Proposal for a Directive of the European Parliament and of the Council amending the Directives on maritime safety and the prevention of pollution from ships
Date: 2000-09-15
Institutions: European Commission
Subjects: International Maritime Organisation, action programme, committee (EU), maritime safety, pollution from ships

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Official Journal of the European Communities

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Proposal for a Directive of the European Parliament and of the Council amending the Directives
on maritime safety and the prevention of pollution from ships

(2000/C 365 E/27)

(Text with EEA relevance)

COM(2000) 489 final (cid:16) 2000/0237(COD)

(Submitted by the Commission on 15 September 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

procedure described in Article 5 of Decision 1999/468/EC
for the purposes of implementing this legislation.

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

(4) The Directives in force in the field of maritime safety
to replace the

should therefore be amended in order
existing committees by the Committee on Safe Seas.

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

(5) These Directives should also be amended in order to apply
to them the amendment procedures laid down by Regu-
lation (EC) No . . ./2000 and the relevant provisions of that
Regulation designed to facilitate their adaptation to take
instruments
account of
applicable in the field of maritime safety,

international

changes

to the

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

HAVE ADOPTED THIS DIRECTIVE:

Whereas:

and,

in certain cases,

(1) The Directives in force in the field of maritime safety make
reference to the committee set up by Council Directive
93/75/EEC (1)
to an ad hoc
committee set up by the pertinent directive. The existing
directives provide that the committees thereby established
are governed by the rules of Council Decision 87/373/EEC
of 13 July 1987 laying down the procedures for
the
exercise of
conferred on the
Commission (2).

implementing powers

(2) Decision 87/373/EEC was replaced by Council Decision
1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the
Commission (3). As the measures necessary to implement
the Directives in force in the field of maritime safety are
measures of a general scope within the meaning of Article
2 of Decision 1999/468/EC, they should be adopted by the
regulatory procedure laid down in Article 5 of
the
Decision.

(3) Regulation (EC) No . . ./2000 of the European Parliament
and of the Council has set up a committee, the Committee
on Safe Seas, to centralise the tasks of the committees
established under the pertinent Community legislation on
maritime safety, and stipulates the use of the regulatory

Article 1

Objective

The objective of
this Directive is to amend the Council
Directives in force governing maritime safety, protection of
the marine environment and shipboard living and working
conditions:

(a) by making reference to the Committee on Safe Seas set up

by Regulation (EC) No . . ./2000;

(b) by facilitating their adaptation to take account of changes
to the international instruments applicable in the field of
maritime safety, prevention of pollution from ships and
shipboard living and working conditions,
in the manner
laid down by Regulation (EC) No . . ./2000.

Article 2

Amendment of Directive 93/75/EEC

Directive 93/75/EEC is amended as follows:

1. Article 2 is amended as follows:

(1) OJ L 247, 5.10.1993, p. 19. Last amended by Directive 98/74/EC (OJ

deleted,

(a) in points (e) and (i), the words >on 1 January 1998? are

L 276, 13.10.1998, p. 7).
(2) OJ L 197, 18.7.1987, p. 3.
(3) OJ L 184, 17.7.1999, p. 23.

(b) in point (f), the words >on 1 January 1997? are deleted,

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(c) in point (g), the words >on 10 July 1998? are deleted,

1. Article 4 is amended as follows:

(d) in point (h), the words >on 1 July 1998? are deleted,

(e) the following subparagraph is added:

(a) In points (p), (q) and (x), the words >as in force at the
time of the adoption of this Directive? are replaced by
the words >in force?.

codes,

convention,

>The
compendia and resolution
referred to in points (e), (f), (g), (h) and (i) of the first
subparagraph shall be understood without prejudice to
any measures taken in application of Article 4 of Regu-
lation (EC) No . . ./2000 of the European Parliament and
of the Council.?

2. Article 12 is replaced by the following:

>Article 12

(b) In points (r) and (v), the words >as in force at the time of
the adoption of this Directive? are replaced by the words
>in force?.

(c) Point (w) is replaced by the following:

>(w) Aro-ro passenger shipB: a passenger ship with ro-ro
cargo spaces or special category spaces as defined
in the SOLAS convention in force.?

The Commission shall be assisted by the Committee on Safe
Seas, in accordance with the procedure laid down in Article
3 of Regulation (EC) No . . ./2000.?

(d) In point (u), the words >all being applied as in force at
the time of the adoption of this Directive? are replaced
by the words >in force?.

Article 3

(e) The following subparagraph is added:

Amendment of Directive 94/57/EC

Council Directive 94/57/EC is amended as follows (1):

1. In Article 2(d), the words >at the date of adoption of this
Directive? are replaced by the words >without prejudice to
any measures taken in application of Article 4 of Regulation
(EC) No . . ./2000 of the European Parliament and of the
Council.?

2. In Article 7, the first sentence is replaced by the sentence
>The Commission shall be assisted by the Committee on Safe
Seas, in accordance with the procedure laid down in Article
3 of Regulation (EC) No . . ./2000.?

3. In Article 8(1), first indent, the words >to the international
codes? are replaced by the words >to the international
conventions, protocols and codes?.

compendia and regulation
>The
code,
conventions,
mentioned in points (p),
(w) and (x)
(v)
(q),
shall be understood without prejudice to any measures
taken in application of Article 4 of Regulation (EC) No
. . ./2000 of
the
Council.?

the European Parliament and of

(u),

(r),

2. Article 13 is replaced by the following:

>Article 13

The Commission shall be assisted by the Committee on
Safe Seas, in accordance with the procedure laid down
in Article 3 of Regulation (EC) No . . ./2000.?

Article 5

4. Article 13 is replaced by the following:

Amendment of Directive 95/21/EC

>Article 13

Council Directive 95/21/EC is amended as follows (3):

The regulatory procedure laid down in Article 3 of Regu-
lation (EC) No . . ./2000 shall apply to the matters covered
by Article 4(3) and (4), Article 5(1), Articles 8, 9 and 10 and
Article 14(2).?

Article 4

Amendment of Directive 94/58/EC

Council Directive 94/58/EC is amended as follows (2):

(1) OJ L 319, 12.12.1994, p. 20. Amended by Directive 97/58/EC (OJ L

274, 7.10.1997, p. 8).

1. Article 2 is amended as follows:

(a) In point (1), the words >on 1 July 1999? are replaced by
the words >without prejudice to any measures taken in
application of Article 4 of Regulation (EC) No . . ./2000
of the European Parliament and of the Council?.

(b) In point (2), the words >as it stands on 1 July 1999? are
replaced by the words >as it is in force, without prejudice
to any measures taken in application of Article 4 of
Regulation (EC) No . . ./2000?.

(2) OJ L 319, 12.12.1994, p. 28. Amended by Directive 98/35/EC (OJ L

(3) OJ L 157, 7.7.1995, p. 1. Last amended by Directive 1999/97/EC (OJ

172, 17.6.1998, p. 1).

L 331, 23.12.1999, p. 67).

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2. Article 18 is replaced by the following:

1. Article 2 is amended as follows:

>Article 18

Committee on Safe Seas

(a) In point (a), the words >on the date of adoption of this

Directive? are deleted.

The Commission shall be assisted by the Committee on Safe
Seas, in accordance with the procedure laid down in Article
3 of Regulation (EC) No . . ./2000.?

(b) In points (b) and (c), the words >as amended at the date
of adoption of this Directive? are replaced by the words
>in force?.

3. In Article 19, point (c) is deleted.

Article 6

Amendment of Directive 96/98/EC

Council Directive 96/98/EC is amended as follows (1):

1. Article 2 is amended as follows:

(a) In points (c), (d) and (n), the words >on 1 January 1999?

are deleted.

(b) The following subparagraph is added:

>The conventions and testing standards referred to in
(d) and (n) shall be understood without
points (c),
taken in application of
prejudice to any measures
the
Article 4 of Regulation (EC) No . . ./2000 of
European Parliament and of the Council.?

(c) In points (d) and (f), the words >as amended at the date
of adoption of this Directive? are replaced by the words
>in force?.

(d) The following subparagraph is added:

(c),

(b),

>The conventions and compendia referred to in points
(d) and (f) shall be understood without
(a),
taken in application of
prejudice to any measures
Article 4 of Regulation (EC) No . . ./2000 of
the
European Parliament and of the Council.?

2. In Article 6(1), points (b) and (c), 6(2), point (a)(i) and 6(3)
point (a), the words >as amended at the date of adoption of
this Directive? are deleted.

3. In Article 8, point (b) is replaced by the following:

2. Article 18 is replaced by the following:

>(b) Annex I may be amended in order to:

>Article 18

The Commission shall be assisted by the Committee on Safe
Seas, in accordance with the procedure laid down in Article
3 of Regulation (EC) No . . ./2000.?

(i) apply, for the purpose of this Directive, amendments

made to international conventions;

(ii) improve the technical specifications thereof, in the

light of experience.?

Article 7

Amendment of Directive 97/70/EC

4. Article 9 is replaced by the following:

Article 9 of Council Directive 97/70/EC is replaced by the
following (2):

>Article 9

>Article 9

Committee on Safe Seas

The Commission shall be assisted by the Committee on
Safe Seas, in accordance with the procedure laid down in
Article 3 of Regulation (EC) No . . ./2000 of the European
Parliament and of the Council.?

Article 8

Amendment of Directive 98/18/EC

Council Directive 98/18/EC is amended as follows (3):

(1) OJ L 46, 17.2.1997, p. 25. Amended by Directive 98/85/EC (OJ L

315, 11.11.1998, p. 14).

(2) OJ L 34, 9.2.1998, p. 1. Amended by Directive 1999/19/EC (OJ L

83, 27.3.1999, p. 48).
(3) OJ L 144, 15.5.1998, p. 1.

Committee on Safe Seas

The Commission shall be assisted by the Committee on Safe
Seas, in accordance with the procedure laid down in Article
3 of Regulation (EC) No . . ./2000.?

Article 9

Amendment of Directive 98/41/EC

Council Directive 98/41/EC is amended as follows (4):

1. In Article 2, third indent, the words >as in force at the time
of the adoption of this Directive? are replaced by the words
taken in
>in force, without prejudice to any measures
application of Article 4 of Regulation (EC) No . . ./2000 of
the European Parliament and of the Council.?

(4) OJ L 188, 2.7.1998, p. 35.

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2. Article 13 is replaced by the following:

2. Article 16 is replaced by the following:

>Article 13

The Commission shall be assisted by the Committee on Safe
Seas, in accordance with the procedure laid down in Article
3 of Regulation (EC) No . . ./2000.?

>Article 16

Committee on Safe Seas

The Commission shall be assisted by the Committee on Safe
Seas, in accordance with the procedure laid down in Article
3 of Regulation (EC) No . . ./2000.?

Article 10

Amendment of Directive 1999/35/EC

Council Directive 1999/35/EC is amended as follows (1):

1. Article 2 is amended as follows:

(a) In points (b) and (o), the words >as amended on the date
of the adoption of this Directive? are replaced by the
words >in force?.

(b) In point (d), the words >on the date of adoption of this

Directive? are deleted.

(c) In point (e), the words >as amended on the date of the
adoption of this Directive? are replaced by the words >in
force?.

(d) The following subparagraph is added:

>The conventions and compendia referred to in points
(b), (d), (e) and (o) shall be understood without prejudice
to any measures taken in application of Article 4 of
Regulation (EC) No . . ./2000 of the European Parliament
and of the Council.?.

Article 11

Application

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive no later than . . . 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
their official publication. The
reference on the occasion of
methods of making such reference shall be laid down by the
Member States.

2.
The Member States shall notify to the Commission the
text of the main provisions of domestic law which they adopt
in the field governed by this Directive.

Article 12

Entry into force

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

Article 13

Addressees

This Directive is addressed to the Member States.

(1) OJ L 138, 1.6.1999, p. 1.