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 (96/C 334/07) (Text with EEA relevance) COM(96) 455 final - 96/0231(SYN)

(Submitted by the Commission on 29 September 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,

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

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

Whereas Directive 93/75/EEC, as amended by Commission Directive . . ./. ./EC, contains no specific provisions applicable to the carriage by sea of the radioactive materials referred to in resolution A.748(18) of the International Maritime Organization concerning the code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships (INF Code);

Considering the need to enhance safety at sea and to prevent pollution of the sea in connection with the transport of irradiated nuclear fuel, plutonium and high-level radioactive waste; whereas the extension of the provisions of Directive 93/75/EEC to cover such substances will enable the competent authorities to obtain the relevant information as to their nature and their location on board ships and thus to help prevent and minimize the risk of accidents involving ships transporting such substances;

Whereas it should be possible to amend Annexes I and II to Directive 93/75/EEC from time to time, and frequently if necessary, in line with developments in international law and, in particular, with amendments to international conventions, codes and resolutions not referred to in Article 2 of the Directive; whereas the procedure provided for in Article 12 of the Directive appears to be the most appropriate way of introducing such amendments; whereas Article 11 should be supplemented to that effect;

Whereas the contents of Annexes I and II to Directive 93/75/EEC should also be amended without delay to take account of the amendments to international conventions, codes and resolutions not referred to in Article 2 which have entered into force since the Directive was adopted,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 93/75/EEC is hereby amended as follows:

1. Article 2 is amended as follows:

the following is added to paragraph (c):

'and radioactive materials as defined by the INF Code;`

the following paragraph is inserted:

'(i) "INF Code" means the IMO code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships, as it is in force at the time of adoption of Directive . . ./. ./EC;`

Paragraphs (i), (j) and (k) become paragraphs (j), (k) and (l) respectively.

2. The following indent is added to Article 11:

'- amend the Annexes in line with the relevant developments in international law on safety at sea and the protection of the marine environment.`

3. Annexes I and II are amended as provided for in the Annex to this Directive.

Article 2

1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 1997. They shall forthwith inform the Commission thereof.

2. When Member States adopt the measures referred to in paragraph 1, 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 the Member States.

3. Member States shall communicate to the Commission the texts of the basic provisions of national law which they adopt in the field governed by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication.

Article 4

This Directive is addressed to the Member States.