Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over
Date: 1997-12-11
Institutions: Council of the European Union
Subjects: fishing vessel, harmonisation of standards, maritime safety, quality control of industrial products, quality label, technical standard

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I

(Acts  whose  publication  is  obligatory)

COUNCIL  DIRECTIVE  97/70/EC

of  11  December  1997

setting  up  a  harmonised  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  Commission (1),

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

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

(1)  Whereas  Community  action 

in  the  sector  of
maritime transport should aim at the improvement
of  maritime  safety;

(2)  Whereas  the  Torremolinos  Protocol  relating  to  the
Torremolinos  International  Convention  for  the
Safety of Fishing Vessels 1977, hereinafter referred
to  as  the  ‘Torremolinos  Protocol’  was  adopted  on
2  April  1993;

(3)  Whereas  the  enforcement  of  this  Protocol  at
Community  level  for  fishing  vessels  flying  the  flag
of  a  Member  State  or  operating  in  the  internal
waters  or  territorial  sea  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  require  the
safety  level  established  by  the  Protocol;  whereas

and 

such  a  common  safety  level  will,  by  harmonising
safety
the  different 
requirements,  ensure  that  competition  will  take
place on an equal level for fishing vessels operating
in  the  same  area  without  compromising  safety
standards;

varying  national 

(4)  Whereas,  in  view,  in  particular,  of  the  internal
market  dimension,  action  at  Community  level  is
the  most  effective  way  to  establish  a  common
safety  level  for  fishing  vessels  throughout  the
Community;

(5)  Whereas  a  Council  Directive  is  the  appropriate
legal  instrument  as  it  provides  a  framework  for  a
uniform  and  compulsory  application  of  the  safety
standards by Member States, while leaving to each
Member  State  the  choice  of  form  and  methods,
that  best  fit  its  internal  system;

(6)  Whereas 

several 

important  chapters  of 

the
Torremolinos 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
between  24  and  45  metres  in  length,  and  would
therefore  distort  competition;

(1)  OJ  C  292,  4.10.1996,  p.  29.
(2)  OJ  C  66,  3.3.1997,  p.  31.
(3)  Opinion of the European Parliament of 24 April 1997 (OJ C
150,  19.5.1997,  p.  30),  Council  Common  Position  of  30
June  1997  (OJ  C  246,  12.8.1997,  p.  1)  and  Decision  of  the
European  Parliament  of  6  November  1997  (OJ  C  358,
24.11.1997).

(7)  Whereas  Article  3(4)  of  that  Protocol  states  that
each  Party  shall  determine  which  of  its  regulations
for which the length limit is greater than 24 metres
should apply, wholly or in part, to a fishing vessel
of  24  metres  in  length  or  over  but  less  than  the
prescribed  length  limit  and  entitled  to  fly  a  flag  of

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that  Party;  whereas  Article  3(5)  of  that  Protocol
states  that  Parties  shall  endeavour  to  establish
uniform 
fishing  vessels
standards 
operating  in  the  same  region;

these 

for 

(8)  Whereas,  in  order  to  enhance  safety  and  to  avoid
distortions  of  competition,  the  aim  must  be
pursued  of  applying  the  safety  rules  of  this
Directive  to  all  fishing  vessels  of  24  metres  in
length  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  operating  in  the
internal waters or territorial sea of a Member State
or landing their catch in a port of a Member State,
in  accordance  with 
rules  of
international law;

the  general 

(9)  Whereas 

the  relevant  provisions  of  Council
Directives  adopted  under  the  social  policy  of  the
Community  must  continue  to  apply;

the  Annex 

the  provisions  of 

(10)  Whereas  Member  States  should,  for  all  those
reasons,  apply  to  new  and,  where  required,  to
existing  fishing  vessels  of  45  metres  in  length  and
over 
the
Torremolinos  Protocol,  taking  account  of  the
relevant  provisions 
in  Annex  I  to  this
listed 
Directive;  whereas  Member  States  should  also
apply the provisions of Chapters IV, V, VII and IX
of  the  Annex  to  the  Torremolinos  Protocol,  as
adapted  by  Annex  II  to  this  Directive,  to  all  new
vessels  of  24  metres  in  length  and  over  but  less
than  45  metres  flying  their  flag;

to 

(11)  Whereas specific requirements, as set out in Annex
III,  can  be  justified  for  reasons  relating  to  specific
regional  circumstances,  such  as  geographical  and
climatic  conditions;  whereas  such  provisions  have
been  developed  for  operation  in  the  northern  and
southern  zones,  respectively;

(12)  Whereas,  in  order  to  further  increase  the  level  of
safety,  vessels  flying  the  flag  of  a  Member  State
should  comply  with  the  specific  requirements  set
out  in  Annex  IV;

(13)  Whereas  fishing  vessels  flying  the  flag  of  third
States  should  not  be  allowed  to  operate  in  the
internal waters or territorial sea 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;

(14)  Whereas 

equipment 

complying  with 

the
requirements  of  Council  Directive  96/98/EC  of  20
December  1996  on  marine  equipment (1),  when
installed  on  board  fishing  vessels  should  be
automatically  recognised  to  be  in  conformity  with
the  specific  provisions  imposed  on  such  equipment
in 
the  requirements  of
Directive  96/98/EC  are  at  least  equivalent  to  those
of  the  Torremolinos  Protocol  and  this  Directive;

this  Directive,  since 

(15)  Whereas  Member  States  could  encounter  local
circumstances  which  justify  the  application  of
specific  safety  measures  to  all  fishing  vessels
operating  in  certain  areas;  whereas  they  may  also
consider  it  appropriate  to  adopt  exemptions  from,
or equivalent requirements to, the provisions of the
Annex to the Torremolinos Protocol; whereas they
should  be  entitled  to  adopt  such  measures  subject
to  control  under  the  Committee  procedure;

(16)  Whereas  at  present 

there  are  no  uniform
international  technical  standards  for  fishing  vessels
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  organisations  or  national
administrations;

(17)  Whereas, 

for 

the  effective
the  control  of 
implementation  and  enforcement  of  this  Directive,
Member  States  should  carry  out  surveys  and  issue
a  certificate  of  compliance  to  fishing  vessels  which
comply  with  the  specific  requirements  of  this
Directive;

(18)  Whereas, in order to ensure full application of this
Directive,  and  in  accordance  with  the  procedure
established 
in  Article  4  of  the  Torremolinos
Protocol,  fishing  vessels  should  be  subject  to  port
State  control;  whereas  a  Member  State  may
undertake controls also on board fishing vessels of
third  countries  which  are  not  operating  in  the
internal waters or territorial sea of a Member State
nor  landing  their  catch  in  the  ports  of  a  Member
State,  when  they  are  in  a  port  of  that  Member
State, in order to verify that they comply with that
Protocol,  once  it  has  entered  into  force;

(1)  OJ  L  46,  17.2.1997,  p.  25.

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(19)  Whereas  it  is  necessary  for  a  committee  composed
of  the  representatives  of  the  Member  States  to
assist  the  Commission  in  the  effective  application
of  this  Directive;  whereas  the  committee  set  up  in
Article  12  of  Council  Directive  93/75/EEC  of  13
September 
minimum
requirements  for  vessels  bound  for  or  leaving
Community  ports  and  carrying  dangerous  or
polluting  goods (1),  can  take  on  this  task;

concerning 

1993 

(20)  Whereas, 

in  order 

to  ensure  a  consistent
implementation of this Directive, certain provisions
may  be  adapted  through  this  committee  to  take
account  of  relevant  developments  at  international
level;

(21)  Whereas  the  International  Maritime  Organisation
(IMO)  should  be  informed  of  this  Directive  in
accordance  with  the  Torremolinos  Protocol;

(22)  Whereas, in order to ensure full application of this
Directive,  Member  States  should 
lay  down  a
system  of  penalties  for  breaching  the  national
provisions  adopted  pursuant  to  this  Directive,

HAS  ADOPTED  THIS  DIRECTIVE:

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 Torremolinos Protocol applies to the latter,
and

—  flying the flag of a Member State and registered in the

Community,  or

introduction  of  measures  to  encourage  improvements  in
the  safety  and  health  of  workers  at  work (2), 
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 (13th individual Directive within the
meaning  of  Article  16(1)  of  Directive  89/391/EEC) (3).

Article  2

Definitions

For  the  purpose  of  this  Directive:

1.  ‘fishing  vessel’  or  ‘vessel’  means  any  vessel  equipped
or used commercially for catching fish or other living
resources  of  the  sea;

2.  ‘new  fishing  vessel’  means  a  fishing  vessel  for  which:

(a)  on  or  after  1  January  1999  the  building  or  major

conversion  contract  is  placed;  or

(b) the  building  or  major  conversion  contract  has
been  placed  before  1  January  1999,  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  1999:

—  the  keel  is  laid,  or

—  construction  identifiable  with  a  specific  ship

begins,  or

—  assembly  has  commenced  comprising  at  least
50  tonnes  or  1 %  of  the  estimated  mass  of  all
structural  material,  whichever  is  less;

—  operating in the internal waters  or territorial  sea of a

not  a  new  fishing  vessel;

Member  State,  or

3.  ‘existing fishing vessel’ means a fishing vessel which is

—  landing  their  catch  in  the  port  of  a  Member  State.

Recreational craft  engaged in non-commercial fishing are
excluded  from  the  scope  of  this  Directive.

4.  ‘Torremolinos  Protocol’  means  the  Torremolinos
Protocol  relating  to  the  Torremolinos  International
Convention  for  the  Safety  of  Fishing  Vessels,  1977,
together  with  the  amendments  thereto;

2. This  Directive  is  without  prejudice  to  the  provisions
of Council Directive 89/391/EEC of 12 June 1989 on the

5.  ‘Certificate’  means  the  certificate  of  compliance

referred  to  in  Article  6;

(1)  OJ  L  247,  5.10.1993,  p.  19.  Directive  as  last  amended  by

Directive  96/39/EC  (OJ  L  196,  7.8.1996,  p.  7).

(2)  OJ  L  183,  29.6.1989,  p.  1.
(3)  OJ  L  307,  13.12.1993,  p.  1.

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6.  ‘length’  means,  unless  provided  otherwise,  96 %  of
the  total  length  on  a  waterline  at  85 %  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;

7.  ‘operating’ means catching or catching and processing
fish  or  other  living  resources  of  the  sea  without
prejudice  to  the  right  of  innocent  passage  in  the
territorial  sea  and  the  freedom  of  navigation  in  the
200  mile  exclusive  economic  zone;

8.  ‘recognised  organisation’  means  an  organisation
recognised  in  conformity  with  Article  4  of  Council
Directive  94/57/EC  of  22  November  1994  on
common  rules  and  standards  for  ship  inspection  and
survey  organisations  and  for  the  relevant  activities  of
maritime administrations (1).

Article  3

General  requirements

1. Member States shall ensure that the provisions of the
Annex  to  the  Torremolinos  Protocol  are  applied  to  the
fishing  vessels  concerned  flying  their  flag,  unless  Annex  I
to  this  Directive  provides  otherwise.

Unless  provided  otherwise  in  this  Directive,  existing
relevant
fishing  vessels 
requirements  of  the  Annex  to  the  Torremolinos  Protocol
not  later  than  1  July  1999.

comply  with 

shall 

the 

waters  or  territorial  sea  or  landing  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,  3  and  4  and  in  Article  5.

the  provisions  of 

6. Marine  equipment  listed  in  Annex  A.1  to  Directive
96/98/EC  and  complying  with  the  requirements  of  the
latter,  when  placed  on  board  a  fishing  vessel  to  comply
with 
shall  be
automatically  considered  to  be  in  conformity  with  such
provisions,  whether  or  not  these  provisions  require  that
the equipment must be approved and subjected to tests to
the  satisfaction  of  the  administration  of  the  flag  State.

this  Directive, 

Article  4

Specific  requirements,  exemptions  and  equivalents

1.
If  a  Member  State  or  a  group  of  Member  States
considers  that  certain  situations  due  to  specific  local
circumstances  or  the  vessel’s  particulars  require  specific
safety  measures  for  fishing  vessels  operating  in  a  certain
area, and if the need therefor is demonstrated, they may,
subject  to  the  procedure  in  paragraph  4,  adopt  such
specific  safety  measures  to  take  account  of 
local
circumstances  such  as  the  nature  and  climatic  conditions
of  the  waters  these  vessels  operate  in,  the  length  of  their
journeys,  or  their  particulars,  such  as  their  construction
material.

The  measures  adopted  shall  be  added  in  Annex  III.

2. Member States shall ensure that those requirements in
Chapters  IV,  V,  VII  and  IX  of  the  Annex  to  the
Torremolinos  Protocol  which  apply  to  vessels  of  45
metres in length and over are also applied to new fishing
vessels  of  24  metres  in  length  and  over,  flying  their  flag,
unless  Annex  II  to  this  Directive  provides  otherwise.

the  provisions  of
shall  apply 
2. Member  States 
Regulation  3,  paragraph  3  of  Chapter  1  of  the  Annex  to
the  Torremolinos  Protocol, 
for  adopting  measures
containing  exemptions,  subject  to  the  procedure  laid
down  in  paragraph  4  of  this  Article.

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.

3. 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 paragraph 4 of this
Article.

4. Member  States  shall  ensure  that  vessels  flying  their
flag  shall  comply  with  the  specific  safety  requirements
laid  down  in  Annex  IV.

5. Member States shall prohibit fishing vessels flying the
flag  of  a  third  country  from  operating  in  their  internal

(1)  OJ  L  319,  12.12.1994,  p.  20.

4. A  Member  State  which  avails  itself  of  the  provisions
of  paragraphs  1,  2  or  3  shall  follow  the  following
procedure:

(a)  The Member State shall notify the Commission of the
measures  which 
including
intends 
particulars to the extent necessary to confirm that the
level  of  safety  is  adequately  maintained.

to  adopt, 

it 

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(b) If,  within  a  period  of  six  months 

the
notification,  it  is  decided,  in  accordance  with  the
procedure  laid  down  in  Article  9,  that  the  proposed
measures are not justified, the said Member State may
be  required  to  amend  or  not  to  adopt  the  proposed
measures.

from 

(c)  The  adopted  measures  shall  be  specified  in  the
relevant national legislation and communicated to the
Commission,  which  shall  inform  the  other  Member
States  of  all  particulars  thereof.

(d) Any  of  such  measures  shall  be  applied  to  all  fishing
vessels  when  operating  under  the  same  specified
conditions,  without  discrimination  with  regard  to
their  flag  or  to  the  nationality  of  their  operator.

(e)  The  measures  referred  to  in  paragraph  2  shall  only
apply  as  long  as  the  fishing  vessel  operates  under  the
specified  conditions.

Article  5

Standards  for  design,  construction  and  maintenance

for 

standards 

The 
the  design,  construction  and
maintenance  of  hull,  main  and  auxiliary  machinery,
electrical and automatic plants of a fishing vessel shall be
the rules in force at the date of its construction, specified
for classification by a recognised organisation or used by
an  administration.

For  new  vessels,  these  rules  shall  be  in  accordance  with
the procedure and subject to the conditions laid down in
Article  14(2)  of  Directive  94/57/EC.

2. The  periods  of  validity  of  the  certificates  referred  to
in  paragraph  1  shall  not  exceed  those  established  in
Regulation  11  of  Chapter  1  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  7

Control  provisions

1. Fishing  vessels  operating  in  the  internal  waters  or
territorial sea of a Member State or landing their catch in
its  ports  and  not  being  fishing  vessels  flying  the  flag  of
that  Member  State  shall  be  subject  to  control  by  the
Member  State,  in  accordance  with  Article  4  of  the
Torremolinos  Protocol  and  without  discrimination  with
regard  to  flag  or  nationality  of  the  operator,  in  order  to
verify  that  they  comply  with  this  Directive.

2. Fishing  vessels,  which  are  not  operating  in  the
internal  waters  or  territorial  sea  of  a  Member  State  nor
landing  their  catch  in  the  ports  of  a  Member  State  and
flying  the  flag  of  another  Member  State,  shall  be  subject
to  control  by  the  Member  State,  when  in  its  ports,  in
accordance  with  Article  4  of  the  Torremolinos  Protocol
and  without  discrimination  with  regard  to  flag  or
nationality  of  the  operator,  in  order  to  verify  that  they
comply  with  this  Directive.

3. Fishing  vessels  flying  the  flag  of  a  third  State,  which
are  not  operating  in  the  internal  waters  or  territorial  sea
of a Member State nor landing their catch in the ports of
a  Member  State,  shall  be  subject  to  control  by  the
Member  State,  when  in  its  ports,  in  accordance  with
Article 4 of the Torremolinos Protocol, in order to verify
their  compliance  with  the  Torremolinos  Protocol,  once  it
has  entered  into  force.

Article  6

Surveys  and  certificates

Article  8

Adaptations

1. Member  States  shall  issue  to  fishing  vessels  flying
their  flag  and  complying  with  Articles  3  and  5,  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  V.
The  certificates  shall  be  issued  by  the  administration  of
the  flag  State  or  by  a  recognised  organisation  acting  on
its  behalf  after  an  initial  survey,  carried  out  by  the
exclusive  surveyors  either  of  the  administration  of  the
flag  State  itself  or  of  a  recognised  organisation  or  of  the
Member  State  authorised  by  the  flag  State  to  carry  out
surveys,  in  accordance  with  Regulation  6,  paragraph
(1)(a)  of  Chapter  1  of  the  Annex  to  the  Torremolinos
Protocol.

In  accordance  with  the  procedure  laid  down  in  Article
9:

(a)  provisions  may  be  adopted  and  incorporated  for:

—  a  harmonised  interpretation  of  provisions  of  the
Annex  to  the  Torremolinos  Protocol  which  have
been  left  to  the  discretion  of  the  administrations
far  as
of 
necessary 
consistent
implementation  in  the  Community,

individual  contracting  parties,  as 
ensure 

their 

to 

—  the 

implementation  of  this  Directive  without

broadening  its  scope.

(b) Articles  2,  3,  4,  6  and  7  of  this  Directive  may  be
adapted and its Annexes may be amended in order to

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apply,  for  the  purpose  of  this  Directive,  subsequent
amendments  to  the  Torremolinos  Protocol  which
have  entered  into  force  after  the  adoption  of  this
Directive.

Article  9

Committee

1. The  Commission  shall  be  assisted  by  the  committee
established  by  Article  12(1)  of  Directive  93/75/EEC.

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

(a)  The representative of the Commission shall submit to
the  committee  a  draft  of  the  measures  to  be  taken.
The  committee  shall  deliver  its  opinion  on  the  draft
within a time limit which the chairman may lay down
according  to  the  urgency  of  the  matter.  The  opinion
shall be delivered by the majority laid down in Article
148(2)  of  the  Treaty  in  the  case  of  decisions  which
the  Council  is  required  to  adopt  on  a  proposal  from
the  Commission.  The  votes  of  the  representatives  of
the  Member  States  within  the  committee  shall  be
weighted  in  the  manner  set  out  in  that  Article.  The
chairman  shall  not  vote.

(b) The  Commission  shall  adopt  the  measures  envisaged
if  they  are  in  accordance  with  the  opinion  of  the
committee.

(c)  If  the  measures  envisaged  are  not  in  accordance  with
the  opinion  of  the  committee,  or  if  no  opinion  is
delivered,  the  Commission  shall,  without  delay,
submit  to  the  Council  a  proposal  relating  to  the
measures  to  be  taken.  The  Council  shall  act  by  a
qualified majority.

If,  on  the  expiry  of  eight  weeks  from  the  date  of  the
referral to the Council, the Council has not acted, the
proposed  measures 
the
Commission.

shall  be  adopted  by 

Article  11

Penalties

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.

Article  12

Implementation

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  before  1  January  1999.  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.

2. 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  13

Entry  into  force

This  Directive  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  14

Addressees

Article  10

Notification  to  IMO

Done  at  Brussels,  11  December  1997.

This  Directive  is  addressed  to  the  Member  States.

The  Presidency  of  the  Council  and  the  Commission  shall
inform  the  IMO  of  the  adoption  of  this  Directive,
whereby  reference  shall  be  made  to  Article  3(5)  of  the
Torremolinos  Protocol.

For  the  Council

The  President

M.  DELVAUX-STEHRES

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ANNEX  I

Adaptation  of  provisions  of  the  Annex  to  the  Torremolinos  Protocol  for  application  of  Article  3(1)  of
Council  Directive  97/70/EC

CHAPTER  I: 

GENERAL  PROVISIONS

Regulation  2:  Definitions

Paragraph 1 ‘New vessel’ has to be replaced by the definition of ‘new fishing vessel’ contained in Article 2
of  this  Directive.

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  five  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  organisation  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.’

CHAPTER  IX: 

RADIO  COMMUNICATIONS

Regulation  1:  Application

Paragraph  1,  second  sentence  to  be  read  as  follows:

‘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.’

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ANNEX  II

Adaptation  of  provisions  of  Chapters  IV,  V,  VII  and  IX  of  the  Annex  to  the  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

CHAPTER  IV:  MACHINERY  AND  ELECTRICAL 

INSTALLATIONS  AND  PERIODICALLY

UNATTENDED  MACHINERY  SPACES

Regulation  1:  Application

To  be  read  as  follows:

‘Unless  provided  otherwise,  this  chapter  shall  apply  to  new  fishing  vessels  of  24  metres  in  length  and
over.’

Regulation  7:  Communication  between  the  wheelhouse  and  machinery  space

To  be  read  with  the  following  addition:

‘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  metres  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:  Wheelhouse  control  of  propulsion  machinery

Paragraph  1(d)  to  be  read  with  the  following  addition:

‘... 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:  Main  source  of  electrical  power

Paragraph  1(b)  to  be  read  with  the  following  addition:

‘... 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  vessels.’

Regulation  17:  Emergency  source  of  electrical  power

Paragraph  6  to  be  read  with  the  following  insertion:

‘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:  Alarm  system

Paragraph  2(a)  to  be  read  with  the  following  addition:

‘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:

‘In  vessels  of  45  metres  in  length  and  over  the  alarm  system  shall  have  a  connection  ...’.

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Paragraph  2(c)  to  be  read  with  the  following  addition:

‘In  vessels  of  45  metres  in  length  and  over  an  engineer’s  alarm  ...’.

CHAPTER  V: 

FIRE  PROTECTION,  FIRE  DETECTION,  FIRE  EXTINCTION  AND  FIRE
FIGHTING

Regulation  2:  Definitions

Paragraph  14(b)  to  be  read  with  the  following  change:

‘...  not  less  than  375  kilowatts’.

PART  C

Replace  the  title  as  follows:

‘PART  C  —  FIRE  SAFETY  MEASURES  IN  VESSELS  OF  24  METRES  IN  LENGTH  AND  OVER  BUT

LESS  THAN  60  METRES’

Regulation  35:  Fire  pumps

Insert  following  paragraph:

‘Notwithstanding  the  provision  of  Regulation  V/35(1),  at  least  two  fire  pumps  shall  always  be
provided.’

Add  to  paragraph  8:

‘...  or  25  m3/h,  whichever  is  the  greatest.’

Regulation  40:  Fire-extinguishing  appliances  in  machinery  spaces

Paragraph  1(a)  to  be  read  with  the  following  change:

‘...  of  not  less  than  375  kilowatts  ...’.

CHAPTER  VII: 

LIFE-SAVING  APPLIANCES  AND  ARRANGEMENTS

Regulation  1:  Application

Paragraph  1  to  be  read  with  following  changes:

‘1.  Unless  provided  otherwise,  this  chapter  shall  apply  to  new  vessels  of  24  metres  in  length  and  over.’

Regulation  5:  Number  and  types  of  survival  craft  and  rescue  boats

1.  Beginning  of  paragraph  3  to  be  read  as  follows:

‘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(a):

‘(3a)  Vessels  of  less  than  45  metres  in  length  shall  be  provided  with:

(a)  survival craft of sufficient aggregate capacity to accommodate at least 200 % 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.  Beginning  of  paragraph  4  to  be  read  as  follows:

‘In  lieu  of  meeting  the  requirements  of  paragraphs  2(a),  3(a)  and  3a(a)  vessels  may  carry  ...’.

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Regulation  10:  Lifebuoys

1.  Read  subparagraph  1(b)  as  follows:

‘six  lifebuoys  in  vessels  of  less  than  75  metres  in  length  but  45  metres  in  length  and  over;’.

2.  Insert  a  new  subparagraph  1(c)  as  follows:

‘1(c)  four  lifebuoys  in  vessels  of  less  than  45  metres  in  length.’

Regulation  13:  Radio  life-saving  appliances

Insert  a  new  paragraph  1a  to  read  as  follows:

‘1a 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;’.

Regulation  14:  Radar  transponders

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: 

RADIO  COMMUNICATIONS

Regulation  1:  Application

Read  paragraph  1,  first  sentence  as  follows:

‘Unless 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.’

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ANNEX  III

Regional  and  local  provisions  (Articles  3(3)  and  4(1))

A.  ‘Northern’  regional  provisions

1.  Area  of  application

Unless mentioned otherwise elsewhere, the waters north of the boundary as illustrated on the chart
attached to this Annex, excluding the Baltic Sea. This boundary is defined by the parallel of latitude
62° N from the west coast of Norway to longitude 4° W, thence the meridian of longitude 4° W to
latitude 60° 309 N, thence the parallel of latitude 60° 309 N to longitude 5° W, thence the meridian
of  longitude  5°  W  to  latitude  60°  N,  thence  the  parallel  of  latitude  60°  N  to  longitude  15°  W,
thence the meridian of longitude 15° W to latitude 62° N, thence the parallel of latitude 62° N to
longitude 27° W, thence the meridian of longitude 27° W to latitude 59° N and thence the parallel
of  latitude  59°  N  to  the  west.

2.  Definitions

‘Heavy  drift  ice’  is  drift  ice  covering  8/10  or  more  of  the  sea  surface.

3.  Regulation  III/7(1)  (Operating  conditions)

In addition to the specific operating conditions given in Regulation III/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  III/8;

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

4.  Regulation  III/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 III/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  kilograms  per  square  metre  on  exposed  weather  decks  and  gangways;

(b) 10  kilograms  per  square  metre  for  projected  lateral  area  of  each  side  of  the  vessel  above  the

water plane.

5.  Regulations  VII/5(2)(b)  and  (3)(b)  (Number  and  types  of  survival  craft  and  rescue  boats)

Notwithstanding  the  provisions  of  Regulation  VII/5  (2)(b),  (3)(b),  and  (3a),  for  fishing  vessels
whose  hull  is  built  to  comply  with  the  rules  of  a  recognised  organisation  for  operation  in  waters
with  heavy  drift  ice  concentration  in  compliance  with  Regulation  II/1/2  of  the  Annex  to  the
Torremolinos Protocol, the rescue boat/lifeboat required in (2)(b), (3)(b) or (3a)(b) shall at least be
partially  covered  (as  defined  in  Regulation  VII/18)  and  shall  have  sufficient  capacity  to
accommodate  all  persons  on  board.

6.  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.

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7.  Regulation  VII/14  (radar  transponder)

In  addition  to  the  provisions  of  Chapter  VII,  Part  B,  every  lifeboat,  rescue  boat  and  life-raft  shall
permanently  be  equipped  with  an  approved  radar  transponder  capable  of  operating  in  the  9  GHz
band.

8.  Regulation  VII/25  (Immersion  suits)

Notwithstanding the provisions of Regulation VII/25 all immersion suits required under item 1.6 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(1)(c)(i).  All  other  relevant
requirements  of  Regulation  VII/25  shall  also  be  complied  with.

9.  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.

10.  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  metres.

B.  ‘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  to  the  1996  International  Convention  on  Load  Lines (1),  as  amended.

2.  Regulation  VII/9(1)  (Immersion  suits)

Taking  into  consideration  the  provisions  of  paragraph  4  of  Regulation  VII/9,  add  at  the  end  of
paragraph  1  the  following  sentence:

‘For vessels of less than 45 metres in length the number of immersion suits need not be greater than
two.’

3.  Regulation  IX/1  (Radio  communications)

Add  a  new  paragraph  1a  as  follows:

‘This chapter shall also apply to new vessels of 24 metres in length and over, provided that the area
in  which  they  operate  is  supported  appropriately  by  a  coast  station  operating  in  accordance  with
IMO  master  plan.’

(1)  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  Intergovernmental  Maritime  Consultative  Organisation.

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NORTHERN  REGION

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ANNEX  IV

Specific  safety  requirements  (Article  3(4))

CHAPTER  II: 

CONSTRUCTION,  WATERTIGHT  INTEGRITY  AND  EQUIPMENT

Add  following  new  Regulations:

‘Regulation  16:  Working  decks  within  an  enclosed  superstructure

1.  Such decks shall be fitted with an efficient drainage system having an appropriate drainage capacity to

dispose  of  washing  water  and  fish  guts.

2.  All  openings  necessary  for  fishing  operations  shall  be  provided  with  means  for  quick  and  efficient

closure  by  one  person.

3.  Where the catch is brought on to such decks for handling or processing, the catch shall be placed in a
pound.  Such  pounds  shall  comply  with  Regulation  11  of  Chapter  III.  An  efficient  drainage  system
shall  be  fitted.  Adequate  protection  against  inadvertent  influx  of  water  to  the  working  deck  shall  be
provided.

4.  At  least  two  exits  from  such  decks  shall  be  provided.

5.  The  clear  headroom  in  the  working  space  shall  at  all  points  be  not  less  than  two  metres.

6.  A  fixed  ventilation  system  providing  at  least  six  changes  of  air  per  hour  shall  be  provided.

Regulation  17:  Draught  marks

1.  All  ships  shall  be  provided  with  draught  marks  in  decimetres  on  the  stem  and  the  stern  on  both

sides.

2.  Such  marks  shall  be  placed  as  close  as  practicable  to  the  perpendiculars.

Regulation  18:  Tanks  for  fish  in  refrigerated  (RSW)  or  chill.ed  (CSW)  sea  water

1.  If RSW- or CSW-tanks or similar tank systems are used, such tanks shall be provided with a separate,

permanently  fitted  arrangement  for  the  filling  and  emptying  of  seawater.

2.  If  such  tanks  are  to  be  used  also  for  carrying  dry  cargo,  the  tanks  shall  be  arranged  with  a  bilge
system  and  provided  with  adequate  means  to  avoid  ingress  of  water  from  the  bilge  system  into  the
tanks.’

CHAPTER  III: 

STABILITY  AND  ASSOCIATED  SEAWORTHINESS

Regulation  9:  Inclining  test

Add  following  new  paragraph  4:

‘4.  The inclining test and determination of conditions required by Regulation III/9(1) shall be performed

at  least  every  10  years.’

CHAPTER  IV:  MACHINERY  AND  ELECTRICAL 

INSTALLATIONS  AND  PERIODICALLY

UNATTENDED  MACHINERY  SPACES

Regulation  13:  Steering  gear

Add  following  text  to  paragraph  10:

‘If this power source is electrical, the emergency source of electrical power shall be capable of serving the
auxiliary  means  for  activating  the  rudder  for  a  period  of  at  least  10  minutes.’

Regulation  16:  Main  source  of  electrical  power

Add  following  paragraph  3:

‘3.  Navigation  lights,  if  solely  electrical,  shall  be  supplied  through  their  own  separate  switchboard  and

adequate  means  for  the  monitoring  of  such  lights  shall  be  provided.’

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Regulation  17:  Emergency  source  of  electrical  power

Notwithstanding  paragraph  2,  for  vessels  of  a  length  of  45  metres  and  over,  the  emergency  source  of
electrical power shall be capable of serving the installations listed in that Regulation for a period of not less
than  eight  hours.

CHAPTER  V: 

FIRE  PROTECTION,  FIRE  DETECTION,  FIRE  EXTINCTION  AND  FIRE
FIGHTING

Regulation  22:  Fire-extinguishing  appliances  in  machinery  spaces

Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a
fixed  fire-extinguishing  arrangement.

Regulation  40:  Fire-extinguishing  appliances  in  machinery  spaces

Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a
fixed  fire-extinguishing  arrangement.

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ANNEX  V

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/existing (1)  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 97/70/EC setting up a harmonised 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 organisation recognised under the provisions of the Council Directive
94/57/EC)

Name  of  the  ship

Distinctive  numbers
or  letters

Port  of  registry

Length (2)

Date  of  building  or  major  conversion  contract (3): 

...............................................................

Date on which the keel was laid or ship was at a similar
stage  of  construction (3): 

...............................................................

Date  of  delivery  or  completion  of  major  conversion (3): 

...............................................................

(1)  Delete  as  appropriate  in  accordance  with  the  definitions  of  Article  2(2)  and  (3).
(2)  Length  as  defined  in  Article  2(6).
(3)  In  accordance  with  the  definitions  of  Article  2(2).

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(Reverse of certificate)

Initial  survey

THIS  IS  TO  CERTIFY:

1.  that  the  ship  has  been  surveyed  in  accordance  with  Regulation  I/6  (1)  (a)  of  the  Annex  to  the

Torremolinos  Protocol  of  1993;

2.  that  the  survey  showed  that:

1.  the  ship  fully  complies  with  the  requirements  of  Council  Directive  97/70/EC;  and

2.  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 (1)  been  issued.

This  certificate  is  valid  until  ..............................................................  subject  to  surveys  in  accord-
dance  with  Regulation  I/6  (1)  (b)  (ii)  and  (iii)  and  (c).

Issued  at

....................................................................................,  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  authorised  by  the  said  Member  State  to  issue  this
certificate.

..........................................................................................................
(Signature)

(1)  Delete  as  appropriate.

9.2.98

EN

Official  Journal  of  the  European  Communities

L  34/19

(Next page of certificate)

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

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

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

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  I/11  (2)  or  Regulation  I/11  (4)  applies

This  certificate  shall,  in  accordance  with  Regulation  I/11  (2)/Regulation  I/11  (4) (1),  be  accepted  as
valid  until  ..................................................................

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

Place:  ...............................................................................................................................................

Date:  ................................................................................................................................................

.....................................................................................................
(Seal  or  stamp  of  the  issuing  authority)

(1)  Delete  as  appropriate.

9.2.98

EN

Official  Journal  of  the  European  Communities

L  34/21

(Next page of certificate)

Endorsement  for  periodical  surveys

Equipment  survey

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

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

Place:  ...............................................................................................................................................

Date:  ................................................................................................................................................

.....................................................................................................
(Seal  or  stamp  of  the  issuing  authority)

Radio  surveys

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

First  periodical  radio  survey:

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

Place:  ...............................................................................................................................................

Date:  ................................................................................................................................................

.....................................................................................................
(Seal  or  stamp  of  the  issuing  authority)

L  34/22

EN

Official  Journal  of  the  European  Communities

9.2.98

(Next page of certificate)

Second  periodical  radio  survey:

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

Place:  ...............................................................................................................................................

Date:  ................................................................................................................................................

.....................................................................................................
(Seal  or  stamp  of  the  issuing  authority)

Third  periodical  radio  survey:

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

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 (1) (c), the vessel was found to
comply  with  the  relevant  requirements.

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

Place:  ...............................................................................................................................................

Date:  ................................................................................................................................................

.....................................................................................................
(Seal  or  stamp  of  the  issuing  authority)

9.2.98

EN

Official  Journal  of  the  European  Communities

L  34/23

EXEMPTION  CERTIFICATE

(Official  seal) 

(State)

for  a  new/existing (1)  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 97/70/EC setting up a harmonised 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 organisation recognised 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)

(1)  Delete  as  appropriate  in  accordance  with  the  definitions  of  Article  2(2)  and  (3).
(2)  Length  as  defined  in  Article  2(6).

L  34/24

EN

Official  Journal  of  the  European  Communities

9.2.98

(Reverse of certificate)

THIS  IS  TO  CERTIFY:

that  the  vessel  is,  under  the  authority  conferred  by  Regulation  ........................................................ ,
exempted  from  the  requirements  of  .....................................................................................................

................................................................................................................................................................

Conditions,  if  any,  on  which  the  exemption  certificate  is  granted:

................................................................................................................................................................

................................................................................................................................................................

This  Certificate  is  valid  until  ................................................................,  subject  to  the  certificate  of
compliance,  to  which  this  certificate  is  attached,  remaining  valid.

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  authorised  by  the  said  Member  State  to  issue  this
certificate.

..........................................................................................................
(Signature)

9.2.98

EN

Official  Journal  of  the  European  Communities

L  34/25

(Next page of certificate)

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

This  certificate  shall, 
................................................................ .

in  accordance  with  Regulation 

I/11  (1)  be  accepted  as  valid  until

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

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  I/11  (2)  or  Regulation  I/11  (4)  applies

This  certificate  shall,  in  accordance  with  Regulation  I/11  (2)/Regulation  I/11  (4) (1),  be  accepted  as
valid  until  .................................................................. .

Signed:  .............................................................................................................................................
(Signature  of  authorised  official  issuing  the  endorsement)

Place:  ...............................................................................................................................................

Date:  ................................................................................................................................................

.....................................................................................................
(Seal  or  stamp  of  the  issuing  authority)

(1)  Delete  as  appropriate.

9.2.98

EN

Official  Journal  of  the  European  Communities

L  34/27

(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  Council  Directive  97/70/EC  setting  up  a
harmonised  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 (1)

2.  Details of life-saving appliances:

1.  Total  number  of  persons  for  whom  life-

saving  appliances  are  provided

...................................................................................

Port  side

Starboard  side

2. 

Total  number  of  lifeboats

........................................

........................................

2.1.  Total  number  of  persons  accommoda-

ted  by  them

........................................

........................................

2.2.  Number  of  partially  enclosed  lifeboats

(Regulation  VII/18)

........................................

........................................

2.3.  Number  of  totally  enclosed  lifeboats

(Regulation  VII/19)

........................................

........................................

3. 

Number  of  rescue  boats

........................................

........................................

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

4. 

Liferafts

4.1.  Those  for  which  approved  launching

........................................

........................................

........................................

........................................

appliances  are  required

........................................

........................................

4.1.1.  Number  of  liferafts

........................................

........................................

4.1.2.  Number  of  persons  accommodated  by

them

........................................

........................................

4.2.  Those  for  which  approved  launching

appliances  are  not  required

........................................

........................................

4.2.1.  Number  of  liferafts

........................................

........................................

4.2.2.  Number  of  persons  accommodated  by

them

........................................

........................................

(1)  Length  as  defined  in  Article  2(6).

L  34/28

EN

Official  Journal  of  the  European  Communities

9.2.98

Port  side

Starboard  side

5. 

6. 

7. 

Number  of  lifebuoys

........................................

........................................

Number  of  lifejackets

........................................

........................................

Immersion suits

........................................

........................................

7.1.  Total  number

........................................

........................................

7.2.  Number  of  immersion  suits  complying

with  the  requirements  for  lifejackets

........................................

........................................

8. 

9. 

Number  of  thermal  protective  aids (1)

........................................

........................................

Radio  installations  used  in  life-saving
appliances

........................................

........................................

9.1.  Number  of  radar  transponders

........................................

........................................

9.2.  Number  of  two-way  VHF
radiotelephone  apparatus

........................................

........................................

(1)  Excluding  those  required  by  Regulation  VII/17  (8)  (xxi)  and  VII/20  (5)  (a)  (xxiv).

Item

Actual  provision

3.  Details of radio facilities

1. 

Primary systems

1.1.  VHF  radio  installation

1.1.1.  DSC  encoder

1.1.2.  DSC  watch  receiver

1.1.3.  Radiotelephony

1.2.  MF  radio  installation

1.2.1.  DSC  encoder

1.2.2.  DSC  watch  receiver

1.2.3.  Radiotelephony

1.3.  MF/HF  radio  installation

1.3.1.  DSC  encoder

1.3.2.  DSC  watch  receiver

1.3.3.  Radiotelephony

1.3.4.  Direct-printing  radiotelegraphy

1.4. 

Inmarsat  ship-earth  station

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

........................................

2. 

3. 

Secondary  means  of  alerting

........................................

Facilities  for  reception  of  maritime  safety  information

........................................

3.1.  Navtex  receiver

3.2.  EGC receiver

........................................

........................................

3.3.  HF  direct-printing  radiotelegraphy  receiver

........................................

9.2.98

EN

Official  Journal  of  the  European  Communities

L  34/29

Item

Actual  provision

........................................

........................................

........................................

........................................

........................................

4. 

Satellite  EPIRB

4.1.  Cospas-Sarsat

4.2. 

Inmarsat

VHF  EPIRB

Vessel’s  radar  transponder

5. 

6. 

7. 

8. 

Radiotelephone  distress  frequency  watch  receiver  2 182  kHz (1)

........................................

Device  for  generating  the  radiotelephone  alarm  signal  on  2 182
kHz (2)

........................................

(1)  Unless another date is determined by the Maritime Safety Committee of the Organisation, this item need not be

reproduced  on  the  record  attached  to  certificates  issued  after  1  February  1999.

(2)  This  item  need  not  be  reproduced  on  the  record  attached  to  certificates  issued  after  1  February  1999.

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)

on  ...............................................
(Date  of  issue)

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

If signed, the following paragraph is to be added:

The  undersigned  declares  that  he  is  duly  authorised  by  the  said  Member  State  to  issue  this
record.

...............................................................................
(Signature)