NoC  192/8 Official  Journal  of the  European  Communities 30. 7. 80 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for a Council  Directive  concerning  the enforcement,  in respect  of shipping  using 
Community  ports,  of international  standards  for shipping  safety  and  pollution  prevention 
(Submitted  by the Commission  to the Council  on 2 July  1980) 
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  submitted  by  the 
Commission, 
Having  regard  to the  opinion  of the  European  Par-
liament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas  the Community  is seriously  concerned  about 
shipping  casualties  and  pollution  of the  seas  and 
coastlines  of the  Member  States,  in particular  by oil 
coming  from  ships; 
Whereas  the  European  Council,  at its meetings  on 
7 and  8 April  1978  in Copenhagen  and  6 and  7 July 
1978  in Bremen,  declared  that  the Community  should 
make  the  prevention  and  combating  of marine 
pollution,  particularly  from  hydrocarbons,  a major 
objective,  and  deemed  it necessary  to take  further 
measures  to increase  the safety  of maritime  traffic; 
Whereas  the  Community  can  make  a particularly 
useful  contribution  in securing  a common  approach 
to the  effective  enforcement  of the  international 
shipping  safety  and  pollution  prevention  standards  by 
the Member  States  in respect  of shipping  using  their 
ports,  thereby  also  avoiding  distortions  of 
competition; Whereas  for  this  purpose  the Member  States  should 
identify  sub-standard  shipping  using  their  ports, 
inspect  it and  require  deficiencies  to be remedied; 
Whereas  the  resources  devoted  to  port  state 
enforcement  in the  Community  should  be increased 
to an appropriate  level; 
Whereas  the procedures  provided  for in this  Directive 
should  be adopted  as widely  as possible  in Europe, 
HAS  ADOPTED  THIS  DIRECTIVE: 
Article  1 
This  Directive  requires  the Member  States  to provide 
for the identification  and  inspection  of sub-standard 
ships  visiting  their  ports  and  the  remedying  of 
deficiencies. 
Article  2 
1. For  the purposes  of this  Directive: 
(a) 'Ship'  means  a ship  to which  one  or more  of the 
relevant  Conventions  applies  and  which  is 
registered  in a State  other  than  the Member  State 
whose  port  it is visiting; 
30. 7. 80 Official  Journal  of the  European  Communities No C 192/9 
(b) The  'relevant  Conventions'  are: 
International  Convention  for the Safety  of Life  at 
Sea, 1974 
International  Convention  on Load  Lines,  1966 
International  Convention  for  the  Prevention  of 
Pollution  of the  Sea  by Oil,  1954  including  the 
amendments  adopted  in 1962  and  in 1969 
Convention  on the  International  Regulations  for 
Preventing  Collisions  at Sea,  1972. 
As soon  as any  of the  following  instruments  enters 
into force,  it shall  be  deemed  to be  a relevant 
Convention: 
Protocol  of  1978  Relating  to the  International 
Convention  for the Safety  of Life  at Sea,  1974 
International  Convention  for  the  Prevention  of 
Pollution  from  Ships,  1973,  as amended  by  the 
Protocol  of 1978  relating  to that  Convention 
International  Convention  on Standards  of Training, 
Certification  and  Watchkeeping  for Seafarers,  1978 
Convention  No  147  concerning  Minimum  Standards 
on Merchant  Ships,  adopted  by  the  International 
Labour  Conference  in 1976. 
2. When  any  amendment  to one  of the  above 
instruments  enters  into  force,  the  instrument  as so 
amended  shall  be  deemed  to  be  the  relevant 
Convention  for  the purposes  of this  Directive,  unless 
the Council  decides  otherwise  on a proposal  from  the 
Commission. 
3. The  Council  may  decide,  on a proposal  from 
the Commission,  that  part  or all of any  of the  four 
instruments  last  mentioned  in paragraph  1 of this 
Article  shall  be deemed  to be a relevant  Convention 
for the  purposes  of  this  Directive  before  the 
instrument  has entered  into  force. 
4. The  Council  shall  decide,  on a proposal  from 
the Commission,  whether  any  future  international 
instrument  concerning  shipping  safety  or pollution 
prevention  shall  be  deemed  to  be  a relevant 
Convention  for the purposes  of this  Directive. 
Article  3 
A ship  to which  a relevant  Convention  would  have 
applied  if its country  of registry  were  a Contracting 
Party  shall  not  be treated  more  favourably  as regards 
the matters  to which  this  Directive  applies. Article  4 
1. Subject  to paragraph  2 of this  Article,  and 
without  prejudice  to the  requirements  of Council 
Directive  No  79/116/EEC  of 21 December  1978,  as 
amended  by Council  Directive  No  79/1034/EEC  of 
6 December  1979,  as regards  the  tanker  check-list, 
Member  States  shall  take  the  necessary  steps  to 
ensure  that  ships  lodge  with  the  appropriate  auth-
orities  on  each  visit  to  one  of  their  ports  a 
declaration,  as  reproduced  at  Annex  1 to this 
Directive,  giving  information  about  the  nature  and, 
where  applicable,  the  expiry  dates  of the  ship's  and 
crew's  certificates,  certain  other  documents  issued  or 
kept under  the  terms  of the  relevant  Conventions, 
and any  certificate  issued  under  Article  8 (2) of this 
Directive. 
2. Where  a ship 
(a) frequently  visits  the same  port  of a Member  State; 
or 
(b) visits  more  than  one  port  of a particular  Member 
State  in the course  of a single  voyage, 
the Member  State  may  arrange,  in case  (a),  for  the 
declaration  to be made  at appropriate  intervals  and, 
in case  (b),  for the declaration  to be made  only  at the 
first port  visited. 
3. The  documents  referred  to in paragraph  1 of 
this Article  shall  be examined  by  the  appropriate 
authorities  on board  the  ship  to the extent  that  this  is 
necessary  in the  interests  of shipping  safety  and 
pollution  prevention. 
4. Member  State  authorities  shall  pay  special 
attention  to the following  categories  of ship: 
(a) passenger  ships; 
(b) oil,  gas  and  chemical  tankers  and,  among  these, 
in particular  to tankers  10 years  old or above; 
(c) dry  cargo  ships  15 years  old or above  and,  among 
these,  in particular  to smaller  ships. 
Article  5 
The following  requirements  of Council  Directive 
No 79/116/EEC  in relation  to certain  tankers  are 
hereby  extended  to the  other  ships  to which  the 
present  Directive  applies: 
(a) the  requirement  in Article  1 (1) (B) (i) of Council 
Directive  79/116/EEC  that  Member  States  shall 
take the  necessary  steps  to ensure  that  certain 
tankers  entering  or leaving  the  seaports  of their 
territory  shall,  while  traversing  the  territorial 
waters  adjacent  to the port  of entry  or departure, 
NoC  192/10 Official  Journal  of the  European  Communities 30. 7. 80 
inform  the  competent  authorities  of the  Member 
State  of any  deficiencies  or incidents  whith  may 
decrease  the  normal  safe  manoeuvrability  of the 
vessel,  affect  the safety  and  easy  flow  of traffic  or 
constitute  a hazard  to the  marine  environment 
and adjacent  areas; 
(b) the  requirement  in Article  1 (2)  of Council 
Directive  79/116/EEC  that  Member  States  shall 
take  the  necessary  steps  to ensure  that  where  a 
pilot  learns  that  there  are  any  deficiencies  which 
may prejudice  the safe  navigation  of the vessel,  he 
shall  report  these  immediately  to the  competent 
authority  of the Member  State  concerned. 
Article  6 
1. Whenever  the  appropriate  authorities  of  a 
Member  State  find  that  the  ship's  or crew's  certifi-
cates  are missing  or invalid,  or have  clear  grounds  for 
believing  that  the  condition  of the  ship  or of its 
equipment  or  the  crewin^  arrangements  do  not 
correspond  substantially  with  the  particulars  of a 
certificate  or  the  requirements  of  a relevant 
Convention,  they  shall  inspect  the ship  or examine  the 
crewing  and  watchkeeping  arrangements,  as the case 
may be. 
2. Examples  of 'clear  grounds'  as referred  to in 
paragraph  1 of this  Article  are  listed  at Annex  2 to 
this Directive.  This  list may  be amended  from  time  to 
time  by the Commission,  after  consulting  the Member 
States,  in order  to take  account  of changes  in inter-
national  shipping  safety  and  pollution  prevention 
standards. 
3. A  Member  State  requested  by another  Member 
State  to make  an investigation  relating  to a violation 
or suspected  violation  of the  provisions  of a relevant 
Convention  shall  comply  with  the request. 
Article  7 
1. Whenever  the  inspection  or  examination 
referred  to in Article  6 of this  Directive  confirms  or 
reveals  deficiencies  in relation  to the  requirements  of 
a relevant  Convention,  the  matter  shall  be followed 
up and  dealt  with  in accordance  with  the  provisions 
of the  Conventions,  including  in particular  the 
provisions  relating  to detention  until  the  deficiencies 
have  been  remedied  or until  the  responsible  auth-
orities  of the  Member  State  have  determined  that  the ship can,  subject  to any  necessary  conditions,  proceed 
to sea  without  risk  to the  safety  and  health  of pass-
engers  or crew  or risk  to other  shipping  and  without 
threatening  harm  to the marine  environment. 
2. The  following  are  examples  of deficiencies 
which,  singly  or together,  may  justify  detaining  a 
ship: 
(a) deficient  life-saving  appliances; 
(b) deficient  fire-fighting  equipment; 
(c) deficient  nautical  equipment; 
(d) deficient  boarding  equipment; 
(e) overloading; 
(f) crew  too  small  or insufficiently  qualified. 
Article  8 
1. The  Council  shall  decide,  on a proposal  from 
the Commission,  on  the  establishment  in  the 
Community  of  a shipping  information  system 
designed  to supply  the  Member  States,  in respect  of 
ships  approaching  their  ports,  with  up-to-date  infor-
mation  relevant  to shipping  safety  and  pollution 
prevention.  Pending  the  establishment  of this  system 
the procedures  in paragraphs  2 and  3 of this  Article 
shall  apply. 
2. Where  an  inspection  has  taken  place  in 
accordance  with  Articles  6 and  7 of this  Directive,  the 
authorities  of the  Member  State  concerned  shall, 
before  the  ship  leaves  port,  deliver  to the  ship's 
master,  for retention  on board,  a certificate  certifying 
that,  as the case  may  be, 
(a) no deficiencies  were  found; 
(b) specified  deficiencies  were  found  and  rectified; 
(c) specified  deficiencies  were  found  but  not  or not 
fully  rectified. 
In case  (c) the certificate  shall  state  the conditions  on 
which  the ship  was  allowed  to leave  port. 
3. In  cases  (b)  and  (c),  a copy  of the  certificate 
shall  be forwarded  to the  owner  and  the  flag  State 
concerned.  In case  (c) the  information  contained  in 
the certificate  shall  be forwarded  by telex  to all other 
Member  States  which  the ship  is expected  to visit. 
4. The  Commission  shall  establish,  after  consul-
tation  with  the Member  States,  a model  for the certi-
ficates  referred  to in paragraph  2. 
30. 7. 80 Official  Journal  of the  European  Communities No C 192/11 
Article  9 
1. Member  States  shall  levy  a fee on the owner  or 
operator  of a ship  which  has  been  inspected  in 
accordance  with  this  Directive  and  on  which 
deficiencies  justifying  detention  have  been  found.  The 
total  of fees  levied  shall  cover  the total  costs  of the 
inspections  in any  normal  accounting  period. 
2. The  penalties  specified  under  the  law  of a 
Member  State  for violations  of the  provisions  of the 
relevant  Conventions  shall  be adequate  in severity  to 
discourage  violations  thereof. 
Article  10 
1. The  Member  States  shall  adopt,  after  consulting 
the Commission  and  before  [1 January  1982],  the 
laws,  regulations  and  administrative  provisions 
necessary  to implement  this  Directive.  They  shall 
inform  the Commission  and  the other  Member  States 
of the measures  taken. 
2. In  implementing  this  Directive  the  Member 
States  shall  regularly  examine  to what  extent,  in order 
to assist  them  to achieve  its objectives,  arrangements 
could  be made  with  classification  societies  established 
in the  Community  and  members  of the  European 
Association  of Classification  Societies,  under  which 
the societies  or their  staff  would: — undertake  port  State  enforcement  work  as agents 
of the Member  State  Concerned;  or 
— act  on behalf  of the Member  State  as flag  State  in 
order  to release  Government  inspectors  for  port 
State  enforcement  work. 
3. Member  States  shall  assist  one  another  in all 
possible  ways  in applying  the  provisions  which  they 
adopt  for  the implementation  of this  Directive.  They 
shall  regulary  review  together  with  the  Commission 
the functioning  of these  provisions,  and  for  this 
purpose  they  shall  supply  to the Commission  returns 
on their  enforcement  activity  in a form  and  at 
intervals  to be defined  by the  Commission  after 
consultation  with  them. 
Article  11 
The Council  shall,  on  a proposal  from  the 
Commission,  authorize  the latter  to open  negotiations 
with non-Member  States  in Europe  with  a view  to 
their  adopting  equivalent  port  State  enforcement 
procedures. 
Article  12 
This  Directive  is addressed  to the Member  States. 
NoC  192/12 Official  Journal  of the  European  Communities 30. 7. 80 
ANNEX  1 
DECLARATION  REFERRED  TO IN ARTICLE  4 (1) OF THE  DIRECTIVE 
DECLARATION  ON  CERTIFICATES  AND  OTHER  DOCUMENTS 
A. Vessel  identification 
Name  of vessel Owner/operator 
Agent 
Call sign Flag 
Port of registry 
Kind  of ship  Length  overall 
Classification  society 
Class  notation  Hull 
Propulsion  machinery  Output 
Draught:  forward  amidships 
Kind  of cargo Year built 
Gross  tonnage Place  of berthing 
Date of berthing 
Machinery 
aft 
B. Safety  certificates  and other  documents 
Certificates/  Date  of expiry 
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 • • 
Oil liability  certificate • • 
Oil record  book  filled  in • • 
Nautical  publications  (up-to-date  charts,  notices  to 
mariners  etc) are on board  for die intended  voyage? • • 
Certificate  issued  under  Article  8 (2) of Directive  present 
onboard? • • 
If yes, does  certificate  refer  to deficiencies? • • 
30. 7. 80 Official  Journal  of the  European  Communities No C 192/13 
C. Officers  and ratings 
Master 
Chief  mate 
Second  mate 
Third  mate 
Chief  engineer 
First engineer  officer 
Second  engineer  officer 
Third  engineer  officer 
Radio  officer 
Total  number  of ratings 
Deep-sea  pilot  taken  aboard 
Date Certificate  of competency  (detailed 
description  and serial  number) 
Name,  place,  country  of issuing 
yes no 
• • • • 
• • 
• • 
• • 
• • 
• • • • 
• • 
Deck Engine 
room 
• • 
Signature  of the master  or, if he is indisposed,  of die deputy 
(') Member  States  may decide  to exclude  from  die declaration  die part of section  C relating  to certificates 
of competency. 
NoC  192/14 Official  Journal  of the  European  Communities 30. 7. 80 
ANNEX  2 
The following  are examples  of 'clear  grounds'  as referred  to in paragraph  1 of Article  6 of the 
Directive: 
(a) a report  or complaint  by the master,  the pilot  or any  other  person  with  a legitimate  interest  in 
the safe  operation  of the ship  or the prevention  of pollution  by the ship,  unless  the responsible 
authorities  have  good  reason  to believe  that  the report  of complaint  is frivolous  or malicious; 
(b) clear  indications  that 
(i) one  or more  of the conditions  mentioned  in Article  7 (2) is present; 
(ii) the ship  is not in a seaworthy  condition  for its intended  voyage; 
(iii) the ship's  capacity  to manoeuvre  is impaired; 
(iv) dangerous  cargo  is being  carried  without  the required  safety  provisions; 
(v) there  are significant  inaccuracies  or omissions  in the declaration  referred  to in Article  4(1) 
of this  Directive  or in the tanker  check-list  provided  for in Council  Directive  79/116/ 
EEC,  as amended  by Council  Directive  79/1034/EEC; 
(vi) the  Oil Record  Book  has not been  properly  kept; 
(vii) the  ship  has improperly  discharged  harmful  substances  or effluents. 
(c) the  ship  has been  permitted  to sail with  deficiencies  not or not  fully  rectified  (Article  8 (2), 
case (c)).