28.11.78 Official  Journal  of the European  Communities 'No C 284/3 
1. Article  2 shall  read: 
'Article  2 
The reduction  provided  for  in Article  1 shall  be 
limited: 
— from  1 January  to 31 December  1979  to a 
quantity  of 27 532 tonnes,  expressed  in terms 
of boned  meat,  allocated  as follows: 
Botswana 
Kenya 
Madagascar 
Swaziland 17 360 tonnes 
130 tonnes 
6 956 tonnes 
3 086  tonnes, 
from  1 January  to 1 March  1980  to a quantity 
of 4 595 tonnes,  expressed  in terms  of boned 
meat,  allocated  as follows: Botswana 
Kenya 
Madagascar 
Swaziland 2 895  tonnes 
25 tonnes 
1 160  tonnes 
515 tonnes'. 
2. In the second  paragraph  of Article  4 '31 December 
1978'  shall  read  '1 March  1980'. 
Article  2 
This  Regulation  shall  enter  into  force  on 1 January 
1979. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
Proposal  for  a Council  Decision  rendering  mandatory  the  procedures  for  ship  in-
spection  forming  the  subject  of resolutions  of the  Inter-Governmental  Maritime 
Consultative  Organization 
(Submitted  by the Commission  to the Council  on 13 November  1978) 
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  at its meeting  on 7 and  8 April  1978  the 
European  Council  stated  that  the  Community  must 
make  the  prevention  of and  the  fight  against  the 
pollution  of the sea,  particularly  by oil, an important 
objective  of its programme,  and  reaffirmed  at its 
meeting  on 6 to 7 July  1978  the need  to intensify  the 
efforts  being  made  with  the  aim  of preventing  and 
combating  pollution  of the  seas,  particularly  by oil, 
and in addition  considered  it necessary,  taking 
account  of the proposals  from  various  Member  States 
and the  Commission,  to take  additional  measures 
with  a view  to increasing  safety  at sea; Whereas  action  by  the  Community  must,  in 
particular,  fit into  the framework  of the present  and 
future  measures  taken  by specialized  international 
organizations;  whereas  in this  context  it is necessary 
to harmonize  at  Community  level  the  safety 
inspections  of ships  on the  basis  of the  existing 
international  conventions,  resolutions  and  recommen-
dations  relating  to safety  standards  and  to the 
procedures  for verifying  their  effective  application; 
Whereas  the Inter-Governmental  Maritime  Consulta-
tive Organization,  IMCO,  has  prepared  a series  of 
procedures  for  the  inspection  of ships  intended  to 
assist  States  in ensuring  compliance  with  the 
provisions  of the  various  international  conventions 
relating  to safety  at sea  and  the  prevention  of and 
fight  against  pollution  of the seas  by ships; 
Whereas  the  Council  adopted  a declaration  at its 
meeting  on 12 June  1978  on the strengthening  of the 
effectiveness  of  ship  inspections  and  on  the 
Commission's  intention  to address  to it proposals 
for the harmonization  of national  laws  which  have 
been  adopted  or are to be adopted  in implementation 
of the international  rules; 
No C 284/4 Official  Journal  of the  European  Communities 28. 11.78 
Whereas  an initial  stage  in achieving  this  objective  is 
to incorporate  into  Community  law  the  procedures 
and directives  to be followed  in inspecting  ships 
which  have  already  been  the  subject  of IMCO 
resolutions; 
Whereas  it is desirable  for  the  resolutions  and  / 
recommendations  that  still  have  to be adopted  by 
IMCO  with  regard  to the  effective  application  of 
other  international  instruments  to be applied  by the 
Member  States,  and  whereas,  in consequence,  it is 
necessary  to make  provision  for  an  appropriate 
decision-making  procedure; 
Whereas,  in a subsequent  stage,  to ensure  full 
application  of the  IMCO  resolutions  and  of the 
Memorandum  of understanding  of 2 March  1978 
between  certain  maritime  authorities  on the mainten-
ance  of standards  on merchant  ships,  the Commission 
will propose  the  necessary  measures  relating  to the 
frequency  and  procedures  of inspection; 
Whereas  disorganized  application  of  these 
international  rules  could  only  lead  to distortions  of 
competition  within  the  Community  and  make  the 
environmental  protection  measures  and  the  safety 
measures  taken  by certain  Member  States  ineffective, 
HAS  ADOPTED  THIS  DECISION: 
Article  1 
1. The  Member  States  shall  take  all  measures 
necessary  to ensure  the  effective  application  of the 
procedures  for inspecting  ships  set out  in the Annex 
to Resolution  A 321  (IX)  on the  procedures  for 
inspecting  ships  adopted  on 12 November  1975  by 
the Assembly  of the  Inter-Governmental  Maritime 
Consultative  Organization  (IMCO)  in respect  of 
ships  putting  into  their  ports  and  subject  to the 
provisions  of the  International  Convention  of 1960 
for the  safety  of life  at sea  and  the  International 
Convention  of 1966  on load  lines. 
2. However,  in matters  covered  by paragraphs  5, 
9, 10 and  22  of the  abovementioned  Annex,  the 
Member  States  shall  retain  a discretionary  power  in 
respect  of the  application  of appropriate  procedures 
in particular  cases  that  may  arise. Article  2 
1. The  Member  States  shall  take  all  measures 
necessary  to ensure  effective  application  of the 
procedures  to be implemented  by port  States,  set out 
in paragraph  12 of Resolution  A 391  (X)  on the 
procedures  for  inspecting  discharges  in accordance 
with  the  1954  Convention  for  the  prevention  of 
pollution  of the sea by oil (including  the amendments 
adopted  in 1962  and  1969),  which  was  adopted  on 
14 November  1977  by the Assembly  of IMCO,  in all 
cases  in which  they  receive  information  about  a 
flagrant  contravention  of  the  abovementioned 
Convention  or  an  alleged  contravention  of  the 
Convention. 
2. They  shall  also  ensure  that,  in accordance  with 
the Appendix  to the  abovementioned  resolution, 
procedures  are  implemented  in  the  oil-loading 
terminals  located  on their  territory  so that  every  ship 
presented  for loading  is subjected  to an inspection  by 
the staff  of the  said  oil terminal  in respect  of the 
tank-cleaning  procedure  on its ballast  voyage  and  the 
consequent  retention  of residues  in its slop  tank(s). 
Article  3 
1. On  a proposal  by the Commission,  the Council 
shall  adopt,  by a qualified  majority,  the  Decisions 
necessary  for the effective  application  by the Member 
States  of the resolutions  or recommendations  that  are 
still to  be  adopted  by  IMCO  concerning  the 
implementation  of international  maritime  agreements. 
2. Within  one  year  following  the adoption  of this 
Decision,  the Council  shall  act by a qualified  majority 
on a Commission  proposal  regarding  measures 
relating  to the  frequency  of and  procedures  for 
inspections. 
Article  4 
As soon  as possible  and  by no later  than  ...,  the 
Member  States,  having  consulted  the  Commission, 
shall  adopt  the  laws,  regulations  and  administrative 
provisions  necessary  for  the  implementation  of this 
Decision. 
Article  5 
This  Decision  is addressed  to the Member  States.