Proposal for a COUNCIL DIRECTIVE AMENDING DIRECTIVE 93/75/EEC CONCERNING MINIMUM REQUIREMENTS FOR VESSELS BOUND FOR OR LEAVING COMMUNITY PORTS AND CARRYING DANGEROUS OR POLLUTING GOODS
Date: 1996-09-23
Institutions: European Commission
Subjects: harbour installation, maritime transport, pollutant, transport of dangerous goods, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  23.09.1996 
COM(96) 455  final 

96/0231 (SYN) 

Proposal  for  a 

COUNCIL  DIRECTIVE 

AMENDING  DIRECTIVE  93/75/EEC  CONCERNING  MINIMUM  REQUIREMENTS  FOR 
VESSELS  BOUND  FOR OR LEAVING  COMMUNITY  PORTS  AND  CARRYING 
DANGEROUS  OR  POLLUTING  GOODS 

(presented  by  the  Commission) 

Explanatory  memorandum 

1. 

Background 

On  13  September  1993,  the  Council  adopted  Directive 93/75/EEC  concerning  minimum 
requirements  for  vessels  bound  for  or  leaving  Community  ports  and  carrying  dangerous  or 
polluting goods. 

The  aim  of  this  Directive  is  to  improve  prevention  and  remedial  action  in  the  event  of 
circumstances  at  sea  which  might  lead  to  accidents  involving  ships  carrying  dangerous  or 
polluting goods. 

To  this  end,  information  must  be  supplied  to  the  competent  authorities  designated  by  the 
Member  States, enabling them to identify  the ships concerned  and giving  them a more detailed 
knowledge of their characteristics, the details of their voyage and the nature and location  of the 
dangerous  or polluting  goods on board. 

Directive 93/75/EEC was first  amended by Commission  Directive 96/..../EC  in order to apply, 
in  accordance  with  Article  11,  subsequent  amendments  which  have  entered  into  force  to  the 
International Convention, codes and Resolution  referred  to in Article 2(e), (f), (g) and (h).  This 
amendment  was  carried  out  in accordance  with  the  opinion  of  the Committee  provided  for  in 
Article  12 of Directive 93/75/EEC. 

The purpose of this proposal  for  a Council  Directive  is  threefold: 

to  extend  the  scope  of  the  Directive  to  cover  the  carriage  of  irradiated  nuclear  fuel, 
plutonium  and high-level  radioactive  waste  in flasks  on board ships; 

to  supplement  the  information  given  in  the  annexes  to  the  Directive  in  the  light  of 
developments  in international  legislation; 

to facilitate the amendment of those annexes in the light of developments in international 
legislation by applying the committee  procedure. 

2. 

Contents  of the proposal 

2.1 

Extension of the scope of the Directive to cover certain  radioactive materials 

Concerned by the lack of special provisions  regarding the carriage by sea of certain  radioactive 
materials  produced  by  the  nuclear  industry,  the  Assembly  of  the  International  Maritime 
Organization (IMO) adopted, on 4 November  1993, Resolution  A.748 (18) concerning the code 
for  the safe  carriage  of  irradiated  nuclear  fuel,  plutonium  and  high-level  radioactive  wastes  in 
flasks  on board  ships (INF Code). 

Furthermore,  in view of the increasing quantities of such radioactive materials being transported 
by sea and the particular nature of the risk posed by such traffic,  the IMO (Resolution  A.790 (19) 
of  the  Assembly)  decided  to  consider  whether  a  revised  version  of  the  INF  Code  should  take 
account of the aspects relating to route planning, notification of coastal States and the availability 
of information  on this type of cargo,  including the risks  it poses. 

Directive 93/75/EEC  of  13 September  1993  could  not  take  into  account  the  international 
developments  which  have  taken  place  in  this  field  since  it  was  adopted  (the  INF  Code  was 
adopted on 4 November  1993). 

Consequently,  and  in view  of the fact  that  a large proportion  of the  abovementioned  traffic  is 
bound for,  or originates in, the Member  States of the European Union, the INF Code should be 
expressly  mentioned  in  the  list  of  international  legal  texts  referred  to  in  Article 2  of 
Directive 93/75/EEC. 

2.2 

Amendment  of the annexes  in view of developments  in international  legislation 

Annex I to  Directive 93/75/EEC  lists the information  which must  be notified  to the  competent 
authorities under the Directive.  Annex II sets out the checklist of information,  safety  equipment 
and documents  which the ship's  captain must  make available to the pilot  upon  embarkation. 

Under  Article  11  (committee  procedure)  these  annexes  may  be  amended  in  line  with  the 
developments which have taken place in international legislation since Directive 93/75/EEC was 
adopted - namely the amendments which have entered into force to the International Convention, 
codes and Resolution  referred  to in Article 2(e), (f),  (g), (h) and (i). 

However,  the purpose of this proposal  for  a Directive is to amend those annexes in the light of 
changes  which  have  been  made  to  international  legal  texts  not  referred  to  in  Article 2  of 
Directive 93/75/EEC.  It aims,  in particular: 

to include in Annexes I and II a reference to the IMO identification  number, the purpose 
of which is to facilitate  identification  of vessels  in order  to enhance  safety  at sea and to 
protect the marine environment.  The allocation of this identification number to passenger 
ships  with  a gross  tonnage  of  at  least  100 tonnes  and  to  all  cargo  ships  with  a gross 
tonnage  of at  least  300 tonnes  is already  provided  for  in the  SOLAS  Convention,  as a 
result  of  the  adoption  of  IMO  Resolution  A.600  (15)  on  the  IMO  ship  identification 
number scheme; 

to supplement Annex II (checklist to be given to the pilot) by including safety  equipment 
and certificates  referred  to in: 

*  the International  Convention  for  the  Safety  of  Life  at  Sea  (SOLAS),  1974,  and  its 
1978 protocol,  including the rules governing the global maritime distress and  safety 
system (GMDSS); 

* 

the International  Convention  on the Tonnage  Measurement  of Ships,  1969; 

*  the  1978  International  Convention  on  Standards  of  Training,  Certification  and 

Watchkeeping (STCW); 

*  the  international  safety  management  code  for  the  safe  operation  of  ships  and  for 

pollution prevention  (ISM Code) adopted  by the IMO. 

2.3 

Easier  procedure  for  amending  the  annexes  to  take  account  of  developments  in 
international  legislation 

The  developments  described  in  paragraph 2.2  above  show  that  amendments  similar  to  those 
concerning the codes and Convention referred to in Article  2 of Directive  93/75/EEC but relating 
to other  international  legal  texts  cannot be  introduced  using  the committee  procedure. 

Since  international  legislation  on  safety  at  sea  and  environmental  protection  is  constantly 
developing  and  being  amended,  it  is  proposed  that  Article  11  of  Directive  93/75  should  be 
expanded so as to enable the Annexes to the Directive to be further amended in light of  relevant 
developments  in  international  law  on  safety  at  sea  and  on  the  protection  of  the  marine 
environment,  in accordance  with the procedure provided  for  in Article  12. 

In the  light  of  the subsidiarity  principle,  this  amendment  to  Directive  93/75/EEC  does 

2.4 
not affect  the right of  member  States to  impose  additional  requirements  in respect  of  vessels. 

H-

Proposal  for  a 

COUNCIL  DIRECTIVE 

amending  Directive  93/75/EEC  concerning  minimum  requirements 
for  vessels  bound  for  or  leaving  Community  ports  and  carrying 
dangerous  or  polluting  goods 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community  and,  in  particular, 
Article  84(2)  thereof, 

Having  regard  to  the  proposal  from  the  Commission,1 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee,2 

Acting  in  accordance  with  the  procedure  referred  to  in  Article  189(c)  of  the  Treaty,3 

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

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

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

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

HAS  ADOPTED  THIS  DIRECTIVE: 

OJ  c . .. 
OJ c... 
Opinion  of the European  Parliament  delivered  on  ... (OJ C ...), common  position  adopted  by the 
Council  on  ...  (OJ C ...). 

5 

Article  1 

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

1. 

Article  2  is  amended  as  follows: 

The  following  is  added  to  paragraph  (c): 

",  and  radioactive  materials  as  defined  by  the  INF  Code;" 

The  following  paragraph  is  inserted: 

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

Paragraphs  (i), (j)  and  (k)  become  paragraphs  (j),  (k)  and  (1) respectively. 

2. 

The  following  indent  is added  to  Article  11 : 

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

3. 

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

Article  2 

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

When  Member  States  adopt  the  measures  referred  to  in  paragraph  1, they  shall 
2. 
contain  a  reference  to  this  Directive  or  shall  be  accompanied  by  such  reference  on  the 
occasion  of  their  official  publication.  The  methods  of  making  such  a reference  shall  be 
laid  down  by  the  Member  States. 

Member  States  shall  communicate  to  the  Commission  the  texts  of  the  basic 

3. 
provisions  of  national  law  which  they  adopt  in  the  field  governed  by  this  Directive. 

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

Article  3 

This  Directive  is  addressed  to  the  Member  States. 

Article  4 

Done  at  Brussels, 

ANNEX 

I. 

In  Annex  I,  paragraph  1 is amended  as  follows: 

"1.  Name  and  call  sign  of  the  vessel  and,  where  appropriate,  its  IMO 
identification  number." 

II. 

The  following  amendments  are  made  to  Annex  II: 

1.  In  paragraph  A,  first  column,  fourth  line,  "Vessel's  international  call  sign,  if 

available"  is replaced  by  "Distinctive  letters  or  numbers  (Call  sign)". 

In  paragraph  A,  second  column,  fourth  line,  the  following  is  inserted:  "IMO 
identification  number,  where  appropriate". 

2.  The  following  is  added  to  paragraph  B(2): 

"Instrument  for  measuring  speed  and  distance  (loch) 

• 

• 

...." 

Paragraph  B(3)  is replaced  by  the  following: 

"3.  Radio  equipment 

Radiotelegraphy  installation 

• 

Radiotelephony  installation 

GMDSS  radio  installation 

Radio  installation  for  survival  craft  • 

Paragraph  C  is replaced  by  the  following: 

"C.  Documents 

International  tonnage  certificate 

Passenger  ship  safety  certificate 

Cargo  ship  safety  certificate 

Cargo  ship  safety  construction 
certificate 

Cargo  ship  safety  equipment  certificate 

• 

• 

• 

• 

• 

• 

" 

Certificates/ 
documents 
valid  on  board 
Yes  No 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

Cargo  ship  safety  radio  certificate 

Cargo  ship  safety  radiotelegraphy 
certificate 

• 

D 

• 

D 

Cargo  ship  safety  radiotelephony 

• 

D 

certificate 

Exemption  certificate 

Load  line  certificate 

Classification  certificate 

Pollution  risk  insurance  certificate 

SOLAS  dangerous  goods  certificate 

Passenger  safety  certificate 

Oil/cargo  record  book  filled  in 
(International)  certificate  of  fitness 
for  the  carriage  of  dangerous  chemicals 
in  bulk 

(International)  certificate  of  fitness 
for  the  carriage  of  liquified  gases 
in  bulk 

International  oil  pollution  prevention 
certificate  (IOPP)  certificate 

International  pollution  prevention 
certificate  for  the  carriage  of  noxious 
liquid  substances  in  bulk 

Stowage  diagram  for  dangerous  and 

polluting  goods 

Stability  data 

Document  specifying  the  minimum 
safety  crewing  levels 
Copy  of  the  certificate  and  attestation  of 
conformity  issued  in  accordance  with 
the  international  safety  management  code 
for  the  safe  operation  of  ships  and  for 
pollution  prevention  (IMO  Resolution 
A.741  (18)). 

8 

D 

• 

D 

• 

D 

• 

• 
• 

• 

• 

• 

• 

• 

• 

• 

• 

D 

• 

D 

• 

• 

• 
• 

• 

• 

• 

• 

• 

• 

• 

3.  In paragraph D, the following  column is inserted  after  the first column: 

"Holder of a GMDSS operator's  general  certificate". 

* 

ISSN 0254-1475 

COM(96) 455 final 

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