (Article3(4))
CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND
EQUIPMENT
Add following new Regulations:
‘Regulation 16: Workingdeckswithinanenclosedsuperstructure
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 with
Regulation 11 of Chapter III. An efficient drainage system shall be fitted.Adequate protection against inadvertent influx of water to the working
deck shall be provided.
4. At least two exits from such decks shall be provided.
5. The clear headroom in the working space shall at all points be not less
than two metres.
6. A fixed ventilation system providing at least six changes of air per hour
shall be provided.
Regulation 17: Draughtmarks
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)
seawater
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
filling and emptying of seawater.
2. If such tanks are to be used also for carrying dry cargo, the tanks shall
be arranged with a bilge system and provided with adequate means to
avoid ingress of water from the bilge system into the tanks.’
CHAPTER III: STABILITYANDASSOCIATEDSEAWORTHINESS
Regulation 9: Incliningtest
Add following new paragraph 4:
‘4. The inclining test and determination of conditions required by Regu-
lation III/9(1) shall be performed at least every 10 years.’
CHAPTER IV: MACHINERY ANDELECTRICAL INSTALLATIONS
AND PERIODICALLY UNATTENDED MACHINERY
SPACES
Regulation 13: Steeringgear
Add following text to paragraph 10:
‘If this power source is electrical, the emergency source of electrical power
shall be capable of serving the auxiliary means for activating the rudder for
a period of at least 10 minutes.’
Regulation 16: Mainsourceofelectrical power
Add following paragraph 3:
‘3. Navigation lights, if solely electrical, shall be supplied through their
own separate switchboard and adequate means for the monitoring of such
lights shall be provided.’1997L0070 — EN — 17.05.2002 — 002.001 — 29
▼B
Regulation 17: Emergencysourceofelectrical 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 installa-
tions listed in that Regulation for a period of not less than eight hours.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINC-
TIONANDFIREFIGHTING
Regulation 22: Fire-extinguishingappliancesinmachineryspaces
Notwithstanding the provisions of this Regulation, all machinery spaces of cate-
gory A shall be fitted with a fixed fire-extinguishing arrangement.
Regulation 40: Fire-extinguishingappliancesinmachineryspaces
Notwithstanding the provisions of this Regulation, all machinery spaces of cate-
gory A shall be fitted with a fixed fire-extinguishing arrangement.1997L0070 — EN — 17.05.2002 — 002.001 — 30
▼B
ANNEX V
FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND
RECORDOFEQUIPMENT
1997L0070 — EN — 17.05.2002 — 002.001 — 31
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 32
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 33
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 34
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 35
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 36
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 37
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 38
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 39
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 40
▼B
1997L0070 — EN — 17.05.2002 — 002.001 — 41