Commission Directive 98/74/EC of 1 October 1998 amending Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (Text with EEA relevance)
Date: 1998-10-01
Institutions: European Commission
Subjects: International Maritime Organisation, harbour installation, maritime transport, pollution from ships, transport of dangerous goods

13. 10. 98

EN

Official Journal of the European Communities

L 276/7

COMMISSION DIRECTIVE 98/74/EC

of 1 October 1998

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 93/75/EEC of 13
September 1993 concerning minimum requirements for
vessels bound for or
leaving Community ports and
carrying dangerous or polluting goods (1), as last amended
by Directive 98/55/EC (2), and in particular Article 11
thereof,

for

the purposes of Directive 93/75/EEC,
Whereas,
Article 2(e),
(g) and (h) thereof specify that the Marpol
Convention and the IBC and IGC Codes are those in
force on 1 January 1996;

Whereas since that date amendements have been made to
the Marpol Convention and to the IBC and IGC Codes
within the framework of the International Maritime Orga-
nisation (IMO);

Whereas the amendments to the Marpol Convention
adopted with Resolution MEPC.68(38) entered into force
on 1 January 1998; whereas the amendements to the IBC
Code adopted by Resolution MEPC.69(39), MSC.50(66),
and MSC.58(67) and to the IGC Code via Resolution
MSC.32(63) and MSC.59(67) entered into force on 1 July
1998; whereas the amendments made to the IBC Code by
Resolution MEPC.73(39) entered into force on 10 July
1998;

Whereas IMO Resolution A.648(16) specifying general
principles for ship reporting has been superseded by
Resolution A.851(20) adopted by the Assembly of the
IMO on the 27 November 1997;

Whereas it is appropriate to apply these amendments for
the purposes of the Directive;

Article 1

Directive 93/75/EEC is amended as follows:

1. the expression ‘in force on 1 January 1996' in Article
2(e) shall be replaced by ‘in force on 1 January 1998';

2. the expression ‘in force on 1 January 1996' in Article
2(g) shall be replaced by ‘in force on 10 July 1998';

3. the expression ‘in force on 1 January 1996' in Article
2(h) shall be replaced by ‘in force on 1 July 1998';

4. Article 2(j) is replaced by the following:

‘(j) “IMO Resolution A.851(20)” means

the Inter-
national Maritime Organisation Resolution 851(20)
adopted by the Assembly at its 20th session on 27
November 1997 and entitled “General principles
ship reporting systems and ship reporting
for
including guidelines for reporting
requirements,
incidents
involving dangerous goods, harmful
substances and/or marine pollutants”';

5. in Article 6(2),

the expression ‘IMO Resolution
A.648(16)' is replaced by the expression ‘IMO Resolu-
tion A.851(20)'.

Article 2

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with this Directive not later than 12 months following the
date of its entry into force and forthwith inform the
Commission thereof.

Whereas the provisions of this Directive are in line with
the opinion of the Committee referred to in Article 12 of
Directive 93/75/EEC;

(1) OJ L 247, 5. 10. 1993, p. 19.
(2) OJ L 215, 1. 8. 1998, p. 65.

When these provisions are adopted by Member States,
they shall contain a reference to this Directive or shall be
accompanied by such a reference at the time of their
official publication. The procedure for making such a
reference shall be laid down by Member States.

L 276/8

EN

Official Journal of the European Communities

13. 10. 98

2. Member States shall communicate to the Commis-
sion the provisions of national law which they adopt in
the field covered by this Directive.

Article 4

This Directive is addressed to the Member States.

Article 3

Done at Brussels, 1 October 1998.

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

For the Commission

Neil KINNOCK

Member of the Commission