No C 294/12 Official Journal of the European Communities 24. 11. 90 
Amendment to the proposal for a Council Directive concerning minimum requirements for 
vessels entering or leaving Community ports carrying packages of dangerous or polluting 
goods (') 
COM(90) 452 final 
(Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on 
31 October 1990) 
(90/C 294/09) 
(') OJ No C 147, 14. 6. 1989 [COM(89) 07 final]. 
The proposal for a Council Directive of 19 May 1989, document COM(89) 07 final shall be 
modified as follows: 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
First recital 
Whereas the volume of dangerous goods carried by sea 
has been growing unabated, increasing the risk of 
accidents that could be on a catastrophic scale; Whereas the volume of dangerous or polluting goods 
carried by sea has been growing unabated, increasing the 
risk of accidents that could be on a catastrophic scale; 
Recital 4a 
(new) 
Whereas recent cases of accidents have shown the 
difficulty of providing speedy and proper compensation 
for victims (including fishermen, tourists, coastal 
communities), and whereas it is therefore the political 
responsibility of governments and carriers to reduce the 
risks before having to provide compensation; 
Recital 5a 
(new) 
Whereas 14 European countries, including the Member 
States of the EC, have signed the Memorandum of 
Understanding on Port State Control, which includes 
Marpol 73/78 among the relevant instruments 
compliance with which is required by inspections; Second and third recitals unchanged 
24. 11.90 Official Journal of the European Communities No C 294/13 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Article 1 
The purpose of this Directive is to require vessels 
entering or leaving Community ports carrying packages 
of dangerous goods to observe a number of minimum 
standards designed to improve shipping safety, safeguard 
human life and protect the marine environment. The purpose of this Directive is to require vessels 
entering or leaving Community ports carrying dangerous 
or polluting goods in packages to observe a number of 
minimum standards designed to improve shipping safety, 
safeguard human life and protect the marine 
environment. 
Article 2 
For the purposes of this Directive: 
— 'vessels concerned' means vessels carrying dangerous 
goods in packages, containers, mobile tankers, tanker 
lorries and tanker wagons; For the purposes of this Directive: 
— 'vessels concerned' means vessels entering or leaving 
Community ports and carrying dangerous or 
polluting goods in packages, containers, mobile 
tankers, tanker lorries and tanker wagons; 
— 'dangerous goods' means the substances, products, 
solutions, mixtures, etc. — 'dangerous or polluting goods': 
(a) substances, products, solutions, mixtures, etc. 
prescribed by the IMDG code (International 
maritime code on the transport of dangerous 
goods) on the entry into force of the Directive, 
(b) waste materials laid down in Council Directive 
75/442/EEC — as amended — to the extent that 
they fulfil the specifications and the criteria as 
defined in the IMDG code. 
Articles 3 and 4 unchanged 
Article 5 (i) 
(i) communicate to the competent authority of the 
Member State in which the port of berthing or 
departure is located, either directly or via agents 
representing their line, the information listed in 
Annex I to this Directive. This information must be 
submitted not later than 24 hours before the vessel 
berths or sets sail (or in good time for short-sea 
sailings); (i) communicate to the competent authority of the 
Member State in which the port of berthing or 
departure is located, either directly or via agents 
representing their line, the information listed in 
Annex I to this Directive. This information must be 
submitted not later than 24 hours before the vessel 
berths or sets sail (or in good time for short-sea 
sailings). This information shall be communicated on 
demand by the competent authority to port workers' 
representatives; 
No C 294/14 Official Journal of the European Communities 24. 11. 90 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Article 5 (ii) 
(ii) establish as soon as possible radiotelephone 
communication with the coastal radio stations in the 
Member State concerned — in particular with the 
nearest radar station, if there is one-and maintain 
such communication; (ii) establish as soon as possible radiotelephone 
communication with the coastal radio stations in the 
Member State concerned — in particular with the 
nearest radar station, or maritime emergency 
services, where they exist — and maintain such 
communication in conformity with the international 
rules normally applied; 
Article 5 (iv) 
(iv) avail themselves of the pilot services available on the 
spot and provide the pilot-and on request the 
competent authority in the Member State in which 
the port is located — with a check list based on the 
model in Annex II to this Directive plus a copy of 
the list or manifest mentioned in point 1.8 of Annex I. (iv) avail themselves of the pilot services available on the 
spot and provide the pilot — and on request the 
competent authority in the Member State in which 
the port is located — with a check list complying 
with the international regulations plus a copy of the 
list or manifest mentioned in point 1.8 of Annex I. 
An example of this last document shall be presented, 
before the ship sets sail, to the person or organ­
ization designated by the port authority of the 
Member State concerned. 
Article 5a 
(new) 
The shipping authorities of the Member States may 
prohibit movement by the vessels concerned where they 
consider that shipping safety, the safety of workers or 
the protection of the marine environment so requires. 
Article 5 b 
(new) 
The shipping authorities of the Member States may 
order the vessels concerned to follow certain courses or 
to take on board a pilot within their territorial waters. 
Article 6 
first indent 
any deficiencies or incidents which may decrease the 
normal safe manoeuvrability of the vessel, affect the 
safety and flow of traffic or constitute a real or 
potential hazard to the marine environment or 
coastal areas; any deficiencies or incidents which may decrease the 
normal safe manoeuvrability of the vessel, pose a risk 
to the health or safety of crews or land-based 
workers, affect the safety and flow of traffic or 
constitute a real or potential hazard to the marine 
environment or coastal areas; 
24. 11.90 Official Journal of the European Communities No C 294/15 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Article 6 
second indent 
any leak of dangerous goods within the vessel and 
any discharges at sea of such goods, particularly of 
goods listed in Annex 4.II. This notification must be 
based on the model set out in Annex 3. any leak of goods covered by this Directive within 
the vessel and any discharges at sea of such goods. 
This notification must be based on the IMO's 
standard procedures. 
Article 6a 
(new) 
Navigation in the territorial waters of the ships 
concerned may be forbidden or the presence of a pilot 
on board may be required when visibility is impaired 
and/or the sea is rough. 
Article 7 
Pilots engaged in the berthing or departure of the vessels 
concerned shall immediately inform the competent 
authority in the Member State in which the port is 
located whenever they learn of any deficiencies which 
may prejudice the safe navigation of the vessel or cause 
pollution of the marine environment. Pilots engaged in the berthing or departure of the vessels 
concerned shall immediately inform the competent 
authority in the Member State in which the port is 
located whenever they learn of any deficiencies which 
may prejudice the safe navigation of the vessel, pose a 
risk to the health or safety of crews and land-based 
workers or cause pollution of the marine environment. 
Articles 7, 8 and 9 unchanged 
Article 10a 
(new) 
1. The Commission shall take the necessary measures 
to: 
— adapt this Directive in the light of scientific-technical 
progress, in the fields concerned by its scope, 
take into account the future amendments of the 
IMDG mentioned in Article 2. 
For this purpose the Commission shall be assisted by an 
Advisory Committee composed of representatives from 
Member States and chaired by the Commission. 
No C 294/16 Official Journal of the European Communities 24. 11. 90 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
2. The Commission representative shall submit to the 
Committee a draft of the measures to be taken. The 
Committee shall give its opinion on the draft within a 
deadline to be fixed by the Chairman in the light of the 
urgency of the point at issue, and if necessary proceed to 
a vote. 
3. The opinion shall be written into the minutes: 
further, each Member State shall have the right to 
request that its proposal is recorded in the minutes. 
4. The Commission shall be guided as far as possible 
by the Committee's opinion and shall inform the 
Committee how its advice has been followed. 
ANNEX I: Title 
Information on vessels carrying packages of dangerous goods Information on vessels carrying dangerous goods or harmful 
substances in packaged forms 
Points 1.1. to 1.6 unchanged 
1.7. Precise nature of the dangerous goods carried, based on 1.7. Precise nature of the substances carried, in accordance with 
the lists set out in Annexes 4, 4a and 4b, numbers and the provisions of the nomenclature of the IMDG code, 
quantities involved and location on the vessel numbers and quantities involved and location on the vessel 
Point 1.8 unchanged 
ANNEX II 
Check list for vessels carrying packages of dangerous goods Check list for vessels carrying dangerous goods or harmful 
substances in packaged forms 
A. Vessel identification A. Vessel identification 
Name of vessel: Name of vessel: 
Flag: Flag: 
Port of registry: Port of registry: 
Vessel's international call sign, if available: 
Remainder unchanged 
Annexes III and IV deleted