Opinion of the Economic and Social Committee on the 'Proposal for a Council Directive amending Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods` (97/C 133/04)

On 17 October 1996 the Council of the European Union decided to consult the Economic and Social Committee, under Article 84(2) of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport and Communications, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 12 February 1997. The rapporteur was Mr Chagas.

At its 343rd plenary session (meeting of 26 February 1997), the Economic and Social Committee adopted the following opinion by 98 votes for and two votes against.

1. Introduction

1.1. The aim of Directive 93/75/EEC () is, by introducing a requirement for ships to report specifically, to improve prevention and remedial action in the event of circumstances at sea which might lead to accidents involving ships carrying dangerous or polluting goods.

1.2. The directive is primarily concerned with the notification procedure to be followed by vessels carrying dangerous goods in bulk or in packages and the type of information to be supplied to the relevant authorities; such vessels must provide port authorities with information about the vessel and its cargo, vessels must avail themselves of the pilot services and provide pilots with detailed information about vessels; it instructs pilots to inform port authorities about deficiencies they find which may prejudice the safe navigation of the vessel; it obliges coastal states to inform all vessels in their territorial waters of the presence of any ship known to be carrying dangerous goods that may pose a threat to other shipping.

1.3. Directive 93/75/EEC also sets up, in Article 12, a committee composed of representatives of the Member States, to assist the Commission in future amendments to the directive, in order to:

- take into account subsequent amendments which have entered into force to the instruments referred to in Article 2, and

- adapt the implementation of the directive in the light of scientific and technical progress, without broadening its scope.

1.4. The directive was first amended by Commission Directive 96/39/EC () in order to apply, in accordance with Article 11, subsequent amendments to the international convention, codes and resolution referred to in Article 2(e), (f), (g) and (h).

1.5. According to the Commission, the purpose of the present proposal is threefold:

- to extend the scope of Directive 93/75/EEC (as amended by Directive 96/39/EC) to cover the carriage of irradiated nuclear fuel, plutonium and high-level radioactive waste in flasks on board ships. To achieve this, mention of the INF Code () of IMO (Resolution A. 748(18) adopted on 4 November 1993) is to be expressly included in the list of international texts mentioned in article 2;

- to supplement the information given in the annexes to the directive in the light of developments in international legislation;

- to facilitate the amendment of those annexes in the light of developments in international legislation by applying the committee procedure.

2. The Commission document

2.1. To overcome the lack of special provisions regarding the carriage by sea of certain radioactive materials, the General Assembly of the International Maritime Organization (IMO) adopted, on 4 November 1993, a Resolution A.748(18), known as INF Code.

2.1.1. In Resolution A.790(19), the General Assembly of the IMO decided to consider whether a revised version of the INF Code should take account of certain complementary and operational aspects.

2.1.2. Directive 93/75/EEC of 13 September 1993 could not take into account the INF Code as it was only adopted one month and a half later. Thus, for the sake of completeness, and in view of its objectives, the INF Code should be included in the list of international legal texts referred to in Article 2 of the Directive.

2.2. In Annex I, Directive 93/75/EEC lists the information which must be notified to the competent authorities. Annex II sets out the check-list of information, safety equipment and documents which the ship's captain must make available to the pilot upon embarkation.

2.2.1. It is proposed to include in Annexes I and II a reference to the IMO identification number. It is also proposed to supplement Annex II by including safety equipment and certificates referred to in a number of international instruments, including the rules governing the Global Maritime Distress and Safety System (GMDSS).

2.3. To provide easier procedures for allowing the annexes to take account of developments in international legislation, it is proposed to expand Article 11 of Directive 93/75/EEC in order to permit further amendments of these annexes in light of relevant developments in international law on safety at sea and on the protection of the marine environment in accordance with the procedure provided for in Article 12.

3. General Comments

3.1. In line with opinions expressed previously, and in particular those in its Opinion on the Communication on a Common Policy for Safety at Sea (), the Committee welcomes the present draft directive.

3.2. Although certain requirements concerning carriage of radioactive materials were already covered in the IMDG Code (), the General Assembly of the IMO, through Resolution A.748(18), the INF Code, has listed the requirements to the design and equipment of the ships that transport such materials.

3.3. The Committee is of the opinion that carriage of radioactive materials by sea is increasing and the position of EU Member States regarding that transport is very important. It fully justifies the introduction of a reference to the INF Code in Article 2 of Directive 93/75/EEC.

3.3.1. The Committee is also of the opinion that due consideration should be given to the application of Directive 93/75/EEC, as modified by the present Directive, not only to vessels bound for or leaving Community ports, or staying at anchor in territorial waters of an EU Member State, but also to all vessels in transit in those territorial waters.

3.4. The allocation of an IMO number to every passenger ship with a gross tonnage of 100 gt and above, and to all cargo ships of 300 gt and above, is a positive measure that allows a ship to be traced independently of the changes of owners that may occur. The mention of that number in Annexes I and II of the Directive is also welcome.

3.5. The adoption of the committee procedure makes it easier to follow the evolution of international legislation. In terms of safety at sea and marine environment protection this evolution is currently very fast. Thus, it seems that the inclusion of a supplementary sentence in Article 11 of the Directive is relevant.

4. Specific Comments

4.1. Article 1

4.1.1. In the text, after 'proposed to be added to paragraph (c)` it would be better to replace 'and` and 'defined` by 'including` and 'described`.

4.1.2. In paragraph 2, the expression 'international law` should be replaced by 'international conventions, codes and resolutions`.

4.2. Annex II, paragraph C

4.2.1. In the check-list to be given to the pilot as set out in Annex II, paragraph C, several certificates and other documents are not correctly mentioned. The whole list should be revised in order to use the adequate IMO expression.

4.2.2. Clear IMO references should be added after the mention of a required certificate or information.

Brussels, 26 February 1997.

The President of the Economic and Social Committee

Tom JENKINS

() Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ No L 247, 5. 10. 1993, p. 19). ESC opinion: OJ No C 329, 30. 12. 1989, p. 20.

() Commission Directive 96/39/EC of 19 June 1996 amending Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ No L 196, 7. 8. 1996, p. 7).

() Resolution A.748(18) concerning the code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships (INF Code).

() Communication from the Commission on a common policy on safe seas (COM(93) 66 final). ESC opinion: OJ No C 34, 2. 2. 1994, p. 47.

() International Maritime Dangerous Goods Code, a Resolution of the Assembly of IMO adopted on 6 November 1991, as Resolution A.716(17).