Proposal for a Council Directive setting up a harmonized safety regime for fishing vessels of 24 metres in length and over (96/C 292/02) (Text with EEA relevance) COM(96) 255 final - 96/168(SYN) (Submitted by the Commission on 12 July 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189c of the Treaty,

Whereas Community action in the sector of maritime transport should aim at the improvement of maritime safety;

Whereas the 1993 Torremolinos Protocol on the Safety of Fishing Vessels has been adopted on 2 April 1993;

Whereas the enforcement of this Protocol at Community level for fishing vessels flying the flag or operating in the internal or territorial waters 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 legislations do not yet meet the safety level established by the Protocol; whereas such a common safety level will harmonize the different and varying national safety requirements ensuring that competition will take place on an equal level for fishing vessels operating in the same area without compromising on safety standards; whereas action by the Community is therefore necessary;

Whereas several important chapters of the Protocol apply 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 gap between the latter and smaller fishing vessels of 24 metres in length and over but less than 45 metres, and distort competition to the prejudice of fishing vessels flying the flag of those Member States which already apply comparable high safety standards to such smaller fishing vessels;

Whereas the Directive responds to Article 3 (5) of the Protocol, which encourages States to establish uniform standards for fishing vessels of 24 metres in length and over but less than the length limit prescribed for the application of certain chapters of the Annex to the Protocol, operating in the same area or region, in order to apply these chapters to such vessels, taking into account the type, size and mode of operation of such vessels, as well as the sheltered nature and climatic conditions in such area or region;

Whereas the aim must be pursued of applying the safety rules of this Directive to all fishing vessels with a length of 24 metres and over operating in the fishing zones of the Community, irrespective of the flag they fly; whereas this must be achieved for fishing vessels flying the flag of third States through appropriate fishery agreements with the concerned third States.

Whereas the relevant provisions of Council Directives adopted under the social policy of the Community must continue to apply.

Whereas Member States shall apply to new, and where required to existing, fishing vessels of 45 metres in length and over the provisions of the Annex to the 1993 Torremolinos Protocol by 1 January 1998, together with the harmonized interpretations, footnotes and Conference recommendations, and relevant International Maritime Organization resolutions and circulars and taking account of the relevant provisions listed in Annex I; whereas Member States shall apply also the provisions of Chapters IV, V, VII and IX of the Annex to the 1993 Torremolinos Protocol, as adapted by Annex II, to all new vessels of 24 metres in length and over but less than 45 metres flying their flag;

Whereas specific requirements can be justified for reasons relating to the exposed or sheltered nature of the waters certain fishing vessels operate in, the length of their journeys, their construction materials and the distance from the coast at which they operate, as listed in Annex III; whereas such provisions have been developed for operation respectively in the northern and southern zones;

Whereas fishing vessels flying the flag of third States shall not be allowed to operate in the internal or territorial waters of a Member State or to land their catch in a Member State's port, and therefore compete with vessels flying the flag of a Member State, unless their flag State has certified that they comply with the technical provisions laid down in this Directive;

Whereas marine equipment, listed in Annex A.1 to and complying with the requirements of the Council directive on marine equipment, when installed on board fishing vessels should be automatically recognized to be in conformity with the specific provisions imposed on such equipment in this Directive;

Whereas Member States could encounter local circumstances which justify the application of additional measures to all fishing vessels operating in a specific area; whereas in such cases they may request the Commission to adopt such measures; whereas the Commission shall, where appropriate, adopt such measures and insert them in Annex III, acting through a committee procedure.

Whereas Member States may consider it appropriate to adopt exemptions from the provisions of the Annex to the 1993 Torremolinos Protocol for fishing vessels operating under precise operational limitations; whereas they are entitled to adopt such measures provided the Commission, acting through the same committee procedure, does not oppose them within six months from the notification of such proposals to the Commission;

Whereas the same procedure should apply where a Member State considers that equivalent requirements to those laid down in the Annex to the 1993 Torremolinos Protocol are to be accepted;

Whereas such exemptions or equivalents must be communicated by the Commission to the other Member States, and must be applied in a non-discriminatory manner;

Whereas at present there are no uniform international technical standards to which all new fishing vessels must conform at the building stage and during their entire lifetime, as regards their hull strength, main and auxiliary machinery and electrical and automatic plants; whereas such standards may be fixed according to the rules of recognized organizations or to equivalent standards to be decided by the national administrations, under the same terms and procedures as have been laid down in Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations;

Whereas it is necessary for the Member States to issue a certificate of compliance to fishing vessels which comply with the specific requirements of this Directive;

Whereas, in order to alleviate as much as possible any distortion of competition, Member States acting as port States must apply the provisions of the Annex to the 1993 Torremolinos Protocol to all fishing vessels flying the flag of a third State once the Protocol has entered into force for the flag State in question;

Whereas the Commission must be allowed to amend the Directive in order to take account of progress on the safety of fishing vessels at Community or at international level; whereas the Member States must be involved in this process through their participation in an advisory committee; whereas the Committee set up in Article 12 of Council Directive 93/75/EC can assume such an advisory function;

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 1993 Torremolinos Protocol applies to the latter, and - flying the flag of a Member State and registered in the Community, or - operating in the internal or territorial waters of a Member State,

- or landing their catch in the port of a Member State.

2. This Directive is without prejudice to the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1), its individual directives and, in particular Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC (2).

Article 2

Definitions

For the purpose of this Directive including its Annexes:

1. 'fishing vessel` means any vessel equipped and used for commercial purposes either for catching or catching and processing fish or other living resources of the sea;

2. 'new fishing vessel` means a fishing vessel for which:

(a) on or after 1 January 1998 the building or major conversion contract is placed; or

(b) the building or major conversion contract has been placed before 1 January 1998, 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 1998:

(i) the keel is laid; or

(ii) construction identifiable with a specific ship begins; or

(iii) assembly has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less;

3. 'existing fishing vessel` means a fishing vessel which is not a new fishing vessel;

4. 'Torremolinos Protocol` means the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (3), together with the amendments thereto [and related resolutions of mandatory status adopted by the International Maritime Organization (IMO) at the date of adoption of this Directive and listed in Annex V];

5. 'Torremolinos Convention` means the Torremolinos International Convention for the Safety of Fishing Vessels, 1977;

6. 'Certificate` means the Certificate of Compliance referred to in Article 8;

7. 'length` means, unless expressly 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 axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;

8. 'operating` means catching or catching and processing fish or other living resources of the sea without prejudice of the right of innocent passage in the territorial sea and the freedom of navigation in the 200-mile fishing zone;

9. 'recognized organization` means an organization recognized in conformity with Article 4 of Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations (4).

Article 3

General requirements

1. Member States shall ensure that the provisions of the Annex to the Torremolinos Protocol, unless otherwise provided for in Annex I, are applied to fishing vessels flying their flag by 1 January 1998 at the latest.

2. As far as the requirements of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol which are applicable to vessels of 45 metres in length and over do not apply to vessels of less than 45 metres in length, and unless otherwise provided for in Annex II, Member States shall ensure that they are applied by 1 January 1998 at the latest to new fishing vessels of 24 metres in length and over but less than 45 metres, flying their flag.

3. However, Member States shall ensure that vessels flying their flag operating in specific areas shall comply with the provisions for the relevant areas, as defined in Annex III.

4. Member States shall prohibit fishing vessels flying the flag of a third State to operate in their internal or territorial waters or to land their catch in their ports unless they are certified by their flag State administration to comply with the requirements referred to in paragraphs 1, 2 and 3 and in Article 7.

5. Marine equipment, listed in Annex A.1 to the Council Directive on marine equipment (1) and complying with the requirements of the latter, when placed on board a fishing vessel to comply with the provisions of this Directive, shall be automatically 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 administration of the flag State.

Article 4

Specific requirements

1. Member States which consider that local circumstances or the vessel's particulars require specific safety measures for fishing vessels operating in a certain area, may submit to the Commission a request for adoption of such specific safety measures taking account of local circumstances such as the exposed nature of the waters these vessels operate in and the length of their journeys, or their particulars, such as their construction material. The measures shall be compatible with the principles of the EC Treaty concerning the free movement of goods and services.

2. The Commission shall decide upon such requests in accordance with the procedure laid down in Article 11 (2).

The measures adopted shall be added in Annex III.

Article 5

Exemptions Member States shall apply the provisions of Regulation 3 paragraph 3 of Chapter 1 of the Annex to the Torremolinos Protocol, for adopting measures containing exemptions, in accordance with the following procedure:

(a) The Member State which avails itself of the provision of this Article shall notify the Commission of the measures it intends to adopt, including particulars to the extent necessary to confirm that the level of safety is adequately maintained.

Any such measure shall be applicable to all fishing vessels operating under the same specified conditions and shall not be limited to ships of a specified flag or operator or operators. The measures shall be compatible with the principles of the EC Treaty concerning the free movement of goods and services.

If within a period of six months from the notification the Commission, acting in accordance with the procedure laid down in Article 11 (2), considers that the proposed measures are not justified, it may require the said Member State to amend or not to adopt the proposed measures. Within that period and before the decision of the Commission, the Member State shall not adopt the proposed measures.

(b) Member States shall specify such adopted measures in the relevant national legislation and communicate them to the Commission, which shall inform the other Member States of all the particulars thereof.

The measures shall only be applicable as long as the fishing vessel is operating under the specified conditions.

Article 6

Equivalents Member States may adopt measures allowing equivalents in accordance with Regulation 4 (1) of Chapter 1 of the Annex to the Torremolinos Protocol, subject to the procedure laid down in Article 5 (a) and (b).

Article 7

Design, construction and maintenance standards

The design, construction and maintenance of hull strength, main and auxiliary machinery, electrical and automatic plants of new and existing fishing vessels of 24 metres in length and over shall comply with the standard specified for classification by the rules of a recognized organization or equivalent rules in accordance with the procedure and subject to the conditions laid down in Article 14 (2) of Directive 94/57/EC.

Article 8

Surveys and certificates 1. Member States shall issue to fishing vessels flying their flag and complying with the requirements of Articles 3 and 7, a certificate of compliance with the terms of this Directive, supplemented by a record of equipment and, where appropriate, exemption certificates. The certificate of compliance, Record of Equipment and exemption certificate shall have a format as laid down in Annex IV. The certificates shall be issued by the administration of the flag State after an initial survey, carried out by the exclusive surveyors either of the administration of the flag State itself or of a recognized organization, in accordance with the provisions of Regulation 6 (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 of the Annex to the Torremolinos Protocol. Renewal of the certificate of compliance, shall be issued after periodical surveys, in accordance with Regulation 6 of Chapter 1 of the Annex to the Torremolinos Protocol, have been carried out.

Article 9

Port State control provisions

1. In exercising their inspection rights and obligations as port States, Member States shall ensure, in accordance with the provisions of Article 4 of the Torremolinos Protocol and without discrimination with regard to flag or nationality of the operator, that fishing vessels operating in their internal or territorial waters or landing catch in their ports comply with the requirements of this Directive.

2. However, Member States shall not apply the provisions of Article 3 (4) to a fishing vessel flying the flag of a third State which is not operating in their internal or territorial waters nor landing its catch in their ports. Nevertheless, Member States shall apply to such vessels the provisions of the Torremolinos Protocol once it has entered into force for the State whose flag the ship flies.

Article 10

Amendments

In accordance with the procedure laid down in Article 11 (2) the Commission may:

(a) adopt and incorporate provisions for:

- a harmonized interpretation of provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties,

- the application of Torremolinos 1993 Conference recommendations and 'footnotes`,

- the implementation of IMO resolutions and circulars relevant for a coherent application of the Torremolinos Protocol;

(b) without prejudice to the procedures for amending the Torremolinos Protocol, amend the Directive and its Annexes, to ensure the application, for the purpose of this Directive, of subsequent amendments to the Torremolinos Protocol which have entered into force after the adoption of this Directive.

Article 11

Advisory Committee

1. The Commission shall be assisted by the Committee established by Article 12 (1) of Council Directive 93/75/EC (1).

2. Where reference is made to this paragraph, the following procedure shall apply:

(a) the representative of the Commission shall submit to the Committee referred to in paragraph 1 a draft of the measures to be taken;

(b) the Committee shall deliver its opinion within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote;

(c) the opinion shall be recorded in the minutes; in addition each Member State shall have the right to have its position recorded in the minutes;

(d) the Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

Article 12

Notification to IMO

The Commission shall inform the International Maritime Organization of the adoption of this Directive, whereby reference shall be made to Article 3 (5) of the Torremolinos Protocol.

Article 13

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1998. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.

2. 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. The penalties thus provided for shall be effective, proportionate and dissuasive.

3. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.

Article 14

This Directive is addressed to the Member States.

Article 15

This Directive shall enter into force on the 20th day after its publication, in the Official Journal of the European Communities.

(1) OJ No L 183, 29. 6. 1989, p. 1.

(2) OJ No L 307, 13. 12. 1993, p. 1.

(3) Published by the International Maritime Organization (IMO-793E).

(4) OJ No L 319, 12. 12. 1994, p. 20.

(1) Proposal for a Council Directive to be adopted by the Council in 1996.

(1) Directive 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. 10).

ANNEX I

ADAPTATION OF PROVISIONS OF THE ANNEX TO THE 1993 TORREMOLINOS PROTOCOL FOR APPLICATION OF ARTICLE 3 (1) OF COUNCIL DIRECTIVE . ./. . EC

CHAPTER I General provisions

Regulation 2: Definitions

Paragraph 1 'New vessel` has to be replaced by the definition of 'new vessel` contained in Article 2.

CHAPTER V Fire protection, fire detection, fire extinction and fire fighting

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:

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CHAPTER VII Life-saving appliances and arrangements

Regulation 1: Application Paragraph 2 to 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: Radio life-saving appliances

Paragraph 2 to read as follows:

'Two-way VHF radiotelephone apparatus provided on board existing vessels and not complying with the performance standards adopted by the Organization 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.`

CHAPTER IX Radiocommunications

Regulation 1: Application

Paragraph 1 to read as follows:

'Unless expressly provided otherwise, this chapter shall apply to new and existing vessels of 45 metres in length and over. However, for existing vessels, the administration may defer the implementation 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.`

ANNEX II

ADAPTATION OF PROVISIONS OF CHAPTERS IV, V, VII AND IX OF THE ANNEX TO THE 1993 TORREMOLINOS PROTOCOL, IN ACCORDANCE WITH ARTICLE 3 (4) OF THE LATTER, FOR APPLICATION TO NEW FISHING VESSELS WITH A LENGTH OF 24 METRES AND OVER BUT LESS THAN 45 METRES

CHAPTER IV

Regulation 1

Regulation 1 to read as follows:

'Unless expressly provided otherwise, this chapter shall apply to new fishing vessels of 24 metres in length and over.`

Regulation 7

Regulation 7 to be read with the following addition:

(cfr. Regulation 45 of the Annex to the 1977 Torremolinos Convention):

'Two separate means of communication ... shall be provided one of which shall be an engine room telegraph, except that in vessel of less than 45 metres in length, where the propulsion machinery is directly controlled from the wheelhouse, the administration may accept means of communication other than an engine room telegraph.`

Regulation 8

Paragraph 1 (d), to be read with the following addition:

(cfr. Regulation 46 of the Annex to the 1977 Torremolinos Convention):

'... or control room. On vessels of less than 45 metres in length the administration 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

Paragraph 1 (b) to be read with the following addition:

(cfr. Regulation 54 (1)(b) of the Annex to the 1977 Torremolinos Convention):

'... 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 vessel.`

Regulation 17

Paragraph 6 to be read with the following insertion:

(cfr. Regulation 55 (6) of the Annex to the 1977 Torremolinos Convention):

'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

Paragraph 2 (a) to be read with the following addition:

(cfr. Regulation 60 (2) (a) of the Annex to the Torremolinos Convention):

'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:

(cfr. Regulation 60 (2) (b) of the Annex to the 1977 Torremolinos Convention):

'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:

(cfr. Regulation 60 (2) (c) of the Annex to the 1977 Torremolinos Convention):

'In vessels of 45 metres in length and over an engineer's alarm ...`.

CHAPTER V

Regulation 2

Paragraph 14 (b) to be read with the following addition:

(cfr. Regulation 2 (45) (b) of the Annex to the 1977 Torremolinos Convention):

'... not less than 375 kilowatts.`

Part C

Replace the title as follows:

'Part C - Fire safety measures in vessels of less than 60 metres in length`.

Regulation 40

Paragraph 1 (a) to be read with the following change:

(cfr. Regulation 101 of the Annex to the 1977 Torremolinos Convention)

'... of not less than 375 Kilowatts ...`.

CHAPTER VII

Regulation 1

Paragraph 1 to be read with the following changes:

'1. Unless expressly provided otherwise, this chapter shall apply to new vessels of 24 metres in length and over.`

Regulation 5

1. Beginning of paragraph 3 to read as follows:

(cfr. Regulation 110 of the Annex to the 1977 Torremolinos Convention):

'Vessels of less than 75 metres in length but of 45 metres in length and over shall comply with the following:`

2. Insert a new paragraph 3a as follows:

(cfr. text of paragraph 4 (a) and (b) of Regulation 110 of the Annex to the 1977 Torremolinos Convention):

'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 unnecessary.` 3. Read paragraph 4, with the following addition:

'In lieu of meeting the requirements of paragraphs 2 (a), 3 (a) and 3a (a), vessels may carry ...`.

Regulation 10

1. Read subparagraph 1 (b) as follows:

(cfr. Regulation 119 (1) (b) of the Annex to the 1977 Torremolinos Convention):

'6 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:

(cfr. Regulation 119 (1) (c) of the Annex to the 1977 Torremolinos Convention):

'4 lifebuoys in vessels of less than 45 metres in length.`

Regulation 13

Insert a new paragraph 1a 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 account the operation area of the vessel and the number of persons employed on board;`.

Paragraph 2 to read as follows:

'Two-way VHF radiotelephone apparatus provided on board existing vessels and not complying with the performance standards adopted by the Organization 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.`

Regulation 14

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

Regulation 1

Paragraph 1 to read as follows:

'Unless expressly 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. However, for existing vessels, the Administration may defer the implementation of the requirements until 1 February 1999.`

Regulation 3: Exemptions

Paragraph 2 (c) to read as follows:

'when the vessel will be taken permanently out of service before 1 February 2001.`

ANNEX III

REGIONAL AND LOCAL PROVISIONS (ARTICLES 3 (3) AND 4 (1)

1. 'Northern` regional provisions

1.1. Area of application

Unless expressly mentioned otherwise elsewhere, the waters north of latitude 60 ° N, excluding the Baltic Sea.

1.2. Definitions

'Heavy drift ice` is drift ice covering 8/10 or more of the sea surface.

1.3. ad 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.`

1.4. ad 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 boundaries shown 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 63 ° N, between longitude 28 ° W and longitude 11 ° W:

(a) 40 kilogrammes per square metre on exposed weather decks and gangways;

(b) 10 kilogrammes per square metre for projected lateral area of each side of the vessel above the water plane.`

1.5. ad Chapter VII, Part B (new provision)

'In addition to the provisions of Chapter VII, Part B, every lifeboat, rescue boat and liferaft shall contain an approved emergency position indicating radio beacon (EPIRB), operating on the frequencies 121,5 and 406 MHz, permanently stowed in each boat and raft. Alternatively for inflatable liferafts towed in sealed containers and rescue boats the EPIRB's may be Stowed in such locations that they can be rapidly placed in each of the liferafts once these are inflated, as well as in the rescue boats.`.

1.6. ad Regulation VII/5 (2) (b) and (3) (b) (Number and types of survival crafts and rescue boats) 'Notwithstanding the provisions of Regulation VII/5 (2) (b), (3) (b), and (3a) for fishing vessels hull is built to comply with the rules of a recognized organization for operation in waters with heavy drift ice concentration in compliance with Regulation II/1/2 of the Annex to the 1993 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.`

1.7. ad Regulation VII/9 (Immersion suits and thermal protective aids)

'Notwithstanding the provisions of Regulation VII/9 an approved immersion 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.` 1.8. ad Regulation VII/25 (Immersion suits)

'Notwithstanding the provisions of Regulation VII/25 all immersion suits required under item 1.7 of this Annex shall, as a single unit, be made of material with inherent insulation and shall also comply with the buoyancy requirements of Regulation VII/24 (c) (i). All other relevant requirements of Regulation VII/25 shall also be complied with.`

1.9. ad 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.`

1.10. ad Regulation X/3 (14) (Radio direction-finding equipment)

'In addition to the provisions of Regulation X/3 (14), every vessel of 45 metres in length and over shall be fitted with a VHF direction-finding apparatus for homing on the marine VHF distress frequency 156,8 MHz (channel 16) and the aeronautical VHF emergency frequency 121,5 MHz.` 1.11. ad 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.`

2. 'Southern` regional provisions

2.1. 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 1966 International Convention on Load Lines (1), as amended.

2.2. Immersion suits and thermal protective aids

ad Regulation VII/B/9 (1): taking into consideration the provisions of paragraph 4 of Regulation VII/B/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 needs not be greater than two.`

2.3. Radio life-saving appliances

ad Regulation VII/B/13 (1): add at the end of the paragraph the following sentence:

'For fishing vessels with a length of less than 45 metres the number of VHF radiotelephone apparatus may be reduced to two if the administration considers the requirement to carry three two-way VHF radiotelephone apparatus unnecessary taking into account the operation area of the vessel and the number of persons employed on board.`

2.4. Radiocommunications - application

ad Regulation IX/A/1: add a new paragraph 1b 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 appropriately by coast stations operating in accordance with the IMO master plan.`

2.5. Radiocommunications - definitions

ad Regulation IX/A/2 (l) and (m): replace 'as may be defined by a Party` by 'as it is contained in the IMO master plan`.

(1) International Convention on Load Lines, 1966 adopted on 5 April 1966 by the International Conference on Load Lines, held in London upon the invitation of the Inter-Governmental Maritime Consultative Organization.

ANNEX IV

FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND RECORD OF EQUIPMENT

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