Proposal for a Council Directive setting up a harmonized safety regime for fishing vessels of 24 metres in length and over
Date: 1996-07-11
Institutions: European Commission
Subjects: fishing vessel, harmonisation of standards, maritime safety, occupational safety, safety standard

*  -  Sf 

•I1  **?„' '  ' 
' 
*t  Î7t, 

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  11.07.1996 
COM(96) 255  final 

96/0168  (SYN) 

Proposal  for  a 

COUNCIL  DIRECTIVE 

Setting up a Harmonized  Safety  Regime  for  Fishing  Vessels 
of 24 metres  in length and over 

(presented  by  the  Commission) 

LIST  OF  CONTENTS 

EXPLANATORY  MEMORANDUM 

GENERAL  INTRODUCTION 
CONTENT  OF  THE  PROPOSED  COUNCIL  DIRECTIVE 
JUSTIFICATION  FOR  A  COUNCIL  DIRECTIVE 
SPECIAL  CONSIDERATIONS 
APPENDIX  1 
APPENDIX  2 

LEGISLATIVE  ACT 

PROPOSAL  FOR  A  COUNCIL  DIRECTIVE 
ANNEX  I 
ANNEX  II 
ANNEX  III 
ANNEX  IV 

DECISION  OF  THE  EEA  JOINT  COMMITTEE 

FINANCIAL  STATEMENT 

IMPACT  ASSASSMENT  FORM 

2 
7 
9 
11 
16 
19 

22 
32 
34 
38 
42 

54 

56 

59 

<L 

EXPLANATORY MEMORANDUM 

GENERAL INTRODUCTION 

1. 

Safety  of  fishing  vessels  has  always  been  of  great  concern  to  the  European 
Community.  Recognizing that fishing  is among the most accident prone occupational 
activities  known  to  man1,  several  initiatives  were  taken  both  at  worldwide  and  at 
European  level aiming at the improvement  of  this  situation. 

Although  regrettably,  no  complete  picture  can  be  given  of  accidents  with  fishing 
vessels  occurred  within  the  European  area,  due  to  lack  of  consistent  statistics  in 
Member  States.  The  figures  presented  in Appendix  1 demonstrate  nevertheless  the 
importance  of  this  problem.  The  high  rate  of  accidents  has  triggered  the  special 
attention of the Commission,  on the one hand by the Programme  of action on safety 
and health at work  and on the other by the Common Transport  Policy.  The risks  to 
which  fishermen  are  exposed  are  often  directly  linked  to  the  constructional 
requirements  of  the ship and to  its safety  equipment. 

2. 

At Community level initiatives have focused  so far essentially on the improvement of 
the working  and living conditions  of fishermen  on board  fishing  vessels. 

On 23 November  1993 the Council adopted Council Directive 93/103/EC concerning 
the minimum  safety  and health  requirements  for  workers  on board  fishing  vessels2. 
This  Directive aims to ensure that new fishing  vessels  with a length of  15 metres or 
over and existing fishing  vessels with a length of 18 metres or over,  which are flying 
the flag of a Member State, are not endangering the safety  and health of workers.  In 
the  framework  of  this  Directive  a  set  of  minimum  safety  and  health  requirements 
related  to  the  vessel  and  its  equipment  have  been  established.  However  these 
requirements  are  less  detailed  than  those  already  embodied  in  international 
Conventions  related  to maritime  safety. 

3. 

At international level the situation is rather complex. The first  meaningful  step in this 
sector  dates  back  to  the  seventies,  with  an  attempt  to  achieve  agreement  on  an 
international  convention,  laying down safety  regulations  for  vessels  of 24 metres  in 
length and  over. 

In 1977, 45 countries including the 9 coastal Member States of the Community agreed 
in Torremolinos  upon a safety  regime for  fishing  vessels of a length of 24 metres or 
more and signed the International Convention for the Safety of Fishing Vessels, called 
the  1977 Torremolinos  Convention. 

l 

For  the  period  1982-1991  not  less  than  1580  casualties  (world-wide  and  only  for  vessels  above  100 
GT),  with  1186  lives  lost,  were  reported  to  Lloyds. 

O.J.  L  307  of  13.12.93,  p.l.  This  Directive  is  the  13 th  individual  Directive  within  the  meaning  of 
article  16(1) of  Directive  89/391/EEC on the introduction  of measures  to encourage  improvements  in 
the  safety  and  health  of  workers  at  work. 

The  Convention  consists  of  over  200  pages  of  detailed  regulations  concerning  the 
standards  of construction  to be applied essentially  for  new vessels,  including  the type 
and  nature  of  equipment  on  all  subjects  which  have  a bearing  on  ship  safety.These 
regulations broadly  reflect  the-provisions of the 1974Tnternational Convention for  the 
Safety  of  Life  at  Sea  (SOLAS),  whilst  taking  due  account  of  the  particularities  of 
fishing  vessels. 

Seven  Member  States  (B,  D,  E,  F,  IT,  NL  and  UK)  have  ratified  the  Convention, 
but,  since  the  minimum  required  number  of ratifications  have  never  been  achieved, 
the  1977  Convention  has  never  entered  into  force. 

The  main  reason  for  the  non-ratification  of  the  1977  Torremolinos  Convention, 
despite  the  efforts  deployed  at  Community  level1  2,  was  the  unwillingness  of  the 
leading  fishing  countries  to apply  a stringent  safety  regime,  copied  from  SOLAS,  to 
smaller  vessels  (70  GT)  operating  mostly  in coastal  areas. 

On  a  worldwide  scale,  the  largest  fleets  are  found  in Japan,  Russia,  China,  Korea, 
USA  and  the  Philippines,  and  account  for  about  50%  of  the  world  fleet.  Today  this 
situation  has  hardly  changed  (see  Appendix  1).  This  gives  these  countries  effective 
power  to determine  whether  or  not the  Convention  would ever  enter  into  force,  thus 
mortgaging  also  all  future  worldwide  initiatives. 

4. 

5. 

A  further  weakness  of  the  1977  Torremolinos  Convention  concerned  its  scope  of 
application,  since  its rules  were limited to vessels  with a length of 24 metres  or more. 
Those  fishing  vessels  represent  only  a tiny  fraction  (around  3%)  of the total fleet,  so 
that the impact of such Convention would have been limited in sheer terms  of number 
of  vessels  affected,  although  clearly  the  larger  ships  account  for  a  proportionally 
larger  share  of  the  catch. 

Since the signature  of the Torremolinos  Convention in 1977 many modifications  have 
been made  to  other  relevant  international  safety  instruments,  and  in particular  to  the 
SOLAS  Convention,  modifications  which  in principle  should  be  introduced  also  into 
the Torremolinos  Convention.  For  this reason the Maritime  Safety  Committee of the 
IMO initiated  in 1990 the revision of the Torremolinos  Convention.  This revision was 
completed  in  1993  at  a  new  Conference,  held  in  Torremolinos  from  22/3  to  2/4, 
which  adopted  a Protocol  to the  1977  Convention. 

On 23 September  1980 the Council  adopted  a recommendation  on the ratification  of the  Torremolinos 
Convention,  O.J.  L.  259  of  2.10.1980,  p.29 

On 25 June  1984 the Commission  presented  a Proposal  for a Council  decision  on the ratification  of the 
Torremolinos  Convention  and the application of the provisions thereof  by Member  States pending  the 
entry  into  force  of the Convention  at  international  level,  O.J C  183 of  10.7.1984, p. 17. Following  on 
partly  from  a disagreement  on the legal basis of the action (whether  fisheries  policy or transport  policy) 
and  differences  discovered  between  the  provisions  of  the  Torremolinos  Convention  and  the  revised 
1978  SOLAS  Convention,  the  Commission  proposal  was  never  finalized  at  Council  level. 

6. 

The  holding  of  a  new  conference  provided  also  the  opportunity  to  amend  the 
Torremolinos  1977 Convention  in such a way that it would become more attractive 
to  those  countries  with  the  largest  fishing  fleets  and  thus  creating  the  conditions 
necessary for entry into force of the convention or at least its Protocol.To this end the 
obligatory  application  of  the  main  chapters  of  the  revised  Convention  has  been 
restricted  to vessels of 45 meters and above. For vessels with a length between 24 and 
45 meters application of the safety requirements is left to regional decisions. However 
no specific provision has been included in the Protocol ensuring that uniform regional 
standards could be applied to fishing vessels flying the flag of States not bound by the 
regional  standard  and  operating  in  the  region  concerned.  It  is  the  opinion  of  the 
Commission  that  such  a  provision  in  any  case  is  not  strictly  necessary  since 
international law permits, as a condition to obtain a fishing licence, to impose regional 
construction  rules  on third  flag  vessels  when  fishing 
in  the  area  covered  by  the 
licence and that these rules can also be imposed on third flags  landing their catch in 
Community  ports  as a condition for  port entry. 

A summary of the Protocol and of the main chapters of the Annex to this Protocol is 
given in Appendix 2. 

The revision of the 1977 Torremolinos  Convention affected  both the adoption process 
of the health and safety  Directive mentioned  under paragraph 2 and some aspects of 
the EU maritime  safety  policy. 
In its proposal  for  a health and safety  Directive1 the Commission underlined that the 
revision of the Torremolinos  Convention would not be interfered  with, provided that 
it would  result  in a level of  safety  and protection  for  workers  at least equivalent  to 
that contained  in the Commission's  proposal.  The Commission  reserved  the right to 
take  measures  to  ensure  that  the  Convention  or  similar  provisions  are  applied  as 
widely as possible to fishing  vessels  in the Community. This principle was reiterated 
in the  Commission's  Communication  "A common  policy  on safe  seas"2,  where  the 
Commission  was  ahead  to  conclude  that  the  international  solution,  by  limiting 
mandatory  rules  to  vessels  larger  than  45  meters  in  length,  does  not  provide  the 
required  answer for the Community. The Commission's conclusion was based on the 
fact  that 85% of the fishing  vessels above  100 GT in the Community having a length 
between 24 and 45 metres, the Protocol would have little effect  on the safety  level of 
the European  fishing  fleet.The  next  step  was therefore  the search  for  a Community 
solution - to be extended as far as possible to other countries of the European region -
seeking  a higher level of safety.  The Commission  announced then that its proposals 
for  an  harmonized  safety  regime  for  fishing  vessels  will  be  based  upon  the 
internationally  agreed  rules  for  vessels  of 45 m in length  and above,  adapted  as  far 
as necessary,  to take into account the local conditions of the areas where the vessels 
operate. The Commission proposed  firstly  to legislate on fishing  vessels of 24 meters 
in  length  and  over.  According  to  EUROSTAT  figures  4  % of  Community  fishing 
vessels  in  1995 were over  24 m in length but  these  account  for  57.4  % of  the total 

COM(91)  466  final-SYN  369 of  27/11/1991. 

COM(93)66  final  of  24/2/1993 

tonnage.  The  implementation  of  safety  standards  for  vessels  of  24 metres  in  length 
and above can therefore  only be seen as a first  step towards  the realisation  of a  safety 
regime  covering  a  larger  segment  of  the  European  fishing  fleet. 
For  vessels  below  24  meters an  length,  the  Commission  is  of  the  opinion  that  it  is 
more appropriate  to examine with the Member  States whether further  measures  would 
be required  to complement  those  already  included  in the health  and  safety  Directive. 

In  the  light  of  the  application  of  the  subsidiarity  principle  both  the  Commission  and 
the Council,  on the eve of the 1993 Diplomatic Conference,  convened for  the revision 
of the  1977 Torremolinos  Convention,  were of the opinion that with a view to ensure 
that  the  Community  objectives  related  to  the  internal  market  and  on  fisheries  would 
not be affected  by the implementation  of different  construction  standards,  which may 
be  the cause  of  distortion  of  competition,  Member  states  as  well  as  the  Community 
should  have  the  possibility  to  accede  to  the  future  Protocol.  Community  accession 
would  in  fact  ensure  that  the  Convention  is  brought  into  application  within  the 
Community  at the same time, guaranteeing  a uniform  and simultaneous  application of 
the rules  in the Community  and that the rules  implementing the Convention are shaped 
in  conformity  with  the  relevant  Community  policies  and  that  they  apply  in  all  the 
Member  States  to fishing  vessels  concerned  operating  in Community  waters.  To  this 
end  the  Commission  has  transmitted  to  Council  a  Recommendation  for  a  Council 
decision  giving  the Commission  negotiating  directives.  This  was  denied  by  Council. 
However,  Member  States  and  the  Commission  tried jointly  during  the  Torremolinos 
Conference  to safeguard  a uniform  high level of safety,  to preserve  the right  to adopt 
appropriate  rules  at Community  level for  vessels  between 24 and 45 meters  in  length 
and  the possibility  for  the Community  to become  a contracting  party  to the  Protocol. 

The  results  of  the  Torremolinos  Conference  ensured  only  one  out  of  the  three 
objectives. 

Article  3(5)  of  the  Protocol  permits  the  development  of  regional  arrangements 
ensuring  the  implementation  of  a uniform  and  coherent  safety  regime  for  all  fishing 
vessels  operating  in  European  waters. 

At  the  closure  of  the  Conference  the  Commission  was  therefore  in  a  position  to 
announce that the European Community intends to initiate, among the European  States 
which  are  parties  to  the  European  Economic  Area,  the  development  of  the  widest 
possible  regional  arrangement  for  vessels  between  24  m  and  45  m  in  length,  which 
would  be  based  to  the  largest  extent  possible  on  the  provisions  which,  under  the 
Protocol,  would  apply  to  vessels  of  45  m  in  length  and  above. 

The possibility  for  the Community  to become  a contracting  party  to the Protocol  was 
denied  by  strong  opposition  of  several  countries.  Faced  with  this  reality,  the 
Community  declared  that the  Member  States  reserve  the right  to submit,  to the  IMO 
Assembly  at  a  later  stage,  a  proposal  giving  the  possibility  to  become  a  contracting 
party  to  the  Torremolinos  Protocol.  Since  the  need  and  added  value  of  becoming  a 
contracting  party  to  the  Torremolinos  Protocol  also  arises  for  other  maritime  safety 
Conventions,  such  as the SOLAS  and  the STCW  Conventions,  the Commission  does 
not  want  at  this  stage  to  re-open  an  institutional  debate.  Reserving  the  right  of  the 

Community  to  exercise  its  competencies  whenever  and  wherever  appropriate  the 
Commission  informed  the  Member  States  in  June  1994  that  it  had  no  objection  to 
Member  States signing or ratifying  the Torremolinos  Protocol where appropriate.  The 
Commission  further  informed  them that it rather prefers  to concentrate  its efforts  upon 
the  development  of  a  coherent  European  safety  regime,  through  an  appropriate 
Community 
in  line  with  the  view  it  expressed  at  the 
Torremolinos  Conference  and  applicable  to all  fishing  vessels  operating  in  European 
waters. 

instrument, 

legislative 

On  the  interpretation  as  to  whether  or  not  regional  agreements  can  be  enforced  on 
vessels  of  non-parties  to  such  agreements,  no  decision  on  either  option  could  be 
reached  within  IMO.  In  these  circumstances  the  Member  States  and  the  Community 
remain  free  to  apply  their  interpretation  of  the  legal  situation,  which  leaves  room  for 
applying  a uniform  regime  to  all  fishing  vessels  operating  in  the  same  area. 

9. 

With  the  aim  to  prepare  an  appropriate  legislative  instrument,  meeting  the  need  for 
a  safety  regime  with  a  scope  extended  to  fishing  vessels  with  a  length  of  24  metres 
onwards  and  including  fishing  vessels  flying  the flag  of third  States,  the  Commission 
consulted  the  industry  concerned  (owners,  shipbuilders,  classification  societies  and 
fishermen)  and  the  government  experts  of  the  Member  States.  Due  to  the  E.E.A. 
dimension  of the initiative the experts  of Iceland  and Norway  were  associated  to these 
consultations.  The  consultations  resulted  in  the  annexed  Proposal  for  a  Council 
Directive  on  setting-up  a  harmonized  safety  regime  for  fishing  vessels  of  24  m  in 
length  and  over. 

CONTENT  OF THE  PROPOSED  COUNCIL  DIRECTIVE 

10. 

Having  regard  to  the  Torremolinos  Protocol  and  in  particular  Article  3(5),  which 
encourages  States  to establish uniform  standards  for  fishing  vessels  of 24 m in length 
and  over  but  less  than  the  length  limit  prescribed - for  the  application  of  certain 
chapters  of  the  annex  to  the  Protocol,  and  whereas  the  aim  must  be  pursued  of 
applying the regional  safety  rules  to all fishing  vessels  with a length of 24 metres  and 
over  operating  in the  fishing  zones  of the Community,  not only fishing  vessels  flying 
the  flag  of  a  Member  State  fall  under  the  scope  of  the  Directive,  but  also  those  of 
third States operating  in the internal or territorial  waters  of a Member  State or landing 
their catch in a port of the Community.  With regard  to fishing  vessels  operating  in the 
fishing  zones  of  the  Community  but  outside  the  internal  or  territorial  waters  of  a 
Member  State  and  which  do  not  land  their  catch  in  an  E.U.  port,  their  compliance 
with  the  EU  rules  will  be  achieved  through  appropriate  fishery  agreements  with  the 
concerned  third  States. 

The  standards  laid  down  in  the  Directive  are  based  upon,  to  the  greatest  possible 
extent,  the  1993  Torremolinos  Protocol,  taking  as  far  as  necessary  full  account  of 
regional  and  local  circumstances. 

Since  the  Member  States,  together  with  Norway  and  Iceland  cannot  ensure  by  their 
ratification  or  adherence  an  early  entry  into  force  of  the  Protocol,  the  Commission 
proposes  that  all  fishing  vessels  flying  the  flag  of  an  E.U.  Member  State  apply  the 
rules  of  the  1993  Protocol  by  1 January  1998  at  the  latest.  The  proposed  Council 
Directive  will  be  relevant  for  the  European  Economic  Area  (EEA)  and  will  be 
proposed  for  extension to the EEA  Agreement.  On the EEA/EFTA  pillar this Council 
Decision  will  have  particular  relevance  for  Norway  and  Iceland. 

Taking  into  account  that  the  Protocol  does  not  contain  rules  on  essential  life  saving 
appliances  nor  on certification  for  existing  fishing  vessels  of 24 m in length and  over, 
the Commission  considers  this Directive  as a first  step,  which  should  be  followed  by 
a  second  one  ensuring  that  existing  fishing  vessels  comply  with  an  acceptable  safety 
regime,  as far  as possible equivalent to the one proposed  for  new vessels.  To this end 
the Commission  intends to submit  appropriate  proposals  before  1 January  1998.  The 
Commission  will also examine, in the light of the implementation of Council Directive 
93/103/EC,  the appropriacy  of developing relevant safety  rules for  new fishing  vessels 
of  a  length  less  than  24  m. 

With  regard  to  the  construction  and  maintenance  of  hull,  main  and  auxiliary 
machinery,  electrical  and  automatic  plants,  it  is  proposed  that  these  features  shall 
comply  with  the  standards  specified  for  classification  by  the  rules  of  a  recognized 
organisation,  or  with an equivalent  standard.  This  approach  ensures  consistency  with 
similar  measures  adopted  for  other  types  of  ships  under  the  Directive  on  Common 
Rules  and  Standards  for  Ship  Inspection  and  Survey  Organisations,  adopted  by  the 
Council  on  22  November  1994  l. 

O.J.  L319,  12.12.94,  p.  20 

Marine  equipment,  listed  in  Annex  A.l  to  the  Council  Directive  on  Marine 
Equipment1 and complying with the requirements  of the latter,  will be automatically 
considered  to be in conformity  with the provisions  of this Directive,  whether  or not 
such provisions require that equipment must be approved and subjected  to tests to the 
satisfaction  of the Administration  of  the flag  State. 

Due attention  has been paid  to  the need  to ensure  that the  safety  provisions  of  this 
Directive  do  not  conflict  with  the  application  of  other  provisions  of  the  Treaty  or 
relevant  EU  legislation,  such  as  the  fishery  policy  and  the  free  transfer  of  ships 
within the EU.  With regard  to the elimination of technical barriers  to the transfer  of 
vessels  between  Member  States'  national  registers  with  the  aim  to  facilitate  the 
transfer  of  vessels  within  the  Community  and  to  free  the  owners  from  costs  and 
administrative procedures involved in a change of register  within the Community, the 
Commission refers to Council Regulation (EEC) N* 613/912. Whereas this Regulation 
only applies to cargo ships complying to SOLAS, the Commission intends to propose 
to amend this regulation, bringing the fishing  vessels covered by this Directive under 
the scope of  the regulation. 

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

Council  Regulation  (EEC) N* 613/91 of 4 March  1991 on the transfer  of ships from  one register to 
another  in the Community  ,O.J.  L 68,  13.3.91 

8 

JUSTIFICATION  FOR  A COUNCIL  DIRECTIVE 

11. 

a)  What are the objectives of the proposal in relation to the obligations of the 

Community? 

The  obligations  of  the Community  in this context  are  the  improvement  of  safety  in  maritime 
transport  as  foreseen  in Article  84  (2)  of  the  Treaty  read  in conjunction  with  Article  75  (1) 
(c).The  objective  of  the  action  proposed  is  the  establishment  of  a  harmonized  set  of  safety 
standards  for  fishing  vessels  flying  the flag  of a Member  State as well as  for  vessels  of third 
countries  operating  in the internal  or territorial  waters  of the Member  States  or  landing  their 
catch  in  a Port  of  a Member  State. 

12. 

b) 

Is  the  envisaged  action  solely  the  responsibility  of  the  Community  or  a 
responsibility  shared  with  the  Member  States? 

The  envisaged  action  does  not  relate  to  an  exclusive  competence  of  the  Community. 
The  responsibility  is  shared  with  the  Member  States.  The  responsibility  of  the  Community 
is to ensure  a framework  of  rules  providing  a harmonized  level of safety  for  fishing  vessels 
operating  in the  same  area.  The  responsibility  of  the Member  States  is  to  adopt  within  their 
own national legislation measures  designed to ensure  an effective  application of the Directive. 

13. 

c) 

What  is  the  Community  dimension  of  the  problem? 

All  Member  States  are  concerned  as  flag  States.  In  addition  they  are  subject  to  the  common 
fisheries  policy.  Common  safety  requirements  will  also  ensure  that  competition  takes  place 
on  an  equal  level  in Community  waters  without  compromising  safety  standards. 

14. 

d)  What is the most efficient  solution taking into account the resources of the 

Community  and  the  Member  States? 

The  most  efficient  solution  is  the  setting-up  of  common  safety  requirements  based  to  the 
utmost  upon  rules  accepted  on  a  broader  international  level,  while  leaving  to  the  Member 
States,  in their  capacity  as flag  State and  port  State,  the  task  of ensuring  and  monitoring  the 
compliance  with  such  requirements. 

15. 

e) 

What  is  the  concrete  added  value  of  the  action  envisaged  by  the 
Community  and  what  would  be  the  cost  of  inaction? 

The  Community  has  a major  interest  in the establishment  of harmonized  safety  standards  for 
fishing  vessels  in order  to protect  fishermen  more  adequately.  Statistics  demonstrate  that all 
too  often  a  high  price  is  paid  in  terms  of  shipping  casualties  involving  the  loss  of  human 
lives.  This  has  been  recognized  at  international  level  and  has  prompted  the  International 
Maritime  Organization  to  develop  international  safety  requirements  contained 
in  the 
Torremolinos  Convention  and  in  the  Torremolinos  Protocol.  The  latter  urges  contracting 
parties,  in view  of  the  inherent  risks  involved  in the operation  of  fishing  vessels,  to develop 

uniform  regional  standards,  as  soon  as possible,  without  awaiting  the entry  into  force  of  the 
Protocol.  Inaction  of  the  Community  with  respect  to  the  safety  standards  for  fishing  vessels 
not covered by international safety  requirements  would maintain the present unsatisfactory  and 
non-harmonized  safety  level resulting  from  different  standards contained within each Member 
State's  national  legislation  for  fishing  vessels  operating  in European  waters  and  falling  under 
the  common  fisheries  policy.  Furthermore,  common  rules  on  ship  safety  are  absolutely 
essential  to  set  the  basis  for  a level  playing  field  amongst  competing  operators. 

16. 

f) 

What  forms  of  actions  are  available  to  the  Community? 

Despite  the existence  of an international  convention,  the Community  is faced  with  unilateral 
actions  undertaken  by each Member  State resulting  in  varying  safety  levels  of  national  rules 
for  the  national  fleets  operating  in  waters  falling  under  the  scope  of  the  common  policy  on 
fisheries. 

Since  it  has  been  impossible  for  the  Community  to  become  a  contracting  party  to  the 
Torremolinos  Protocol  it  remains  uncertain  that  all  Member  States  will  ratify 
the  Protocol 
and  in  addition  no  guarantees  can  be  provided  that  this  Protocol  will  effectively  enter  into 
force.  Even  should  the  Protocol  come  into  force,  vessels  of  24  m  in  length  and  over  but 
less  than 45 m  would  not  be covered  by  the main  safety  rules  of the Torremolinos  Protocol. 
Therefore  the only  form  of action to achieve the objective  of setting up an harmonized  safety 
regime  covering  all  fishing  vessels  of  24  m  in  length  and  over  operating  in  Community 
waters  is to  introduce  a binding  measure,  in the form  of a Directive,  thus  avoiding  divergent 
national  measures. 

It  is  therefore  for 
the  Council  to  adopt  a  Directive  ensuring  the  implementation  of 
internationally  agreed  standards,  allowing  however  for  appropriate  and  harmonized 
derogations  or additional  requirements  in order to cope with specific  situations.  In.this  way, 
a  uniform  and  harmonized  level  of  safety  requirements  for  fishing  vessels  operating  in 
Community  waters  will be introduced,  and distortion  of competition amongst  the fleets  of the 
various  Member  States  and  third  countries  will  be  avoided. 

17. 

g) 

Is  uniform  legislation  necessary  or  does  a  Directive  setting  the  general 
objectives  and  leaving  the  execution  to  the  member  States  suffice? 

In  accordance  with  the  proportionality  principle,  a  Directive  will  be  sufficient  as  this  will 
establish  common  requirements  at Community  level  to harmonize  the safety  level  of  fishing 
vessels  flying  the  flag  of  a  Member  State  and  other  flags  operating  in  internal  or  territorial 
waters  of a Member  State or  landing  their catches  in a port  of a Member  State,  while  leaving 
the  choice  of  practical  and  technical  procedures  for  implementation  to  each  Member  State. 
In  so doing,  this  Directive  leaves  to each  Member  State  the responsibility  of deciding  on the 
implementation  tools  which  best  fit  its  internal  system. 

10 

SPECIAL  CONSIDERATIONS 

Article  1 

This  article  defines  the  purpose  of  the  Directive,  that  is  to  improve  the  safety  of  fishing 
vessels,  by introducing a set of harmonized  safety  rules for new and existing fishing  vessels 
of 24 metres  in length  and over,  without prejudice  to the provisions  of  Council  Directive 
93/103/EC of 23 November  1993 concerning  the minimum health and  safety  requirements 
for  work on board  fishing  vessels1. 

The scope of this Directive covers fishing  vessels of 24 metres in length and over, both new 
and also existing,  in so  far  as the Annex to the  1993 Torremolinos  Protocol  applies  to the 
latter, when flying the flag of a Member State or when operating in the internal or territorial 
waters  of a Member  State or landing their catches  in a port of a Member State. 

Article 2 

This  article  lays down  the definitions  of  the key  words  of the Directive.  These  definitions 
are,  to the largest  possible  extent,  kept  in line with those  in the International  Conventions, 
in particular  the  1977 Torremolinos  Convention  and the  1993 Torremolinos  Protocol. 

Article 3 

This  article  lays down the general  safety  measures  to be applied by a Member  State  in its 
capacity  as Flag  State to fishing  vessels  flying  its flag, and  in its capacity  as Host State to 
fishing  vessels,  flying  the  flag  of  a third  State  and  operating  in the  internal  or  territorial 
waters  of that Member  State or  landing their catches  in a port of a Member State. 

Paragraph (1) calls on Member States to ensure compliance of all fishing  vessels, flying their 
flag, with the requirements  of the Annex to the  1993 Torremolinos  Protocol,  as far as these 
are applicable and unless  not otherwise  provided  for  in Annex I,  by  1 January  1998. 

Paragraph  (2) sets  out,  in accordance  with thé principle  of  Article  3, paragraph  (4) of the 
1993  Torremolinos  Protocol,  the  requirements  to  be  applied  by  a  Member  State  to  new 
fishing  vessels with a length of 24 metres and over but less than the lower length limit of 45 
metres  specified  in the  Annex  to the  1993 Torremolinos  Protocol  for  the application  of  its 
Chapters  IV,  V,  VII  and IX.  It requires  that by  1 January  1998 such fishing  vessels,  when 
flying  the flag of a Member State, shall comply with the requirements of Chapters IV, V, VII 
and IX of the Annex to the 1993 Torremolinos  Protocol, unless otherwise provided in Annex 
II. 

OJ  L 307  of  13  December  1993, p. 1 

11 

Paragraph  (3) deals  with the specific  requirements  to be applied  to fishing  vessels  operating 
in  specific  areas,  where  geographical  -  and  in  particular  climatic  -  conditions,  justify  to 
amend  the  general  safety  requirements  by  specific  requirements  to  take  into  account  these 
conditions.  The  specific  areas  and  the  specific  conditions  to  be  applied  in  these  areas  are 
defined  in Annex  III. 

Paragraph  (4)  lays  down  the  measures  to  be  applied  by  a  Member  State,  in  its  capacity  as 
Host  State,  to  fishing  vessels  flying  the  flag  of  a  third  State.  It  requires  as  a condition  for 
such vessels  to operate  in a Member  State's  waters  or to enter  a member  state's  port  to  land 
their  catch,  that  they  shall  be certified  by  their  flag  State Administration  to comply  with  the 
requirements  of  articles  3  and  7  . 

Finally  paragraph  (5)  provides  for  the  automatic  recognition  of  marine  equipment  for  the 
purpose  of  this  directive,  if  such  equipment  is  listed  in Annex  A.l  to  the  Council  Directive 
on  Marine  Equipment  and  is complying  with  all  requirements  of  that  Directive. 

Article  4 

The  geographical,  and  especially  the  climatic,  characteristics  of  Member  States'  fishing 
waters  can be  very  different.  It  is the  aim  of  this  article  to cover  those  cases  where  specific 
safety  measures  due  to local circumstances  are  necessary  to enhance  safety  in that area.  The 
same applies for the characteristics  of some types of fishing  vessels,  such as their construction 
material,  which  require  specific  measures.  Any  Member  State wishing  the  establishment  of 
such measures  may  submit  to the Commission  a request  for  their adoption.  The  Commission 
assisted  by  the  Advisory  Committee  will  decide  upon  the  adoption  of  such  proposed 
measures,  in accordance  with the procedure  set  up  in article  11.2.  All  measures  so  adopted 
shall  be  added  to  Annex  III. 

Article  5 

This  article lays down the rules  of game to be applied  if a Member  State wishes  to avail  itself 
of  the  provisions  of  regulation  3,  paragraph  3,  of  Chapter  1 of  the  Annex  to  the  1993 
Torremolinos  Protocol  to  exempt  fishing  vessels  ,  operating  solely  in  near  the  coast  of  that 
Member  State,  from  any  of  the  requirements  of  the  Annex  to  the  1993  Torremolinos 
Protocol. 

Any  Member  State  availing  itself  of  such  provision  shall  submit  due  notification  to  the 
Commission.  The  Commission assisted  by the Advisory  Committee may require the Member 
State to withdraw  or  modify  the proposed  measures  for  granting  exemptions  , in  accordance 
with  the  procedure  set  up  in article  11. 

In order to avoid  abuses of  the above provisions  for  adopting measures  to grant exemptions, 
it is absolutely  necessary  that the specific  conditions  in which these measures  may be applied 
are  clearly  specified  in  the  national  legislation,  and  that  they  shall  be  applied  without 
discrimination  to  the  ship's  flag  or  the  nationality  or  place  of  establishment  of  the 
shipoperator.  These  measures  shall  only  apply  for  so  long  as  the  ship  is  operating  under 
specified  conditions. 

12 

Article  6 

A provision  for  adopting measures  allowing equivalents  has been provided  for,  similar  to the 
provisions  for  equivalents  provided  for  in  Regulation  4,  paragraph  1,  of  Chapter  1 of  the 
Annex to the 1993 Torremolinos  Protocol. The same Committee procedure  as for  the granting 
of  exemptions  has  to  be  followed  by  a  Member  State  availing  itself  the  application  of  this 
provision. 

Article  7 

To  ensure  optimum  condition  of  the  hull,  main  and  auxiliary  machinery  and  electrical  and 
automatic  plant  it  is  compulsory  that  the  design,  construction  and  the  maintenance  of  these 
features  are  surveyed  in  order  to  ensure  conformity  with  the  standards  specified  for 
classification  by  the  rules  of  a  "recognised  organisation". 

These  "recognised  organisations"  are accurately  defined  in the Council  Directive  94/57/EC  ' 
as  organisations  professionally  efficient,  reliable  and  able  to  maintain  proper  control  of 
compliance  with  safety  and  environmental  protection  standards  of  the  vessels  they  classify. 

Article  8 

Bonafide  certificates  of  compliance  will  prove  that  fishing  vessels  have  been  thoroughly 
inspected  and  are  in  accordance  with  the  requirements  laid  down  in  the  Directive  .  The 
certificates  of  compliance  shall  be  granted  either  by  the  Administration  of  the  flag  State  or 
by a recognized  organisation  which has been delegated  the authority  to carry  out such surveys 
for  the  purpose  of  ascertaining  the  sound  condition  of  the  ship  or  craft. 

Annex  IV  provides  the  format  for  the  certificate  of  compliance.  All  fishing  vessels  falling 
under  the  scope  of  this  Directive  will  have  to  carry  on  board  a certificate  of  this  nature  in 
order  to  prove  that  the  ship  complies  with  the  requirements  laid  down  in  the  Directive. 

The  certificate  of  compliance  will  be  subject  to  periodical  renewals  in  accordance  with  the 
provisions  of  Regulation  11 of  Chapter  1 of  the  Annex  to the  1993  Torremolinos  Protocol, 
following  satisfactory  compliance  to  periodical  surveys,  carried  in  accordance  with  the 
provisions  of  Regulation  6 of  Chapter  1 of  the  Annex  to  the  1993 Torremolinos  Protocol. 

Article  9 

Paragraph  (1) allows  Member  States,  in their capacity  as port State, to inspect  fishing  vessels 
operating  in their  internal  or  territorial  waters  or  landing  catch  in their  ports,  in  accordance 
with the  provisions  of  Article  4 of the  Torremolinos  Protocol,  in order  to  ascertain  whether 
the  condition  of  the  vessel  is  in  compliance  with  its  certificate  of  compliance  with  this 
Directive. 

O.J.  N'  L  319,  12.12.94,  p.  20  on  common  rules  and  standards  for  ship  inspection  and  survey 
organisations  and  for  the  relevant  activities  of  maritime  administrations, 

13 

Paragraph  (2)  stipulates  the  limitations  of  the  port  State  rights  of  a  Member  State  vis-à-vis 
fishing  vessels  flying  the  flag  of  a  third  State  which  are  not  operating  in  the  internal  or 
territorial  waters  nor  landing  catch  in the  ports  of  the said  Member  State.  The provisions  of 
paragraphs  2 and  3 of  article  3 shall  not be applied  to such  vessels,  neither  the provisions  of 
the  Torremolinos  Protocol  as  long  as  the  latter  has  not  entered  into  force. 

Article  10 

This article allows the Commission to amend this Directive,  in accordance  with the procedure 
laid  down  in  article  11, 
to  adopt  and  incorporate  provisions  for  harmonized  interpretation 
of  the  regulations  of  the  Annex  to  the  Torremolinos  Protocol,  for  mandatory  application  of 
the  1993  Torremolinos  Conference  recommendations  and  for  the  implementation  of  IMO 
Resolutions  and  Circulars  relevant  for  a  coherent  application  of  the  provisions  of  the 
Torremolinos  Protocol.  It also allows the Commission to amend the Annexes of the Directive, 
in order  to be able take into account future  developments  in safety  regulations  at  international 
level. 

Without prejudice  to the procedures  for  amending the Torremolinos  protocol,  the application, 
for  the purpose  of  this  Directive,  of subsequent  amendments  thereto  which have entered  into 
force  shall  be  decided  upon  in accordance  with  the  procedure  laid  down  in  article  11. 

Article  11 

This  article  appoints  the  Advisory  Committee  instituted  under  Article  12  of  the  Council 
Directive  93/75/EC  *  and  also  describes  the  procedure  which  must  be  followed  when  the 
Directive  establishes  a  Committee  procedure.  It  is  the  type  procedure  I  of  article  2  of  the 
Council  Decision  87/373/EEC  of  13 July  1987  2. 

Article  12 

This  article  stipulates  the procedure  to be followed  by the Commission  to inform  the IMO of 
the  adoption  of  the  Directive,  in  accordance  with  the  provisions  of  article  3(5)  of  the  1993 
Torremolinos  Protocol. 

Article  13 

This  article  upholds  the  measures  with  which  each  Member  State  has  to comply  in order  to 
enforce  the  Directive. 

O.J.  N*  L 247,  05.10.93,  p.  19 concerning  minimum  requirements  for  vessels  bound  for  or  leaving 
Community  ports  and  carrying  dangerous  or  polluting  goods. 

O.J.  N*  L  197/33,  17.07.97,  Council  Decision  87/373/EEC  of  13  July  1987,  laying  down  the 
procedures  for  the  exercise  of  implementing  powers  conferred  on  the  Community. 

14 

Article  14 

No comments 

Article 15 

No comments 

15 

APPENDIX  1 

STATISTICAL  INFORMATION 

1. 

OVERVIEW  OF  THE  COMMUNITY  FISHING  FLEET  OF  THE  MEMBER  STATES  IN 
NUMBERS  OF VESSELS  (as per  1 st January  1996) 

0*  L< 12m 

12=5 L^ 24m 

24*  L< 30m 

30*  L< 36m 

36* L-c 45m 

L > 45m 

total 

1 

1943 

3755 

14515 

3502 

4837 

8034 

19043 

892 

10422 

213 

11461 

2075 

80693 

79 

391 

973 

2981 

264 

1465 

1436 

1178 

388 

5148 

360 

878 

340 

37 

38 

60 

514 

25 

151 

262 

156 

39 

624 

96 

156 

52 

15881 

2210 

36 

16 

88 

270 

6 

48 

119 

19 

27 

125 

102 

48 

51 

955 

1 

2 

55 

87 

0 

16 

90 

14 

9 

24 

203 

13 

18 

532 

0 

16 

13 

135 

0 

69 

27 

14 

8 

23 

32 

39 

1 

154 

2406 

4944 

18502 

3797 

6586 

9968 

20424 

1363 

16366 

1006 

12595 

2537 

377 

100648 

B 

D 

DK 

E 

FIN 

F 

UK 

GR 

IRL 

I 

NL 

P 

S 

EU 

2. 

OVERVIEW OF THE COMMUNITY FISHING  FLEET OF THE MEMBER STATES IN  TONNAGE 
(as per  1 st January 1996) 

0*  L< 12m 

12*  L< 24m 

24*  L< 30m 

30*  L< 36m 

36* L < 4 5m 

L  > 45m 

total 

27 

4803 

12524 

38365 

9304 

24376 

30997 

46588 

5464 

28950 

871 

15115 

4777 

4948 

18397 

28211 

6449 

7970 

8164 

214607 

96752 

8969 

63573 

83110 

39304 

24573 

2936 

15548 

42177 

15513 

5445 

124537 

•  61594 

15541 

31077 

16442 

8783 

22587 

6998 

11297 

4340 

18800 

83918 

1287 

10557 

25602 

5920 

7032 

22807 

18781 

11987 

11395 

372 

515 

20275 

44842 

0 

4541 

28087 

5051 

2797 

6392 

71654 

4560 

7304 

0 

42228 

9397 

23093 

78253 

97371 

182627 

661111 

0 

22496 

62240 

180835 

29170 

239143 

9394 

121770 

13343 

16601 

64779 

46146 

452 

58654 

260881 

180409 

131472 

47368 

222161 

673289 

300916 

233723 

196390 

476377 

2102856 

B 

D 

DK 

E 

FIN 

F 

UK 

GR 

IRL 

I 

NL 

P 

S 

EU 

16 

3. 

NUMBER  OF  FISHING  VESSELS  OF  24  METRES  IN  LENGTH  AND  OVER  REPORTED  TO  IMO1 

STATE 

Belgium 
Denmark 
Finland 
France 
Germany 
Greece 
Iceland 
Ireland 
Italy 
Netherlands 
Norway 
Portugal 
Spain 
Sweden 
United  Kingdom 

Total  E.E.A. 

Argentina 
Canada 
Chile 
China 
Ecuador 
Hong  Kong 
Indonesia 
Japan 
Morocco 
Panama 
Peru 
Philippines 
Rep.  of  Korea 
Russian  Federation 
South  Africa 
Thailand 
United  States 
Venezuela 

NUMBER 
OF  VESSELS 

' 

- 

%  0F  TOTAL 
WORLD  FLEET 

101 
486 
31 
419 
156 
123 
356 
78 
237 
257 
546 
246 
1.656 
92 
386 

5.170 

364 
418 
231 
4.384 
330 
1.355 
125 
5.156 
148 
352 
403 
895 
2.337 
2.253 
154 
667 
1.152 
128 

18,32 

15,53 

18,27 

8,28 
7,98 

4,08 

World  total 

28.215 

100,00 

Extract  from  Document  SFV-P/CONF  24  of  23  March  1993  presented  at  the  latest  Torremolinos 
Conference  giving  information  for  the  fleet  of  the  EU  Member  States  and  those  States  with  a  fleet 
larger  than  100  vessels. 

17 

4. 

ANALYSIS  OF  CASUALTY  STATISTICS  FOR  FISHING  VESSELS 
WITH  A  LENGTH  OF  24  METRES  AND  OVER 

This  information1  results  from  figures  provided  for  1992 by  Chile,  France,  Germany, 
Iceland,  Netherlands,  Norway,  Spain,  Sweden,  United  Kingdom,  Vanuatu  and  Hong 
Kong. 

Total  number  of  vessels  reported 

Number  of  total  losses 

Number  of  fishermen  reported 

Number  of  lives  lost 

6.440 

33 

78.813 

40 

5. 

INFORMATION  ON TOTAL LOSSES  OF EEA  FISHING  VESSELS  OF  MORE  THAN  100 
GT  IN 1994, 2 

FLAG 

Name  of  vessel 

Tonnage 

Year of Built 

United  Kingdom 

Spain 

Heather  Bloom 
Accord 
Adonis 
Larissa 

Jugamar 
Peix  del  mar  diez 
Botalon 
Idalsan 

Denmark 

Allesoe 
Ingun 

Norway 

Lofottral  III 

162 
474 
220 
361 

638 
•  268 
443 
299 

570 
118 

1196 

1992 
1976 
1985 
1975 

1987 
1988 
1975 
1975 

1984 
1977 

1990 

1 

2 

Extract  from  information  provided  by  the  IMO  Secretariat  to  the  Flag  State  Implementation  Sub-
Committee  (Doc FSI 3/5/2) 

Extract  from  Lloyd's  Register  World  Casualty  Statistics  1994 

18 

APPENDIX  2 

Protocol  on Fishing  Vessel  Safety  adopted  in  Torremolinos 

The  Protocol  on  fishing  vessels, adopted  on 2 April  in Torremolinos,  Spain,  is in fact  a new 
international  Treaty  dealing  with  the  safety  of  fishing  vessels. 

The Protocol was needed because the original Treaty (The  1977 Torremolinos Convention) has 
never  entered  into  force  and in the meantime  has become  outdated.  The  Protocol  updates the 
parent  Convention  and  takes  account  of technological  evolution  in recent  years  and  the need 
to  take  a pragmatic  approach  towards  the  early  ratification  of  an  instrument  which  provides 
the appropriate legal regime needed to regulate the safety  of fishing  vessels and those who sail 
in  them. 

The Protocol, which amends and absorbs the parent Convention, also applies to fishing  vessels 
of  24  metres  in  length  and  over,  including  those  vessels  that  also  process  their  catch.  The 
purpose  of the Protocol  is to eliminate the provisions  incorporated  into the parent  Convention 
which  have  caused  difficulties  for  States, and  thereby  to enable  it to be brought  into force  as 
soon  as possible.  The  Protocol  is also  intended  to  take  into  account  developments  in  fishing 
and  in fishing  vessel  technology  as they  relate  to  the  safety  of  fishing  vessels  and  fishermen 
which  have taken place  in the  years since the adoption  of the  1977 Convention.  The trend to 
exploit deep-water fishing  grounds on a large scale and to conduct fishing  operations in distant 
waters demands safer  and more comfortable  living and working conditions for fishermen.  This 
has made it necessary for  the fishing  industry  to design  and build a new generation  of modern 
and more  sophisticated  fishing  vessels. To be  successful  in their  operation, these vessels have 
to  be  fitted  with  advanced  fish-finding  and  navigation  equipment. 

The  general  trend  in  modern  designed  fishing  vessels,  if  they  are  to  be  economically 
profitable,  must  include improvements  in machinery  and fishing  gear, improvements  in safety 
features  as a whole  and  better  working  conditions  for  fishermen.  Safety  provisions  addressed 
by  the  Protocol  include  automatically  controlled  machinery  spaces,  improved  lifesaving 
appliances,  immersion  suits and thermal  protective  aids, satellite  communication  systems and 
other  components  of  the  global  maritime  distress  and  safety  system  (GMDSS). 

The articles of the Protocol include revised provisions for entry into force  and new amendment 
procedures.  The  Protocol  will enter  into  force  one  year  after  being  ratified  by  15 States  with 
at  least  an  aggregate  fleet  of  14,000  vessels,  which  is  approximately  equivalent  to  50%  of 
today's  world  fishing  fleet  of  vessels  of  24  metres  in  length  and  over. 

An  important  innovation  is contained  in article  3(5), which  allows  for  regional  arrangements 
to be made to establish harmonized requirements  for vessels which are 24 metres in length and 
over  but  which  are  below  the  length  of  application  (which  is  higher  than  45  metres)  of 
chapters  IV,  V,  VII  and  IX. 

19 

The  technical  provisions  are  contained  in ten  chapters.  These  are: 

Chapter  I  - General  Provisions: 

This  lists  the  provisions  for  application,  exemptions,  surveys  and  certification,  similar 
to  other  technical  maritime  conventions  recently  amended. 

Chapter  II-  Construction,  Watertight  integrity  and  Equipment: 

This  broadly  updates  relevant  requirements  set  out  in the  1966  Load  Line  Convention, 
as amended,  for  cargo  ships. 

Chapter  III  -  Stability  and  Associated  Seaworthiness: 

While  the  stability  requirements  in  the  1977  Torremolinos  Convention  are  mainly 
maintained,  this  chapter  has  been  editorially  improved  and  amended  in  respect  of 
operating  conditions. 

Chapter  IV  -  Machinery  and  Electrical  Installations  and  Periodically  Unattended  Machinery 
Spaces: 

This chapter  is applicable to new vessels of 45 metres in length and  over and it  follows, 
in principle, the pattern set in the requirements for machinery  and electrical  installations 
in  passenger  and  cargo  ships  incorporated  into  other  IMO  instruments. 

Chapter  V - Fire  Protection,  Fire  Detection,  Fire  Extinction  and  Fire  Fighting: 

This chapter  is subdivided  into  two parts: part  A is applicable  to new  fishing  vessels  of 
60  metres  in  length  and  over,  and  contains  provisional  similar  to  the  fire-protection 
requirements  for  cargo  ships  adopted  by  IMO.  However,  smaller  fishing  vessels,  such 
as those between  45 and  60 metres  in  length,  are subject  to less  stringent  requirements, 
as provided  in part  B of  this  chapter. 

Chapter  VI  - Protection  of  the  Crew: 

This  chapter  provides  for  safe  working  conditions  on  board. 

Chapter  VII  -Life-Saving  Appliances  and  Arrangements: 

This  chapter  includes  requirements  for  life-saving  appliances  and  arrangements  similar 
to  those  included  in  the  International  Convention  for  the  Safety  of  Life  at  Sea,  1974 
(SOLAS), as amended, and is divided  into three parts. Part A deals with general  matters 
applicable to new vessels of 45 metres in length and over. Some regulations, though, are 
applicable to both new and existing vessels in that length range. Part  B deals with vessel 
requirements,  including  survival  craft  and  rescue boats, having  regard  to  the  size  range 
of the vessels concerned. Part C deals with life-saving  appliance requirements,  including 
construction, equipment, etc.  of lifeboats,  liferafts  and rescue boats. Immersion suits and 
thermal  protective  aids are  also  included. 

20 

Chapter  VIII  - Emergency  Procedures  Musters  and  Drills: 

This  chapter  is  concerned  with  abandon  ship  procedures,  periodical  musters  and  fire 
drills,  and  training  for  emergencies  . 

Chapter  IX  -  Radiocommunications: 

This  chapter  follows  closely  the  radiocommunication  provisions  laid  down  in  the 
amended chapter  IV of the  1974 SOLAS Convention  and its  1988 Protocol  on the global 
maritime  distress  and  safety  system  (GMDSS).  It  applies  to  both  new  and  existing 
vessels  of  45  metres  in  length  and  over.  However,  implementation  of  the  requirements 
for  existing vessels may be deferred  until  1 February  1999 or the date of entry into  force 
of  the  Protocol,  whichever  occurs  later. 

Chapter  X  -  Shipborne  Navigational  Equipment  : 

This  chapter  includes  requirements  which  are  equivalent  to those  given  in,  or  expected 
to  be  adopted  as  amendments  to,  chapter  V  of  the  1974  SOLAS  Convention,  which  is 
the  only  chapter  of  that  Convention  which  applies  to  all  ships,  i.e.  new  and  existing 
ships,  including  fishing  vessels,  on  all  voyages. 

21 

PROPOSAL  FOR  A  COUNCIL  DIRECTIVE  SETTING  UP  A  HARMONIZED  SAFETY 
REGIME  FOR  FISHING  VESSELS  OF 24 METRES  IN LENGTH  AND OVER. 

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  Commission1  , 

In cooperation  with  the  European  Parliament2 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee3, 

Acting  in  accordance  with  the  procedure  referred  in Article  189 c  of  the  Treaty4 

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  m,  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  m 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; 

OJ 

1 

2 

3 

4 

22 

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  harmonised  interpretations,  footnotes  and 
Conference  recommendations,  and  relevant  International  Maritime  Organisation  resolutions 
and  circulars  and  taking  account  of  the  relevant  provisions  listed  in  the  Annex  I  ;  whereas 
Member  States  shall  apply  also  the  provisions  of  the  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 
m  in  length  and  over  but  less  than 45  m  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  to 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  to 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; 

23 

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  recognised  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  : 

24 

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  work1,  its  individual  Directives  and,  in  particular  Council 
Directive  93/103/EC  of  23  November  1993 concerning  the  minimum  health  and  safety 
requirements  for  work  on  board  fishing  vessels  (thirteenth  individual  directive  in  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 one per cent of the 

estimated  mass  of  all  structural  material,  whichever  is  less; 

OJ  L  183 29.06.89  p.l 

2 

OJ  L307  13.12.93  p.l 

25 

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,  19771,  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 per cent of the total length  on 
a waterline  at 85 per  cent 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.  "recognised  organization" means an organization  recognized  in conformity  with  article 
4 of Council  Directive  94/57/EC  on common rules  and standards  for  ship inspection  and 
survey  organizations  and  for  the  relevant  activities  of  maritime  administrations2. 

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 m in length and over do  not 
apply  to vessels  of  less  than 45 m 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. 

published  by  the  International  Maritime  Organisation.(IMO-793E) 

2 

OJ  L  319  12.12.94  p.20 

26 

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  Equipment1 
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 
these  provisions  require  that  the 
in  conformity  with  such  provisions,  whether  or  not 
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. 

Proposal  of  a  Council  Directive  to be  adopted  by  the  council  in  1996 

27 

If  within  a  period  of  6  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 
paragraph  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 m in length and  over 
shall  comply  with  the  standard  specified  for  classification  by  the  rules  of  a  recognised 
organization  or  equivalent  rules  in  accordance  with  the  procedure  and  subject  to  the 
conditions  laid  down  in article  14 paragraph  2  of  Council  Directive  94/57/EC  on  common 
rules  and  standards  for  ship  inspection  and  survey  organisations1. 

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  recognised 
organization,  in  accordance  with  the  provisions  of  Regulation  6,  paragraph  (l)(a)  of 
Chapter  1 of  the  Annex  to  the Torremolinos  Protocol. 

O.J.  L319  of  12.12.94 

28 

The  periods  of  validity  of  the  certificates  referred  to  in  paragraph  1 shall  not  exceed 
those  established  in  Regulation  11  of  Chapter  I  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  harmonised  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 
"footnotes", 
the  implementation  of  IMO  resolutions  and  circulars  relevant  for  a  coherent 
application  of  the  Torremolinos  Protocol, 

recommendations  and 

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. 

29 

Article  11 
(Advisory  Committee) 

1.  The  Commission  shall  be  assisted  by  the  Committee  established  by  article  12.1  of 

Council  Directive  93/75/EC1. 

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

(a) 

(b) 

(c) 

(d) 

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

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; 

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; 

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  Organisation  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. 

O.J.  N'  L  247,  of  5.10.93,  p. 19 concerning  minimum  requirements  for  vessels  bound  for  or  leaving 
Community  ports  and  carrying  dangerous  or  polluting  goods 

30 

A 

5) 

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 

The  present  Directive  shall  enter  into  force  on  the  twentieth  day  after  its  publication. 

31 

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  : 
initial  internal  furnace  temperature 
at  the  end  of  the  first  5 minutes 
at  the  end  of  10 minutes 
at  the  end  of  15 minutes 
at  the  end  of  30  minutes 
at  the  end  of  60  minutes 

20 °C 
576 * C 
679 °C 
738 °C 
841'C 
945 ° C 

CHAPTER  VII  : LIFE-SAVING  APPLIANCES  AND  ARRANGEMENTS 

Regulation  1 :  Application 

Paragraph  (2)  to  be  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 be  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." 

32 

CHAPTER  IX  : RADIOCOMMUNICATIONS 

Regulation  1 : Application 

Paragraph  (1) to be 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." 

33 

ANNEX  II  :  Adaptation  of  provisions  of  the  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: 

to  be  read  as  follows  : 
"Unless expressly provided  otherwise,  this chapter shall apply to new fishing  vessels of 24 
metres  in  length  and  over. " 

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  vessels  of  less than  45 meters  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  (l)(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  (l)(b)  to  be  read  with  the  following  addition  : 
(cfr  Regulation  54  (l)(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." 

34 

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  following  change: 
(cfr  Regulation  2,  §(45)(b)  of  the  Annex  to  the  1977  Torremolinos  Convention): 
"...  not  less  than  3/5  kilowatts" 

PARTC 

Replace  the  title  as  follows  : 
" PART  C  -  FIRE SAFETY MEASURES  IN VESSELS  OF LESS  THAN 60 METRES  IN 

LENGTH" 

Regulation  40 

Paragraph  (l)(a)  to  be  read  with  following  change  : 
(cfr  Regulation  101 of  the  Annex  of  the  1977  Torremolinos  Convention) 
"...  of  not  less  than  375  kilowatts..." 

35 

CHAPTER  VII 

Regulation  1 

Paragraph  (1)  to  be  read  with  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  be  read  as  follows  : 

(cfr  Regulation  110 of  the  Annex  to  the  Torremolinos  Convention): 
"Vessels  of  less  than  75  metres  in  length  but  of  45 metres in  length  and  over  shall 
comply  with  the  following:" 

2.  Read  with  a  new  paragraph  (3 bis)  : 

(cfr  text  of  paragraph  (4)(a)  and  (b)  of  Regulation  110  of  the  Annex  to  the  1977 
Torremolinos  Convention)  : 
" (3 bis)  Vessels of  less than  45 metres  in  length  shall be provided  with  : 

(a)  survival craft of sufficient aggregate  capacity to accommodate at least 200 
per  cent  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  (3 bis)  (a), vessels 
may  carry..." 

Regulation  10 

1.  Read  sub-paragraph  (l)(b)  as  follows: 

(cfr  Regulation  119  (l)(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.  Read  a new  sub-paragraph  (l)(c)  as  follows  : 

(cfr  Regulation  119  (l)(c)  of  the  Annex  to  the  1977 Torremolinos  Convention): 
"(l)(c) 

4  lifebuoys  in  vessels of  less than  45 metres in length.  " 

36 

Regulation  13 

Insert  a new paragraph  (l)(bis)  to read  as follows  : 
" (1) (bis)  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 be 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  19*99, 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 

Read paragraph  (1) 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 be read  as follows  : 
"when the vessel  will be taken permanently put of  service before  1 February  2001 

37 

ANNEX_IILl  Regional  and  local  provisions  (Articles  3,3_anrj  4 JJ 

1-  •'^Northern" regional  provisions  : 

• 1  Area  of  application  : 

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

.2  Definitions  : 

"Heavy  drift  ice"  is  drift  ice  covering  8/10  or  more  of  the  ,ea  surface. 

•3  ad  Regulation  111/7(1)  (Operating  conditions)  : 

"In  addition  to  the  specific  operating  conditions  given  in  regulation  111/7(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  HI/8. 

(f)  for  purse  seiners  :  departure  from  the  fishing  grounds  with  the  fishing  gear,  no 
catch  and  30  per  cent  stores,  fuel,  etc,  including  allowance  for  ice  accretion  in 
accordance  with  the  provisions  of  regulation  HI/8." 

•4  ad  Regulation  HI/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  111/8(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." 

38 

5  ad  Chapter  VIL  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 MHz  and 406 MHz,  permanently  stowed 
in each  boat  and  raft.  Alternatively  for  inflatable  liferafts  stowed  in sealed  containers 
and rescueboats  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  rescueboats". 

.6  ad  Regulations  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  (3  bis),  for 
fishing  vessels  which 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 
11/1/2  of  the  Annex  to  the  1993  Torremolinos  Protocol,  the  rescue  boat/lifeboat 
required  in  (2)  (b),  (3)(b)  or  (3 bis)  (b)  shall  at  least  be partially  covered  (as  defined 
in Regulation VII/18) and  shall have sufficient  capacity  to accommodate all persons  on 
board". 

.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" 

,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". 

.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." 

39 

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." 

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 meters." 

40 

2.  "Southern"  regional  provisions  : 

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  of  the  1966  International  Convention  on  Load 
Lines,1  as  amended. 

.2  Immersion  suits  and  thermal  protective  aids  : 

ad  Regulation  VII/B/9(1):  taking  into  consideration  the  provisions  of  §  (4)  of 
Regulation  VII/B/9,  add  at the  end  of  par.(1)  the  following  sentence: 
"For  vessels  of  less  than  45  m  in length  the  number  of  immersion  suits  needs  not  be 
greater  than  two." 

• 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.  " 

.4  Radiocommunications  - application  : 

ad  Regulation  IX/A/1:  add  a new  paragraph  (l)bis  as  follows: 
"This Chapter  shall  also apply to new vessels  of 24 m in length and over,  provided  that 
the area  in which  they  operate  is supported  appropriately  by coast  station  operating  in 
accordance  with  IMO  Master  Plan. " 

.5  Radiocommunications  - definitions  : 

ad Regulation IX/A/2(1)  and (m): replace the words  "as may be defined  by a Party"  by 
"as  it  is  contained  in  IMO  Master  Plan". 

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 

41 

ANNEX  IV  :  FORMS  OF  CERTIFICATE  OF  COMPLIANCE.  EXEMPTION 
CERTIFICATE.  AND  RECORD  OF  EQUIPMENT. 

CERTIFICATE  OF  COMPLIANCE 

This  Certificate  of  Compliance  shall  be  supplemented  by  a Record  of  Equipment 

(Official  seal) 

(State) 

for  a new/existing1  fishing  vessel 

Issued  under  the  provisions  of  the 
(name  of  the  relevant  measure(s)  introduced  by  the  Member  State) 

and  confirming  compliancy 
of  the  vessel  named  hereafter 
#with  the  provisions  of 
Council  Directive  .../.../EC 
setting  up  a harmonized  safety  regime 
for  fishing  vessels  of  24  metres  in  length  and  over, 

under  the  authority  of  the  Government  of 

(full  official  designation  of  the  Member  State) 

by 

(full  official  designation  of  the  competent  organization 
recognized  under  the  provisions  of  the  Council  Directive  94/57/EC) 

Name  of  the  ship 

Distinctive  Numbers  or  Letters 

Port  of  Registry 

Length  1 

Date  of  building  or  major  conversion  contract3  : 

Date  on  which  the  keel  was  laid  or  ship 
was  at  a  similar  stage  of  construction3  : 

Date  of  delivery  or  completion  of  major  conversion 

delete  as  appropriate  in accordance  with  the  definitions  of  article  2.2  and  2.3 

1 
2  Length  as  defined  in  article  2.7 
3 

in  accordance  with  the  definitions  of  article  2.2 

42 

(Reverse of  Certificate) 

Initial  survey  : 

THIS  IS  TO  CERTIFY  : 

1 

that  the  ship  has  been  surveyed  in accordance  with  Regulation  I/6(l)(a)  of  the 
Annex  to  the  Torremolinos  Protocol  of  1993; 

2 

that  the  survey  showed  that  : 

. 1 

.2 

the  ship  fully  complies  with  the  requirements  of  the  Council  Directive 
.../.../EC;  and 

the  maximum  permissible  operating  draught  associated  with  each 
operating  condition  for  the  vessel  is  contained  in the  approved  stability 
booklet  dated 

3 

that  an  Exemption  Certificate  has/has  not  l  been  issued. 

This  certificate  is valid  until 
accordance  with  regulation  I/6(l)(b)(ii),  (b)(iii)  and  (c). 

subject  to  surveys  in 

Issued 
at 

(Place  of  issue  of  certificate) 

(date  of  issue) 

on. 

(Signature  of  official  issuing  the  certificate)  and/or  (Seal  of  issuing  authority) 

If  signed,  the following  paragraph  is to be added: 
The  undersigned  declares  that  he  is  duly  authorized  by  the  said  Member  State  to  issue 
this  certificate. 

(Signature) 

1 

delete  as appropriate 

43 

Endorsement  to  extend  the  validity  of  the  certificate  for  a  period  of  grace 
where  regulation  1/11(1)  applies : 

( Next page  of  Certificate) 

This  certificate  shall,  in  accordance  with  regulation  1/11(1),  be  accepted  as  valid  until 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place  : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

Endorsement  to  extend  the  validity  of  the  certificate  until  reaching  the  port  of 
survey  or  for  a  period  of  grace  where  regulation  1/11(2)  or  regulation  1/11(4) 
applies  : 

This  certificate  shall,  in  accordance  with  regulation  1/11(2)  /  regulation  1/11(4)  \  be 
accepted  as  valid until 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place 

Date : 

(Seal  or  stamp  of  the  issuing  authority) 

1 

delete  as appropriate 

44 

Endorsement  for  periodical  surveys  : 

( Next page  of  Certificate) 

Equipment  survey  : 

THIS  IS  TO  CERTIFY  that,  at  a survey  as  required  by  regulation  I/6(l)(b)(ii),  the 
vessel  was  found  to  comply  with  the  relevant  requirements. 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

Radio  surveys  : 

THIS IS TO CERTIFY  that,  at a survey  as required  by regulation 1/6(1 )(b)(iii), the vessel 
was  found  to  comply  with  the  relevant  requirements. 

First  periodical  radio  survey: 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place  : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

45 

Second  periodical  radio  survey: 

( Next page  of  Certificate) 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place  : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

Third  periodical  radio  survey: 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place  : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

Endorsement  for  intermediate  survey  : 

THIS IS TO CERTIFY  that,  at a survey  as required  by regulation  I/6(l)(c),  the vessel  was 
found  to  comply  with  the  relevant  requirements. 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place  : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

46 

EXEMPTION  CERTIFICATE 

(Official  seal) 

(State) 

for  a new/existing1  fishing  vessel 

Issued  under  the  provisions  of  the 
[name  of  the  relevant  measure(s)  introduced  by  the  Member  State] 

and  confirming  compliancy 
of  the  vessel  named  hereafter 
with  the  provisions  of 
Council  Directive  .../.../EC 
setting  up  a harmonized  safety  regime 
for  fishing  vessels  of  24  metres  in length  and  over, 

under  the  authority  of  the  Government  of 

(full  official  designation  of  the  Member  State) 

by 

(full  official  designation  of  the  competent  organization 
recognized  under  the  provisions  of  the  Council  Directive  94/57/EC) 

PARTICULARS  OF  THE  VESSEL  : 

Name  of  the  ship 

Distinctive  Numbers  or  Letters 

Port  of  Registry 

Length  2 

delete  as  appropriate  in  accordance  with  the  definitions  of  of  article  2.2  and  2.3 
Length  as  defined  in  article  2.7 

47 

(Reverse  of Certificate) 

THIS IS TO CERTIFY  : 

that the vessel is, under the authority conferred  by regulation 
exemptedfromtherequirementsof 

Conditions,  if any,  on which the Exemption Certificate  if granted 

This Certificate is valid until 
to which this certificate  is attached,  remaining  valid. 

, subject to the Certificate of Compliance, 

Issued 

on 

(Place of  issue of  certificate) 

(date  of  issue) 

(Signature  of  official  issuing  the  certificate)  and/or  (Seal  of  issuing  authority) 

If signed,  the following paragraph  is to be added: 
The undersigned  declares  that he is duly authorized  by the said  Member  State to issue 
this  certificate. 

(Signature) 

48 

( Next page  of  Certificate) 

Endorsement  to  extend  the  validity  of  the  certificate  for  a  period  of  grace 
where  regulation  1/11(1)  applies : 

This  certificate  shall,  in  accordance  with  regulation  1/11(1),  be  accepted  as  valid  until 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place  : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

Endorsement  to  extend  the  validity  of  the  certificate  until  reaching  the  port  of 
survey  or  for  a  period  of  grace where  regulation  1/11(2) or regulation  1/11(4) 
applies  : 

This  certificate  shall,  in  accordance  with  regulation  1/11(2)  /  regulation  1/11(4)  ',  be 
accepted  as  valid until 

(Signature  of  authorized  official  issuing  the  endorsement) 

Signed  : 

Place  : 

Date  : 

(Seal  or  stamp  of  the  issuing  authority) 

1 

delete  as  appropriate 

49 

(Form of supplement  to the  Certificate  of  Compliance) 

RECORD  OF  EQUIPMENT 
for  the  Certificate  of  Compliance 

This  Record  shall  be  permanently  attached  to the  Certificate  of  Compliance 

RECORD  OF  EQUIPMENT  FOR  COMPLIANCE  WITH  THE  COUNCIL 
DIRECTIVE  ../../EC  SETTING  UP  A  HARMONIZED  SAFETY  REGIME  FOR 
FISHING  VESSELS  WITH  A  LENGTH  OF  24  METRES  AND  OVER 

1. 

PARTICULARS  OF  THE  VESSEL 

Name  of  the  ship 

Distinctive  Numbers  or  Letters 

Port  of  Registry 

Length  ' 

2.  DETAILS  OF  LIFE-SAVING  APPLIANCES 

1. 

Total  number  of  persons  for  whom  life-saving 
appliances  are  provided  : 

Total  number  of  lifeboats 

2. 
2.1  Total  number  of  persons  accommodated  by  them 
2.2  Number  of  partially  enclosed  lifeboats 

(Regulation  VII/18) 

2.3  Number  of  totally  enclosed  lifeboats 

(Regulation  VII/19) 

Port 
side 

Starboard 
side 

Length  as  defined  in  article  2.7 

50 

3 
3.1 

4 
4.1 

4.1.1 
4.1.2 

4.2 

4.2.1 
4.2.2 

5 

6 

7 
7.1 
7.2 

8 

9 
9.1 
9.2 

Number  of  rescue  boats 

Number  of  boats  which  are  included 
in  the  total  number  of. lifeboats  shown  above 

Liferafts 

Those  for  which  approved  launching  appliances  are 
required 

Number  of  liferafts 
Number  of  persons  accommodated  by  them 

Those  for  which  approved  launching  appliances  are 
not  required 

Number  pf  liferafts 
Number  of  persons  accommodated  by  them 

Number  of  lifebuoys 

Number  of  lifejackets 

Immersion  suits 
Total  number 
Number  of  immersion  suits  complying  with  the 
requirements  for  lifejackets 

Number  of  thermal  protective  aids1 

Radio  installations  used  in  life-saving  appliances 

Number  of  radar  transponders 
Number  of  two-way  VHF  radiotelephone  apparatus 

Excluding  those  required  by  regulations  VII/17(8)(xxi),  VII/20(5)(a)(xxiv) 

51 

DETAILS  OF  RADIO  FACILITIES  : 

Item 

Actual  provision 

1 

Primary  systems 

1.1 
1.1.1 
1.1.2 
1.1.3 
1.2 
1.2.1 
1.2.2 
1.2.3 
1.3 
1.3.1 
1.3.2 
1.3.3 
1.3.4 
1.4 

2 

3 

3.1 
3.2 
3.3 

4 
4.1 
4.2 

5 

6 

7 

8 

VHF  radio  installation  : 

DSC  encoder 
DSC  watch  receiver 
Radiotelephony 

MF  radio  installation  : 

DSC  encoder 
DSC  watch  receiver 
Radiotelephony 

MF/HF  radio  installation  : 

DSC  encoder 
DSC  watch  receiver 
Radiotelephony 
Direct-printing  radiotelegraphy 

INMARSAT  ship  earth  station 

Secondary  means  of  alerting 

Facilities  for  reception  of  maritime 
safety  information 

NAVTEX  receiver 
EGC  receiver 
HF  Direct-printing  radiotelegraphy 
receiver 

Satellite  EPIRB 

COSPAS-SARSAT 
INMARSAT 

VHF  EPIRB 

Vessel's  radar  transponder 

Radiotelephone  distress  frequency 
watch  receiver  on 2,182  kHz1 

Device  for  generating  the 
radiotelephone  alarm  signal  on  2,182 
kHz2 

Unless  another  date  is determined  by  the  Maritime  Safety  Committee  of  the  Organization,  this  item 
need  not  be  reproduced  on  the  record  attached  to  Certificates  issued  after  1 February  1999. 
This  item  need  not  be  reproduced  on  the  record  attached  to  certificates  issued  after  1 February  1999 

52 

4.  METHODS  USED  TO  ENSURE  AVAILABILITY  OF  RADIO  FACILITIES 

(regulation  IX/14) 

4.1  Duplication  of  equipment 

4.2  Shore-based  maintenance 

4.3  At-sea  maintenance  capability 

THIS  IS  TO  CERTIFY  that  this  Record  of  Equipment  is  correct  in  all  respects 

Issued  at 

(Place  of  issue  of  record) 

(dale  of  issue) 
on 

(Signature  of  official  issuing  the  record)  and/or  (Seal  of  issuing  authority) 

If  signed,  the following  paragraph  is to be  added: 
The  undersigned  declares  that  he  is  duly  authorized  by  the  said  Member  State  to  issue  this 
record. 

(Signature) 

53 

DECISION  OF  THE  EEA  JOINT  COMMITTEE 

N°  (..)  . 

.19. 

of  (..)( 

)199. 

amending  Annex  XIII  (Chapter  V)  of  the  Agreement  on  the  European  Economic  Area  by 
adding Council Directive  (../../EC) setting up a harmonized  safety  regime for  fishing  vessels 
of  24  metres  in  length  and  over. 

THE  EEA  JOINT  COMMITTEE, 

Having  regard  to the Agreement  on the European  Economic  Area as adjusted  by the Protocol 
Adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  the 
Agreement,  and  in particular  Article  98  thereof, 

Whereas  Directive  (../. ./EC)  of  the  Council  of  the  European  Union  of  ( 
19..),  of  which  a copy  is  annexed  to  this  Decision,  is  to  be  integrated  into  the  Agreement, 

Whereas  the horizontal  adaptation  in Protocol  1 and  the sectoral  and  other  adaptations  in the 
introduction  of  Annex  XIII  to  the  Agreement  shall  apply, 

HAS  DECIDED  AS  FOLLOWS: 

Article  1 

Annex  XIII,  Transport,  to the  Agreement  shall  be  amended  as  specified  below.  The  text  of 
the  new  Act  is  at  Appendix. 

Article  2 

The  following  new  point  shall  be  inserted  in  Chapter  V  after  point  56  (Council  Regulation 
613/91/EEC): 

"56.a 

394  L  ...:  Council  Directive  (../../EC)  on  setting  up  a  harmonized 
safety  regime  for  fishing  vessels  of  24  metres  in  length  and  over. 

The provision  of  the Directive  shall,  for  the purposes  of  the present  Agreement, 
be  read  with  the  following  adaptation: 

54 

Article  13.1, shall  be  replaced  by  the  following: 

The  Contracting  Parties  shall  bring 
into  force  the  laws,  regulations  and 
administrative  provisions  necessary  to comply  with  this Directive  not  later  than 
(•• 

199.) 

Article  3 

The  decision  shall  enter  into  force  on  ( 

199.) 

Article  4 

This  Decision  shall be published  in the EEA  Section of,  and  in the  EEA  Supplement  to,  the 
Official  Journal  of  the  European  Communities. 

Done  at  Brussels,  ( 

199.) 

For  the  EEA  Joint  Committee 
The  President 

The  Secretaries 
to  the  EEA  Joint  Committee 

55 

FINANCIAL  STATEMENT 

1  TITLE  OF  OPERATION 

Proposal for  a  Council  Directive  Setting  up  a  Harmonized  Safety  Regime  for  Fishing 
Vessels of  24  metres  in  length  and  over 

2  BUDGET  HEADING  INVOLVED 

Part A  (see § 10) 

3  LEGAL  BASIS  Measures  to  improve  Maritime  Transport Safety  : article  84(2)  of  the 

Treaty  in  conjunction  with  article  75  (1) (c). 

4  DESCRIPTION  OF  OPERATION 

4.1  General  Objective 

The  establishment  of  a  harmonized  set  of  safety  standards for fishing  vessels  of  24 
metres  in  length  and  over  operating  in  Community Waters. 

4.2  Period  covered  and  arrangements  for  renewal 

indefinite 

5  CLASSIFICATION  OF  EXPENDITURE  OR  REVENUE 

5.1  Non-compulsory  expenditure 

5.2  Non-differentiated  appropriations 

6  TYPE  OF  EXPENDITURE  OR  REVENUE 

Administrative  expenses 

7  FINANCIAL  IMPACT 

none 

56 

8  FRAUD  PREVENTION  MEASURES 

Control of adherence  to  the procedures for  inviting  Member  States ' experts 

9  ELEMENTS  OF  COST-EFFECTIVENESS  ANALYSIS 

9.1 

Specific  and  quantified  objectives;  target  population 

Reducing  the  risks  to  which  fishermen  are  exposed  in  the  execution  of  their 
profession  by  enhancing  the safety  standards for  the design,  construction of  fishing 
firefighting 
vessels  and  their  safety  related  equipment  (lifesaving  appliances, 
equipment,  radiocommunication equipment,  etc.)  Casualty statistics demonstrate that 
a  too high price  is paid  not  only in terms  of material  loss but also of loss of  human 
lives. 

9.2  Monitoring  and  evaluation  of  the  operation 

Monitoring  and evaluation  of the operation  will be done by the yearly meeting  of the 
Committee on Maritime  Safety  and  by  missions  (see §10.3) 

10 

ADMINISTRATIVE EXPENDITURE  (SECTION III, PART A OF THE BUDGET) 

Actual  mobilization  of  the  necessary  administrative  resources  will  depend  on  the 
Commission's  annual decision on the allocation of resources,  taking into account  the 
number  of  staff  and  additional  amounts  authorized  by  the  budgetary  authority. 

10.1  Effect  on  the  number  of  posts 

Staff  to  be  assigned  to 
managing  the  operation 

Source 

Duration 

Permanent 
posts 

Temporary 
posts 

Additional 
resources 

Existing 
resources  in 
the  DG  or 
department 
concerned 

Officials  or 
temporary 
staff 

A 
B 
C 

Other  resources 

Total 

1 

-

1 

1 

-

1 

-

-

-

indefinite 

-

indefinite 

-

-

-

57 

10.2  Overall  financial  impact  of  additional  human  resources 

ECU 

Amounts 

Method  of  calculation 

Officials 
Temporary  staff 
Other  resources  (indicate budget heading) 

Total 

| 

0 
0 
0 

0 

0 

| 

10.3  Increase  in  other  administrative  expenditure  as a result  of  the  operation 

ECU 

Amounts 

A  2510 

20.000 

Method  of  calculation 

safety 

The  Committee  of  Maritime  Safety  is already  meeting for  other 
maritime 
legislation;  one  additional 
meeting/year  of this  Committee is esteemed necessary  to  discuss 
particular  issues  related  to  this  proposal.  Reimbursement  of 
travel  expenses  is  valued  at  20.000 ECU) 

related  EC 

A  130 

10.000 

Missions  : about  4  missions  are  esteemed necessary  within  the 
the 
EU  for  follow-up  of  application  and  enforcement  of 
measure.  Estimated  annual  expenses are valued at  10.000  ECU. 
Resources  will be  obtained  by redeployment. 

Total 

30.000 

58 

IMPACT  ASSESSMENT  FORM 

THE  IMPACT  OF THE  PROPOSAL  ON  BUSINESS 
with  special  reference  to  small  and  medium-sized  enterprises 

TITLE  OF  PROPOSAL  : 

Proposal  for  a  Council  Directive  Setting  up  a  Harmonized  Safety  Regime  for  Fishing 
Vessels  of  24  meters  in  length  and  over. 

REFERENCE  NUMBER  :  COM  (95)302 

The  proposal 

1. 

Taking  account  of  the  principle  of  subsidiarity,  why  is  Community  legislation 
necessary in this  area  and  what are  its  main  aims? 

The obligations of the Community in this context are the improvement of safety  in maritime 
transport  as foreseen  in Article  84 (2) of the Treaty  read in conjunction  with Article 75 (1) 
(c). The objective  of the action proposed  is the establishment  of a harmonized  set of  safety 
standards  for  fishing  vessels  flying  the  flag  of  a  Member  State,  as  well  as  for  vessels  of 
non-Member  States operating in the territorial  waters of the Member  States or landing their 
catch  in  a Port  of  a  Member  State. 

Referring  to the principle  of subsidiarity,  it will  be the responsibility  of the Community  to 
ensure  a  framework  of  rules  providing  a harmonized 
level  of  safety  for  fishing  vessels 
operating in the same area. The responsibility  of the Member  States is to adopt within  their 
own  national  legislation  measures  designed  to  ensure  an  effective  application  of  the 
Directive. 

The  impact  on  business 

2. 

Who will be affected  by the proposal? 

-  which sector  of  business? 
-  which sizes  of  business? 
-  are there particular  geographical areas of the Community where these businesses are 
found  ? 

The business sector which will be involved by this proposal is the fishing  industry. The 
majority  of  the  Community  fishing  vessels  are  owned  and  operated  by  small  and 
medium-sized  enterprises. 

59 

The half-yearly  statistical bulletin  "Community  Register of Fishing Vessels"  published 
by DG XIV provides detailed information  on the capacity, typology and  characteristics 
of the Community's  fishing  fleet.  According  to the latest bulletin,  covering  the period 
from  July  to  December  1995, • the  total  number  of  fishing  vessels  in the  Community 
amounts  to»about  100.000,  with  their  fishing  activity  concentrated  in the  North  ,  the 
Intertropical  and  the  South  Atlantic  Oceans,  as well  as in  seas  adjoining  the  Atlantic 
and,  to  a  lesser  extent,  in  the  Indian  Ocean  . 

Full  details  on  particular  geographical  areas  within  the  Community  where  these 
enterprises  are  established  are  given  in  the  same  Bulletin,  region  by  region  in  each 
Member  State. A ranking  of Member  States in terms of capacity  of their  fishing  fleet, 
by number  of  ships and by their tonnage,  is given  in appendix  1 to the draft  proposal 
for  a Council  Directive.  The  largest  fishing  fleets  are  concentrated  in  Spain,  Greece, 
Italy,  Portugal  and  United  Kingdom. 

What will businesses  have  to  do  to  comply  with the proposal? 

For all new fishing vessels with  a length  of 24 metres and above, i.e. those to  be  built 
on  or  after  1 January  1998, the  safety  standards  laid  down  in  the  proposal  will  have 
to  be  applied. 

Existing fishing vessels of 24 metres in length and above will have to comply  with the 
provisions  on  Emergency  procedures,  musters  and  drills,  Radiocommunications  and 
Shipborne Navigation  equipment.  By  restricting  the requirements  for  existing  fishing 
vessels to those essential safety  matters, the proposal  strictly respects the provisions  of 
the  internationally  approved  1993  Torremolinos  Protocol  for  the  Safety  of  Fishing 
Vessels and avoids to impose substantial  structural  changes to existing fishing  vessels. 

4. 

What economic  effects  is the proposal  likely  to have? 

-  on  employment 
-  on  investment  and  the  creation  of  new  businesses 
-  on the competitive position  of  businesses 

With regard to the fishing  activities no or little impact on employment is expected.  The 
proposal  is  likely  to  have  a  substantial  and  beneficial  impact, on  the  competitive 
position  of  business.  By  establishing  a  harmonized  safety  regime  for  all  fishing 
vessels, including  those flying  a non-community  flag,  operating  in Community  waters 
or landing their catch in a Community  port, a level playing field will be created  for  all 
operators  involved,  minimizing  the  risks  for  distortion  of  competition  by  operators 
trying to gain a competitive-edge by economising  on the safety  standard  of their  ships. 

60 

5. 

Does  the proposal  contain measures  to  take account  of the specific  situation  of  small 
and  medium  sized  firms  (reduced  or  different  requirements)? 

For  the  reasons  explained  in .paragraph  3  above,  the  measures  for  existing  fishing 
vessels  of  24 metres  in  length  and  above  have  been  limited  to essential  safety  issues, 
avoiding  substantial  constructual  changes  to  these  vessels, which  might  constitute  an 
insurmountable  financial  burden  for  the  involved  enterprises. 

Further the proposal does not contain harmonized safety standards for new and existing 
fishing  vessels  having  a  length  of  less  than  24  metres,  for  which  it  is  left  to  the 
Member  States to  establish  appropriate  safety  requirements  (Subsidiarity  principle). 

Consultation  : 

6. 

List  of  the  organizations  which  have  been  consulted about  the proposal  and  outline  of 
their  main  views. 

See enclosed list on organizations consulted. The industry expressed mainly their concern 
on  the  impact  the  proposal  might  have  on  existing  fishing  vessels  and  called  for  the 
measures  referred  to  in  paragraph  5  above.  In  addition  the  industry  requested  the 
Commission  not to propose  safety  standards  going  beyond those  agreed  at  international 
level,  except  if  local  conditions  require  so.  This  principle  has  to  the  largest  extent 
possible been respected  throughout  the proposal, on the one hand by strictly adhering  to 
the provisions of the  1993 Torremolinos  Protocol,  and  on the other  by applying  article 
3.5  of the Protocol,  allowing  for  the establishment  of regionally  based  safety  standards. 
As an example this has resulted  in to the relaxation  of some of the requirements  for  the 
southern  Community  waters,  taking  into  account  the  more  favourable  prevailing 
climatical  conditions  in  this  area. 

61 

LIST INDUSTRY 

EUROPECHE/COGECA 
Rue de la Science, 23-25/3 
1040 Bruxelles 

A.E.O.P. 
H. Baelskaai 25 
8400 Oostende 

C.E.S.A. 
c/o  Fincantieri 
Via Sardegna, 40 
1-00187 Roma 

Comité Syndical  des Transports 
dans la Communauté  Européenne 
Rue de Pascale, 22 
1040 Bruxelles 

62 

ISSN 0254-1475 

COM(96) 255 final 

DOCUMENTS 

EN 

03  04 

Catalogue number  : CB-CO-96-267-EN-C 

* 

ISBN 92-78-05224-8 

Office  for Official  Publications  of the European Communities 

L-2985  Luxembourg