14. 6. 89 Official Journal of the European Communities No C 147/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive concerning minimum requirements for vessels entering or 
leaving Community ports carrying packages of dangerous or polluting goods 
COM(89) 07 final 
(Submitted by the Commission on 24 May 1989) 
(89/C 147/03) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 84 (2) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
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 it is necessary to minimize the risk of such 
accidents with their potential of seriously injuring any 
person coming into contact with the goods and 
damaging the marine environment; 
Whereas the accident risk is far higher with vessels in 
coastal waters, straits and the approaches to ports; 
Whereas once polluting goods have entered the marine 
environment it is difficult and costly to avoid pollution; 
whereas, therefore, efforts must concentrate on the 
means to be deployed to avoid conditions likely to cause 
accidents of this type; 
Whereas observance of certain navigation standards 
would help to reduce the accident risk; 
Whereas the port authorities must be informed in good 
time of the dangerous nature of the goods loaded, 
unloaded or moved in their port so that they can take all 
the necessary measures considering the dangerous nature 
of those goods, HAS ADOPTED THIS DIRECTIVE: 
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. 
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, 
— 'dangerous goods' means the substances, products, 
solutions and mixtures listed in Annex FVM to this 
Directive. 
Article 3 
Member States shall designate and inform the 
Commission of the competent authority or authorities to 
which to address the information and notifications 
provided for by this Directive. 
Article 4 
Member States shall take all necessary and appropriate 
measures to ensure that the vessels concerned entering or 
leaving Community ports observe the minimum 
requirements set out in Articles 5, 6, 7 and 8 of this 
Directive. 
Article 5 
The vessels concerned shall: 
(i) communicate to the competent authority in the 
Member State in which the port of berthing or 
No C 147/4 Official Journal of the European Communities 14. 6. 89 
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); 
(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; 
(iii) make use of the services provided by the radar 
stations, especially in conditions of restricted 
visibility, or by the local VTS if there is one; 
(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. 
Article 6 
Before entering the territorial waters of a Member State 
or, if they are already there, immediately, the vessels 
concerned shall notify the competent authorities in the 
Member State or Member States concerned of: 
— any deficiencies or incidents which may decrease the 
normal safe manoeuvrability of the vessel, affect the 
safety and flow of traffic or constitute real or 
potential hazard to the marine environment or 
coastal areas, 
— any leak of dangerous goods within the vessel and 
any discharges at sea of such goods, particularly of 
goods listed in Annex IV.II. This notification must be 
based on the model set out in Annex III. 
Article 7 
Pilots engaged in the berthing or departure of the vessels 
concerned shal 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. Article 8 
The shipping authorities in the coastal State shall inform 
all vessels sailing in their territorial waters, an likely to 
be concerned, of the presence in the area of vessels 
known to be carrying dangerous goods and shall alert 
them to keep a closer watch and adopt the most appro­
priate measures called for by the presence of these vessels 
and by the dangerous nature of their cargo. 
Article 9 
The provisions laid down in this Directive shall not apply 
to: 
(a) warships and other official vessels used for 
non-commercial purposes; 
(b) stores and equipment for use on board vessels. 
Article 10 
Whenever appropriate, the Council shall decide, on a 
proposal from the Commission, on the system to replace 
the information and notification procedure introduced 
by this Directive in the light of technological progress in 
information exchanges between vessels and shore-based 
installations. 
Article 11 
1. The Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive no later than ... and shall 
forthwith inform the Commission thereof. 
2. The Member States shall communicate to the 
Commission no later than ... the text of the basic 
provisions of national law which they adopt in the field 
covered by this Directive. 
3. The provisions adopted pursuant to the first sub­
paragraph shall make express reference to this Directive. 
Article 12 
This Directive is addressed to the Member States. 
t^D ^ ^fici^ljourn^lof rh^Euron^^nC^ornrnunin^ ^ooet^B^ 
tnformationonvessels carrying packages of dangerousgoods^ 
1.1. ^tame and call sign of the vessel 
1.^. nationality of the vessel 
1.^. Length and draught of the vessel 
1.4. Port of destination 
1.5. Estimated time of arrival at the port of destination or pilot station, as required by competent authority 
l.D. Estimated time of departure 
1.7. Precisenatureof thedangerousgoodscarried,basedonthe listsset out in Annexes 4, 4aand4b, 
numbers and quantities involved and location on the vessel 
1.8. Confirmation that a list or manifest or appropriate loading plan is on board giving details of the 
dangerous goods carried and of their location on the vessel 
No C 147/6 Official Journal of the European Communities 14. 6. 89 
ANNEX II 
Checklist for vessels carrying packages of dangerous goods 
A. Vessel identification 
Name of vessel: Owner: Year built: 
Flag: Call sign: Gross tonnage: 
Port of registry: Length overall: 
Classification society: 
Class notation: Machinery 
Propulsion machinery: Output: 
Agent: 
Draught: Forward: Amidships: Aft: 
Nature: 
Kind of cargo loaded (according to loading plan): Volume of cargo loaded: 
B. Safety installations aboard 
In good working order Deficiencies: 
Yes No 
1. Construction and technical equipment: 
Main and auxiliary engines: 
Main steering gear: 
Auxiliary steering gear: 
Anchor gear: 
Fixed fire-extinguishing system: 
2. Navigational equipment: 
Manoeuvring characteristics available: 
First radar installation: 
Second radar installation: 
Gyro compass: 
Standard magnetic compass: 
Radio direction-finding apparatus: . . 
Echo-sounding device: 
Other electronic position-fixing aids: 
3. Radio equipment: 
Radiotelegraphy installation: 
Radiotelephony installation (VHF): 
14. 6. 89 Official Journal of the European Communities No C 147/7 
C. Safety certificates and other documents 
Certificates/documents valid on board 
Yes No 
Cargo ship safety construction certificate: 
Cargo ship safety equipment certificate: 
Cargo ship safety radiotelegraphy certificate: 
Cargo ship safety radiotelephony certificate: 
Load line certificate: 
Classification certificate: 
Pollution risk insurance certificate: 
D. Officers and ratings 
Certificate of competency (detailed description and serial 
number) Name, place, country of issuing authority: Yes No 
Master 
Chief mate 
Second mate 
Third mate 
Chief engineer 
First engineer officer 
Second enigneer officer 
Third engineer officer 
Radio officer 
Total number of ratings: Deck: Engine room: 
Deep-sea pilot taken aboard: 
Date Signature of the master or, if he is indisposed, of the 
deputy 
No C 147/8 Official Journal of the European Communities 14. 6. 89 
ANNEX III 
Detailed notification 
A. Name, call sign or identity of the ship's station and flag 
B. Date and time of incident 
C. Position 
D. Name of stations/frequencies 
E. Maximum draught (in metres), vessel length and width, gross tonnage, class 
F. Description of the dangerous goods lost at sea 
— exact technical designation of the goods 
— name of makers if known, or of the consignor or consignee 
— description of the packaging, including any identification marks, specifying whether the goods were 
transported in a mobile tanker or tanker vehicle or in packages in a vehicle, container or other unit 
— estimated quantity and likely state of the goods 
— details of whether the goods lost floated or sank 
— details of whether the losses were stopped 
— cause of the loss 
— estimated path of the goods discharged or lost, indicating the currents, where known, and sea 
conditions 
G. Meteorological conditions 
H. Full name and address of the vessel owner and/or his representative 
I. Doctors or nurses on board 
J. Assistance requested from or given by other vessels or bodies 
14. 6. 89 Official Journal of the European Communities No C 147/9 
ANNEX IV 
I. Dangerous goods covered by this Directive 
Explosives 
Gases: compressed, liquefied or dissolved under pressure 
Flammable liquids 
Flammable solids and other substances liable to spontaneous combustion 
Flammable solids and other substances releasing flammable gases on contact with water 
Oxidizing substances 
Organic peroxides 
Toxic substances and infectious materials 
Radioactive materials with a specific activity greater than 0,002 microcuries per gram 
Corrosives 
Polluting substances on the list set out in Annex IV.II 
Wastes on the list set out in Annex IV.III 
Miscellaneous dangerous sustances, that is, any other substance which experience has shown, or may show, 
to be of such a dangerous character that the provisions of this Directive ought to apply to it 
No C 147/10 Official Journal of the European Communities 14. 6. 89 
II. List of polluting substances 
Acetone cyanohydrin, stabilized 
Acrolein, stabilized 
Aldrin 
Ammonium arsenate 
Antiknock mixtures for motor fuels 
Antimony compounds, inorganic, nos 
Antimony lactate 
Antimony pentachloride, liquid 
Antimony pentachloride, solid 
Antimony pentafluoride 
Antimony potassium tartrate 
Antimony trichloride, (a) solid 
Antimony trichloride, (b) liquid 
Arsenic 
Arsenic acid, liquid 
Arsenic acid, solid 
Arsenic bromide 
Arsenic compounds 
Arsenic compounds, liquid, nos 
Arsenic compounds, solid, nos 
Arsenic pentoxide 
Arsenic trichloride 
Arsenic trioxide 
Azinphos-methyl 
Barium compounds, nos 
Barium cyanide 
Benzyl chloroformate 
Butylphenols, liquid 
Butylphenols, solid 
Butyltoluenes 
Cacodylic acid 
Cadmium compounds 
Calcium arsenate 
Calcium arsenate and calcium arsenite, mixtures, solid 
Campheclor 
Camphor oil 
Carbaryl 
Carbophenothion 
Chlorine 
Chloroditrobenzene 
Chloronitroanilines 
Chlorophenols, liquid 
Chlorophenols, solid 
Chlorophenyltrichlorosilane 
Chlorotoluenes (o-, tn-, p-) 
Chromyl chloride 
Cocculus, solid 
Copper acetoarsenite 
Copper arsenite 
Copper cyanide 
Cresols (o-, tn-, p-) 
Cupriethylenediamie solution 
Cyanogen bromide 
Cyanogen chloride, stabilized 
DDT 
Diazinon 
Dichloroanilines 
Dichloroethyl ether 
Dichlorophenols, liquid 
Dichlorophenols, solid 
Dichlorophenyltrichlorosilane 
Dichlorvos 
Dimethoate 
Dinitro-o-cresol, liquid 
Dinitro-o-cresol, solid 
Dinitrophenol solutions, in water or in a flammable liquid 
Diphenylamine chloroarsine 
Diphenylchloroarsine Disulfoton 
DNOC 
Endosulfan 
Endrin 
Ethyl acrylate, stabilized 
Ethyldichloroarsine 
Ferric arsenate 
Ferric arsenite 
Ferrous arsenate 
Heptachlor 
Hexachlorobutadiene 
Hexaethyl tetraphosphate 
Hydrocyanic acid, aqueous solutions with not more than 2 % 
hydrocyanic acid 
Hydrogen cyanide, anhydrous, stabilized 
Hydrogen cyanide, anhydrous, stabilized, absorbed in a porous 
inert material 
Isopropenylbenzene 
Lead acetate 
Lead arsenates 
Lead arsenites 
Lead compounds, soluble, nos 
Lead cyanide 
Lead nitrate 
Lead perchlorate 
Lindane 
Magnesium arsenate 
Maneb or maneb preparations, stabilized against self-heating 
Maneb or maneb preparations with not less than 60 % maneb 
Mercuric arsenate 
Mercuric chloride 
Mercuric nitrate 
Mercuric potassium cyanide 
Mercuric sulphate 
Mercurous nitrate 
Mercurous sulphate 
Mercury acetates 
Mercury ammonium chloride 
Mercury benzoate 
Mercury bisulphate 
Mercury bromides 
Mercury cyanide 
Mercury gluconate 
Mercury iodide 
Mercury oleate 
Mercury oxide 
Mercury oxycyanide, desensitized 
Mercury potassium, iodide 
Mercury salicylate 
Mercury thiocyanate 
alpha-Methylstyrene 
Mevinphos 
Naphtalene, crude or refined 
Naphtalene, molten 
Nickel cyanide 
Nickel tetracarbonyl 
Nitrobenzylidene fluorides 
3-Nitro 4-chloro benzylidene fluoride 
Nitrocresols 
Nitroxylenes 
Osmium tetroxide 
Parathion 
Parathion-methyl 
Perchloromethyl mercaptan 
Phenylmercuric hydroxide 
Phenylmercuric nitrate 
Phorate 
Phosphorus, white, molten 
14. 6. 89 Official Journal of the European Communities No C 147/11 
Phosphorus, white or yellow, (a) dry 
Phosphorus, white or yellow, (b) under water 
Polychlorinated biphenyls 
Potassium arsenate 
Potassium arsenite 
Potassium cyanide 
Selenic acid 
Silver arsenite 
Silver cyanide 
Sodium arsanilate 
Sodium arsenate 
Sodium arsenite 
Sodium arsenite, aqueous solutions 
Sodium arsenite, solid 
Sodium cacodylate 
Sodium cuprocyanide, solid 
Sodium cyanide 
Sodium pentachlorophenate 
Strontium arsenite Strychnine 
Sulfotep 
TEPP (tetraethyl pyrophospate) 
Teraethyl dithiopyrophosphate, solid, liquid or mixtures 
Tetraethyl lead 
Tetramethyl lead 
Thallium chlorate 
Thallium compounds, nos 
Thallium nitrate 
Thallium sulphate 
Tricresyl phosphate with more than 3 % ortho isomer 
Vinyltoluenes, stabilized, mixed isomers 
Zinc arsenate, zinc arsenite or zinc arsenate and zinc arsenite 
mixtures 
Zinc chloride, anhydrous 
Zinc chloride, solution 
Zinc cyanide 
Zinc phosphide 
III. Generic types of dangerous wastes (wastes may be in liquid, sludge or solid form) 
Part A 
Wastes consisting of, derived from or residues of: 
— Anatomical substances; hospital wastes or wastes from other medical activities 
— Pharmaceuticals, drugs, medicines and veterinary compounds 
— Wood preservatives 
— Biocides and plant-protection substances 
— Residues from substances employed as solvents 
— Halogenated organic substances not employed as solvents 
— Quenching salts containing cyanide 
— Oils and oily substances, e.g. cutting sludges 
— Oil/water and hydrocarbon/water mixtures and emulsions 
— Substances containing PCBs and/or PCTs, e.g. dielectrics 
— Tarry materials arising from refining, distillation and any pyrolytic treatment, e.g. stillslag 
— Inks, dyes, pigments, paints, lacquers and varnishes 
— Resins, latex, plasticizers, glues/adhesives 
— Chemical substances arising from research and developments or teaching activities which are not 
identified and/or are new and whose effects on man and/or the environment are not known, e.g. 
laboratory wastes 
— Pyrotechnics and propellant materials 
— Materials from photographic laboratories 
— Any material contaminated with any congenor of polychlorinated dibenzo-furan 
— Any material contaminated with any congenor of polychlorinated dibenzo-p-dioxin 
— Any other wastes containing any of the substances referred to in Part B 
No C 147/12 Official Journal of the European Communities 14. 6. 89 
Part B 
Wastes having as constituents: 
— Beryllium, beryllium compounds 
— Vanadium compounds 
— Chormium (VI) compounds 
— Cobalt compounds 
— Nickel compounds 
— Copper compounds 
— Zinc compounds 
— Arsenic; arsenic compounds 
— Selenium; selenium compounds 
— Silver compounds 
— Cadmium; cadmium compounds 
— Tin compounds 
— Antimony; antimony compounds 
— Tellurium; tellurium compounds 
— Barium compounds, excluding barium sulphate 
— Mercury; mercury compounds 
— Thallium; thallium compounds 
— Lead; lead compounds 
— Inorganic sulphides 
— Inorganic fluorine compounds, excluding calcium fluoride 
— Inorganic cyanides 
— The following alkaline or alkaline earth metals; 
lithium, sodium, potassium, calcium, magnesium in uncombined form 
— Acidic solutions or solids 
— Basic solutions or solids 
— Asbestos (dust and fibres) 
— Phosphorus, phosphorus compounds, excluding mineral phosphates 
— Metal carbonyls 
— Peroxides 
— Chlorates 
— Perchlorates 
— Azides 
— PCBs and/or PCTs 
— Pharmaceutical and veterinary compounds 
— Biocides and plant protection products, e.g. pesticides 
— Infectious substances 
— Creosotes 
— Isocyanates and thiocyanates 
— Organic cyanides, e.g. nitriles 
— Phenols; phenol compounds 
— Halogenated solvents 
14. 6. 89 Official Journal of the European Communities No C 147/13 
— Organic solvents, excluding halogenated solvents 
— Organohalogen compounds, excluding inert polymerized materials and other substances referred to in 
this Annex 
— Aromatic compounds; polycyclic and heterocyclic organic compounds 
— Aromatic amines 
— Ethers 
— Substances of an explosive character, excluding substances referred to elsewhere in this Annex 
— Any congenor of polychlorinated dibenzo-/>-dioxin 
— Hydrocarbons and their compounds with oxygen, nitrogen and/or sulphur not specifically referred to 
in Part B