;.;1 
COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0M(94) 501 final 
Brussels, 15.11.1994 
94/0068 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
concerning the enforcement, in respect of shipping using Community 
ports and sailing in the waters under the jurisdiction of the Member 
States, of international standards for ship safety, pollution prevention 
and shipboard living and working conditions. 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
EXPLANATORY MEMORANDUM 
During its 24-28 October 1994 session, the European Parliament approved, subject to a 
number of amendments, the Commission's proposal for a Council directive concerning the 
enforcement, in respect of shipping using Community ports and sailing in the waters under 
the jurisdiction of the member States, of international standards for ship safety, pollution 
prevention and shipboard living and working conditions. 
The amendments adopted by the Parliament do not affect the purpose of the draft Directive 
rather they enhance the expected effectiveness of certain provisions or clarify them. Although 
the Commission agreed in principle with almost all the amendments, it did not accept those 
amendments which are not in line with the provisions of the relevant international conventions 
of the International Maritime Organization and the International Labour Organization, or 
which transfer power to an international forum over which the European Union has no 
jurisdiction, or finally which duplicate equivalent provisions which already exist elsewhere 
in the draft Directive. 
More precisely, the Commission could not accept 
the amendment to article 3 (4) since the text proposed by the Parliament, if accepted, 
would broaden the scope of derogations to the Directive, and run contrary to those 
international laws (in particular the SOLAS Convention) on which the Commission's 
proposal is based. 
the amendments to: articles 4 and 5(1) since the proposed texts are redundant; in fact they 
correspond to the provisions of article 20 and of article 3 (1) respectively. 
the amendment to article 5 (3) because the European Union cannot simply accept without 
a right of control, the inspections carried out by inspectors in countries over which it has 
no jurisdiction. 
the amendment to article 10 (4) since it would considerably weaken the right of member 
States to refuse rogue vessels access into their ports, a right of refusal which is granted 
also under international law. -
The Commission has accepted without reservation the amendments to articles 2, 5(4), 7 (3a), 
8 (la), 9 (4), 9 (4a), 9 (4b), 10 (1), 10 (5), 10 (6), 11 (la) and (2a), 14, 15 (1), 15 (3), 17, 
18, 19 Annex I and Annex III. 
Most amendments constitute drafting improvements, bringing more clarity into the text. Some 
amendments make the proposal politically more widely acceptable, it is the case of article 2 
(§ 5&6) and 5 (4), others bring an added value to it. In particular : 
- the amendments to articles 7 (3a), 8 (la), 9.(4), 9 (4a), 11 (la and 2a), and to article 14 
bring more clarity on the inspector's profile, and in particular its independence from 
commercial interests as well as on its tasks. 
(• 
other new articles 9 (4b) and 9 A proposed by the Parliament grant the operator a right 
of appeal and of compensation while limiting potential abuses of such a right. These 
provisions are in line with current legal practices in several Member States in other 
transport modes. 
the amendments to the annexes 1 and III will have the effect of increasing the number and 
the types of vessels to be targeted by the inspectors for more accurate controls while the 
amendment to article 15 increases the financial burden for the detained ships. 
All these amendments are undisputable added value to the proposed Directive. 
Finally the Commission has accepted the substance of the amendments related to articles 3 
(5) and to Annex. VII, subject to drafting improvements. 
o 
Amended proposal for a 
COUNCIL DIRECTIVE 
concerning the enforcement, in respect of shipping using Community 
ports and sailing in the waters under the jurisdiction of the Member 
States, of international standards for ship safety, pollution prevention 
and shipboard living and working conditions. 
-Original text- -Amended text-
Article 2 
For the purpose of this 
including its Annexes, Directive 
'Conventions': Means the 
International Convention on Load 
Lines, 1966, the International 
Convention for the Prevention of 
Pollution from Ships, 1973, and the 
Protocol of 1978 related thereto, the 
International Convention on Standards 
of Training, Certification and 
Watchkeeping for Seafarers, 1978, the 
Convention on the International 
Regulations for Preventing Collisions 
at Sea, 1972, the International 
Convention on Tonnage Measurement of 
Ships, 1969 and the Merchant Shipping 
(Minimum Standards) Convention, 1976 
(IL0 No. 147), together with the 
Protocols and amendments to these 
Conventions and related Codes of 
mandatory status, in forcé at the 
date of adoption of this Directive. 
'MOU': Means the Memorandum of 
Understanding on Port State Control, 
signed in Paris on 26 January 1982, 
as amended at the date of the 
adoption of this Directive. 
'Ship': Means any seagoing vessel to 
which one or more of the Conventions 
apply, flying a flag other than the 
one of the port State. unchanged 
1. 'Conventions': (rest unchanged) 
2. 'MOU': (rest unchanged) 
3, 'Ship': (rest unchanged) 
(* 
-Original text- -Amended text-
' Surveyor' Means civil 
'Inspection': Means a visit on board 
a ship in order to control both the 
validity of the relevant certificates 
and other documents and the condition 
of the ship, its equipment and crew. servant, duly authorized bv the 
competent authority of a Member 
5. 'Inspection': Means a visit on 
board a ship in order to control both 
the validity of the relevant 
certificates and other documents and 
the condition of the ship, its 
equipment and its crew and their 
living and working conditions. 
'A more detailed inspection': Means 
an inspection where the ship, its 
equipment and crew as a whole or, as 
appropriate, parts thereof are 
subjected to an in depth inspection 
in the circumstances as specified in 
article 6, paragraph 3, as regards 
the ship's construction, equipment, 
manning and compliance with on board 
opera t iona1 procedures. 6. 'A more detailed inspection': 
Means an inspection where the ship, 
its equipment and crew as a whole or, 
as appropriate, parts thereof are 
subjected to an in depth inspection 
in the circumstances as specified in 
article 6, paragraph 3, as regards 
the ship's construction, equipment, 
manning j living and working 
conditions and compliance with on 
board operational procedures. 
'Enhanced control': Means a thorough 
inspection in the cases specified in 
article 7. 7, 'Enhanced 
unchanged) control' (rest 
'Special inspection regime': Means 
an inspection scheme referred to in 
article 5. paragraph 4 limited in its 
extent and with a low freouency. 
'Detention': Means the formal 
prohibition against a ship to proceed 
to sea or to -continue an operation 
due to identified deficiencies which, 
singly or together, make the ship 
unseaworthy, or render the 
continuation of such an operation 
hazardous, irrespective of the time 
the ship is going to stay in port. 
'Surveyor': Means a civil servant, 
duly authorized hv the competent 
Authoritv of a Member State. Delete 
8. 'Detention': (rest unchanged) 
k 
o...»^*>'f Original-text—--•»— , •-«w^^s^r!,^,,^*-^ 
Article 3, paragraph 5 (new) 
5. The Member States shall 
supply the Commission with all 
necessary information for the 
development of priorities and 
practices which will. allow better 
targeting of ships likely to be 
defective. 
Any consequent amendment of article 
5 will be made under the provisions 
of Article 17. 
Article 5 (4) 
4. The Commission, in accordance with 4. Delete 
the procedure laid down in article 
19, will establish the provisions for 
the categories of ships, and the 
conditions under which Member States 
shall apply the special inspection 
regime for these categories of ships. 
The special inspection regime shall 
not be applied whenever there are 
clear grounds as referred to in 
article 6, paragraph 3. 
Article 7(3a) (new) 
3a. Enhanced control of passenger 
ships operating regular services 
between ports of Member States shall 
be carried out bv the competent 
authorities of one of these Member 
States. 
Article 8 
On the completion of an inspection, a J_j. . (rest unchanged) 
more detailed inspection, or an 
enhanced control, the master of the 
ship shall be provided by the 
surveyor with a document in the form 
specified in Annex 3 to the MOU, 
giving the results of the inspection 
and details of any decisions taken by 
C* 
-Original text- -Amended text-
the surveyor, and of corrective 
action to be taken by the master or 
owner. 
1a, Where deficiencies lead to the 
detention of the ship, the report to 
the master pursuant fro Paragraph 1 
Should contain information on th? 
luture Publication of the detention 
as Provided for in this Directive, 
Article 9(4), 4(a) and 4(b) (new) 
4. In the event the inspections 
referred to in articles 6 and 7 give 
rise to an intervention of any kind. 
the surveyor carrying out the 
inspection shall act in accordance 
with the provisions of Regulation 19, 
(d)-m of Chapter I to the Protocol 
of 1978 relating to the International 
Convention for the Safety of Life at 
Sea. 1974. 4. In' the event the inspections 
referred to in articles 6 and 7.give 
rise to detention, the competent 
authority shall forthwith inform in 
writing the administration,or the 
Consul, or. in his absence, the 
nearest diplomatic representative of 
the flag State of the circumstances 
necessitating the intervention. In 
addition. the surveyor or the 
recognized body responsible for the 
classification of the ship shall also 
be informed, 
4a. The provisions of this Directive 
shall be without prejudice to any 
additional requirements in the 
Conventions regarding the 
notification and reporting procedures 
in respect of port State control. 
4b. In the exercise of port State 
control pursuant to this Directive 
every effort must be made to ensure 
that ships are not unduly detained or 
prevented from proceeding to sea. 
Should ships be unduly detained or 
prevented from proceeding to sea, 
compensation for the loss or damage 
incurred shall be paid. 
Article 9a 
Right of appeal (new) 
1. The owner or operator of a ship or 
his representative in the Member 
State shall have the right of appeal 
against a decision concerning a 
detention of a ship or prohibition of 
(<• 
-Original text--Amended text-
ooerations related to a ship taken hy 
the competent authority or its, 
surveyor. 
2. In accordance with their 
legislation, the Member States shall 
set UP and operate 'appropriate 
appeals procedures for this purpose. 
3. The competent authority shall duly 
inform the master of the ship of the 
right of appeal under paragraph 1. 
Article 10 (1), 
1. Where deficiencies referred to in 
article 9, paragraph 2 cannot be 
rectified in the port of inspection, 
the competent authority of that 
Member State may allow such ship to 
proceed to a repair yard located in 
the Community, and as decided by the 
master, provided that the conditions 
determined by the competent authority 
of that Member State are complied 
wjJJtl. Such conditions shall ensures 
that the ship can so proceed without 
risk to the safety and health of 
passengers, or crew, or risk to other 
ships, or without being an 
unreasonable threat of harm to the 
marine environment. (5) and (6) 
1. Where deficiencies referred to in 
article 9, paragraph 2 ca/uiot be 
rectified in the port of inspection, 
the competent authority of that 
Member State may allow such ship to 
proceed to the nearest suitable 
repair yard as decided by the master 
and the authorities concerned, 
provided that the conditions are 
determined by the competent authority 
of the flag State and approved bv the 
Member State concerned. '"._ Such 
conditions shall ensure that the ship 
can so proceed without risk to the 
safety and health of passengers, or 
çrew, or risk to other ships, or 
without being an unreasonable threat 
of harm to the marine environment. 
5. The competent authority of the 
Member State where the ship was found 
defective shall, in the circumstances 
as referred to in paragraph . 4 
immediately alert the competent 
authorities of all the other Member 
States. 5. unchanged 
Notwithstanding the provisions of 
paragraph 4, access to a specific 
port may be permitted in case of 
force majeure, provided adequate 
measures, to the "satisfaction of the 
competent authority of such Member 
State, have been implemented by the 
owner or the master of the ship to 
ensure safe entry, and provided that 
an appropriate financial security has 
been assured. 6. Notwithstanding (rest unchanged) 
6 
-Original text- -Amended text-
Article 11 (la) and (2a) (new) 
1a. Should the surveyor not have the 
required knowledge relating to 
certain technical areas he mav have 
the inspection carried out bv a 
surveyor belonging to an organization 
which is recognized under the 
directive on common rules and 
standards for ship inspection 
organizations (OJ No. ...). 
2a. Surveyors shall carry individual 
authorization in the form of an 
identity card issued bv the competent 
authority pursuant ' to national 
legislation authorizing him to 
inspect fcftfr vessel .' 
A Community form shall be produced 
under the procedure laid down in 
Article Y7.. 
Article 14 
Each competent authority shall 
publish quarterly the number of 
detentions which have been carried 
out bv that authority in the previous 
three months. The publication shall 
include the name of the ship, IMO 
number, flag State, the shipowner and 
the classification society, whether 
or not it has issued the statutory 
certificates on behalf of the flag 
State, and, if applicable, any other 
Party which has issued certificates 
to such ship in accordance with the 
Conventions on behalf of the flag 
State. Each competent authority shall 
publish quarterly which ships have 
been detained in the previous three 
months and which have been detained 
more than once in the previous 24 
months. The publication shall 
contain: 
- the name of the ship, 
- IMO number, 
- flag State, 
z. the shipowner, 
- the classification society and, if 
applicable, any other Party which has 
issued certificates to such ship in 
accordance with the Conventions on 
behalf of the flag State, where 
relevant. 
- the grounds for detention, and 
- the port and date of detention. 
,V 
-Original text—- -Amended text-
Article 15(1) and (3) (new) 
1. A fee shall be levied on the 
owner, or the operator of a ship 
which has been inspected in 
accordance with this Directive, and 
on which deficiencies, justifying a 
detention, have been revealed. The 
total fee levied in accordance with 
this article shall cover, but not 
exceed, the total costs in anv normal 
accounting period for the inspections 
carried out after the formal notice 
of detention has been issued. 1 . Where an inspection referred to in 
Articles 6 or 7 confirms or feveals 
deficiencies in relation to the 
requirements of a Convention which 
justify the detention of a ship, the 
total cost chargeable for the 
inspection in anv normal accounting 
period shall be borne bv the operator 
or his representative in the port 
State. 
3. The detention shall not be lifted 
until such costs have been reimbursed 
in full or adeouate security has been 
lodgedt 
Article 17 
The Commission shall be assisted by 
the Committee set up by Article 12 of 
Directive 93/75/EC in accordance with 
the procedure laid down in Article 
15-The Commission shall be assisted by 
the Committee set up by Article 12 of 
Directive 93/75/EC in accordance with 
the procedure laid down in that 
article. t 
Article 18 
The Commission, in accordance with 
the procedure laid down in Article 
12L, may; 
(a) amend the inspection obligation 
of Member States mentioned in-
Article 5 on the basis of the 
experience resulting from the 
application of this Directive and 
taking into account the 
developments in the MOU; 
(b) amend the Annexes in order to 
take into account amendments to 
the Conventions, protocols, 
codes, resolutions of relevant 
international- bodies and to the 
MOO. Xn accordance with the procedure laid 
down in Article 12» the Directly» «*y 
be amended: 
(a) to adaot the inspection and 
publication obligations, of Member 
States mentioned in Articles. 5^ 
6. 7 and 14* on the basis of the 
experience resulting 'from the 
application of this Directive and 
taking into account the 
developments in the MOU; 
(b) to adaot the Annexes in order to 
take into account amendments to 
the Conventions, protocols, 
codes, resolutions of relevant 
international bodies and to the 
MOU. 
-Original text- -Amended text-
Article 19 
1 , The representative of the Delete 
Commission shall submit to the 
Committee referred to in Article 17 a 
draft of the measures to be taken; 
2. The Committee shall deliver its Delete 
opinion on the draft within a time 
limit which the chairman mav lav down 
according to the urgency gj the. 
matter. if necessary bv taking "a 
vote; -
3. The opinion shall be recorded in Delete 
the minutes: in addition each Member 
State has the right to have its 
position recorded in the minutes: 
4. The Commission shall take the Delete 
utmost account of the opinion 
delivered bv the Committee. It shall 
Inform the Committee of the manner in 
which its opinion has been taken into 
account. 
Annex I, introductory words, points (1) and 8a (new) 
Priority list of ships to be 
inspected as referred to in Article 
5, paragraph 2 
1. Ships visiting a port of a Member 
State for the first time. In their 
application of this criteria. Member 
States shall also take into account 
those inspections which have been 
carried out by members to the MOU. 
In the absence of appropriate data to 
implement this obligation, Member 
States shall rely upon the available 
SIRENAC E data and inspect those 
ships which have not been registered 
in the SIRENAC E database, after the 
entry into force of that database the 
1st January 1993. Priority list of ships to b-3 
inspected as referred to in Articla 
5, paragraph 2 
These criteria are not listed in 
order of priority 
1. Ships visiting a port of a Member 
State for the first time or after an 
absence of 12 months or more. In 
their application of this criteria 
Member States shall also take into 
account those inspections which have 
been carried out by members to the 
MOU. In the absence of appropriate 
data to implement this obligation, 
Member States shall rely upon the 
available SIRENAC E data and inspect 
those ships which have not been 
registered in the SIRENAC E database, 
after the entry into force of that 
database the 1st January 1993. 
8a. Chemical tankers, 
o 
-Original text- -Amended text-
Annex III, introductory words and paragraphs-1 (new) and 2 
(Non exhaustive list) • : 
"The following are examples of 'clear 
grounds' for a more detailed 
Inspection as referred to in Article 
6(3). List of examples of 'clear grounds' 
for a more detailed inspection as 
referred to in Article 6(3). (non 
exhaustive list) 
2. A report or complaint by the 
«aster, a crew member, or any person 
or organization with a legitimate 
interest in the safe operation of the 
ship, shipboard living and working 
conditions or the prevention of 
pollution, unless the Member State 
concerned deems the report or 
jcomplaint to be manifestly unfounded. -1. Ships within the meaning of Annex 
I with the exception of points 1 and 
2. A report or complaint by the 
master, a crew member, or. any person 
or organization with a legitimate 
interest in the safe operation of the 
ship, shipboard living and working 
conditions or the prevention of 
pollution, unless the Member State 
concerned deems the report or 
complaint to be manifestly unfounded. 
The identity of the person making the 
report or complaint may not be 
disclosed-to the master or owner of 
the ship in guestion. • 
Annex VII '•• 
Minimum criteria for surveyors as 
referred to in Article 11, 
paragraph 1 
1. The surveyor has to be 
authorised to carry out flag State 
control by the competent authority 
of the member State. 
2. A minimum of two years of 
service as a flag State surveyor 
has to be completed. "Minimum criteria for surveyors as 
referred to in Article 11, 
paragraph 1 
1. The surveyor has to be 
authorised to carry out port State 
control by the competent authority 
of the member State. 
2. A. EITHER : 
- A minimum of one year of 
service as a flag State 
inspector dealing with survey 
and certification in 
the accordance 
Conventions 
completed. has to be 
3. Possession of an 
authorization to detain a ship in 
accordance with the appropriate 
national legislation. Delete 
-Original text- -Amended text-
4. Possession of: 
a) a certificate of competency as 
master, cfr. STCW, Reg. II/2, or 
b) a certificate of competency as 
chief engineer, cfr. STCW, Reg. 
III/2, or - Be in possession of: 
a) a certificate of 
competency as master, 
enabling that person to take 
command of a ship of 1600 GT 
or more, cfr. STCW, Reg. 
II/2, or 
b) a certificate of 
competency as chief engineer 
enabling that person to take 
UP that task on board a ship 
whose main power plant has a 
power equal or superior to 
3000 KW, cfr. STCW, Reg. 
III/2, or 
c) a certificate of competency as 
radio officer, cfr. STCW, Reg. 
IV/1, or 
d) having passed examination as a 
naval architect, a mechanical 
engineer or an engineer related to 
the maritime fields and worked in 
that capacity for at least 5 years. 
5. Thé surveyors mentioned under 
4 a) -c) must have served at least 
as a Chief Officer, a Second 
Engineer (in some Member States 
that position is referred to as 
First Engineer) or a Radio Officer 
respectively, for a period of not 
less than two years. Delete 
c) having passed examination as a 
naval architect, a mechanical 
engineer or an engineer related to 
the maritime fields and worked in 
that capacity for at least 5 years. 
The inspectors mentioned 
under a) and b) must have 
served for a period of •;. not 
less than five years at sea 
as officer in the deck- or 
engine- department 
respectively. 
B. OR : 
- hold a relevant university 
degree or an equivalent 
t ra in ing, and 
have been, trained and 
qualified at a school for 
ship safety inspectors, and 
have served at least 2 
State years flag 
inspector dealing with the 
survey and certification in 
accordance with the 
Conventions. 
\l 
— Original text-—— Amended text 
6 . Ability to communicate orally 3. Ability to communicate orally 
and in writing in the English and in writing with seafarers in 
language. __ the language most commonly spoken 
at sea. 
4. Appropriate knowledge of the 
provisions of the international 
conventions and of the relevant 
procedures on port State control. 
5. Inspectors not fulfilling the 
above criteria are also accepted if 
they were employed by the competent 
authority of a Member State for 
port State control at the date of 
adoption of this Directive. 
BSNQ254-1475 
C0M(94) 501 final 
DOCUMENTS 
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Catalogue number : CB-C0-94-525-EN-C 
ISBN 92-77-82146-9 
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