Amended proposal for a Directive of the European Parliament and of the Council establishing requirements and harmonised procedures for the safe loading and unloading of bulk carriers (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2001-03-20
Institutions: European Commission
Subjects: approximation of laws, cargo vessel, carriage of goods, load, maritime safety

26.6.2001

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C 180 E/273

Amended proposal for a Directive of the European Parliament and of the Council establishing
requirements and harmonised procedures for the safe loading and unloading of bulk carriers (1)

(2001/C 180 E/26)

(Text with EEA relevance)

COM(2001) 158 final (cid:151) 2000/0121(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 20 March 2001)

(1) OJ C 311 E, 31.10.2000, p. 240.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

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,

Deleted

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

Unchanged

Whereas:

(1) In view of

the high number of

shipping accidents
involving bulk carriers with an associated loss of human
lives, further measures should be taken to enhance safety
in maritime transport within the framework of
the
common transport policy.

that

loading and unloading of

(2) Assessments into the causes of bulk carrier casualties
indicate
solid bulk
cargoes, if not properly conducted, can contribute to the
loss of bulk carriers, either by over-stressing the ship’s
structure or by mechanically damaging its
structural
members in the cargo holds; the protection of the safety
of bulk carriers can be enhanced through the adoption of
measures aimed at reducing the risk of structural damage
loading and unloading
and losses due to improper
operations.

(3) At international level, the International Maritime Organi-
sation (the (cid:145)IMO(cid:146)),
through a number of Assembly
Resolutions, has adopted recommendations on the safety
of bulk carriers addressing ship/port interface issues in
general
in
particular.

and unloading operations

and loading

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) By Assembly Resolution A.862(20), the IMO adopted a
Code of practice for the safe loading and unloading of
(cid:145)the BLU Code(cid:146)), and urged
bulk carriers (hereinafter
contracting governments to implement this Code at the
earliest possible opportunity and to inform IMO of any
non-compliance. In the Resolution, the IMO further urged
contracting governments in whose territories solid bulk
cargo loading and unloading terminals are situated to
introduce laws to the effect that a number of key prin-
ciples necessary for the implementation of
this Code
could be enforced.

(5) The impact of loading and unloading operations on bulk
carrier safety, in view of the global character of dry bulk
carrier trade, has transboundary implications. The devel-
the foundering of bulk
opment of action to prevent
unloading
due
to
carriers
loading
practices
since
is best done
Member States in isolation cannot
take adequate and
effective action.

at Community level,

improper

and

(6) Action at Community level is the most effective way of
establishing harmonised requirements and procedures to
implement the IMO recommendations laid down in the
Assembly Resolution A.862(20) and the Code of practice
for the safe loading and unloading of bulk carriers.

it provides a framework for

(7) In view of the subsidiarity principle set out in Article 5 of
the Treaty, a Directive is the appropriate legal instrument
as
the Member States’
uniform and compulsory application of the requirements
and procedures for the safe loading and unloading of bulk
carriers, while leaving each Member State the right to
decide which implementation tools best fit its internal
In accordance with the principle of propor-
system.
tionality,
is
this Directive does not go beyond what
necessary for the objectives pursued.

can be

enhanced by reducing the

(8) The protection of the safety of bulk carriers and their
risks of
crews
loading and unloading at dry bulk cargo
improper
terminals;
implemented by establishing
this
harmonised procedures for cooperation and communi-
cation between ship and terminal and by laying down
suitability requirements for ships and terminals.

can be

competition,

(9) In the interests of enhancing bulk carrier safety and
the harmonised
avoiding distortion of
procedures and suitability criteria should apply to all
bulk carriers, irrespective of the flag they fly, and to all
terminals in the Community at which such carriers call
for
loading or unloading solid bulk
cargoes.

the purpose of

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INITIAL PROPOSAL

AMENDED PROPOSAL

(10) Bulk carriers calling at

terminals for

the loading or
unloading of solid bulk cargoes should be suitable for
that purpose. Terminals should verify that visiting bulk
carriers comply with the relevant suitability criteria laid
down in the BLU Code.

(11) Terminals

should also be suitable for

receiving and
loading or unloading visiting bulk carriers;
that
for
purpose they should comply with the suitability criteria
of
the BLU Code relating to berthing facilities, cargo-
handling and weighing equipment, training and working
patterns of terminal personnel.

(12) Terminals should, in the interests of enhancing the coop-
eration and communication with the ship’s master on
matters relating to the loading and unloading of solid
bulk cargoes, appoint a terminal
representative and
make information books with the terminal’s and port’s
requirements available to the masters in accordance with
the provisions of the BLU Code.

the

and

cooperation

(13) The development, implementation and maintenance of a
system by the terminals would
quality management
ensure
communication
that
procedures and the actual loading and unloading by the
terminal are planned and executed in accordance within a
harmonised framework that is internationally recognised
and auditable. In view of its international recognition, the
quality management system should be based upon the ISO
9000 series of standards adopted by the International
Standardisation Organisation.

the

and

cooperation

(13) The development, implementation and maintenance of a
system by the terminals would
quality management
ensure
communication
that
procedures and the actual loading and unloading by the
terminal are planned and executed in accordance within a
harmonised framework that is internationally recognised
and auditable. In view of its international recognition, the
quality management system should be based upon the ISO
9000 series of standards adopted by the International
Standardisation Organisation. To allow new terminals
built after the date of application of the Directive time
to achieve the relevant certification,
it is important to
ensure that interim certification is available for a limited
period of
the
intention to implement the specific quality management
system.

time, provided that

there is proof of

Unchanged

(14) For the purpose of ensuring that loading and unloading
operations are carefully prepared, agreed and conducted
with a view to avoid endangering the structural integrity
of the ship, the responsibilities of the master and the
terminal representative should be laid down in accordance
with the relevant provisions of the SOLAS Convention,
IMO Assembly Resolution A.862(20) and the BLU Code.
For the same purpose, procedures for the preparation,
unloading
agreement
operations should be laid down on the basis of
the
provisions of those international instruments.

conduct of

loading or

and

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INITIAL PROPOSAL

AMENDED PROPOSAL

(15) In the general interests of the Community in deflecting
sub-standard shipping from its ports, the responsibility of
the terminal representative should include a duty to notify
port State control authorities of any apparent deficiency
on board a bulk carrier that could prejudice the safety of
the loading or unloading operations.

(16) It

is necessary that

the competent authorities of
to prevent or halt

the
the
Member States have the right
loading or unloading operations ship or crew safety is
reported to be endangered by these operations. The auth-
orities should also intervene in the interests of safety in
the event of disagreement between the master and the
these
terminal representative as to the application of
procedures.

(15) In the general interests of the Community in deflecting
sub-standard shipping from its ports, the responsibility of
the terminal representative should include a duty to notify
port State control authorities and the master of any
apparent deficiency on board a bulk carrier that could
prejudice
loading or unloading
operations.

safety of

the

the

(16) It

is necessary that

the
the competent authorities of
the
Member States be required to prevent or halt
loading or unloading operations if there are clear indi-
cations that the ship or crew safety is endangered by
these operations. The authorities should also intervene
in the interests of safety in the event of disagreement
between the master and the terminal representative as
to the application of these procedures.
It is important
the competent authority should not have any
that
commercial
interest in the bulk loading and unloading
terminal in that port. Member States should be able to
empower the port State control authorities to implement
the control provisions of this Directive.

(17) It is necessary to lay down procedures whereby damage to
ships incurred during loading or unloading operations is
reported and repaired if necessary. Where such damage
could impair the safety or seaworthiness of the ship, the
decision as to the necessity and urgency of repairs should
be taken by the port State control authorities in consul-
tation with the administration of the flag State. In view of
the technical expertise necessary to take such a decision,
to call upon a
the authorities should have the right
recognised organisation to inspect
the damage and to
advise them on any need for repairs.

(17) It is necessary to lay down procedures whereby damage to
ships incurred during loading or unloading operations is
reported to the appropriate bodies, such as the classifi-
cation societies, and repaired if necessary. Where such
damage could impair the safety or seaworthiness of the
ship,
the decision as to the necessity and urgency of
repairs should be taken by the port State control auth-
orities in consultation with the administration of the flag
State and the master. In view of the technical expertise
necessary to take such a decision, the authorities should
have the right to call upon a recognised organisation to
inspect the damage and to advise them on any need for
repairs.

including

(18) Enforcement of this Directive should be enhanced by the
establishment of a surveillance system in the Member
States,
during
unannounced
loading and unloading operations: reporting the results
of this monitoring effort will provide valuable information
on the effectiveness of the requirements and harmonised
procedures laid down in this Directive.

inspections

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

authorities

to submit

(19) The IMO in its Assembly Resolution A.797(19) on the
safety of ships carrying solid bulk cargoes requested
confirmation that
port State
loading and unloading terminals for solid bulk cargoes
comply with the IMO Codes and recommendations on
ship/shore cooperation. Notification of the adoption of
this Directive to the IMO will provide an appropriate
response to this request and a clear signal to the inter-
national maritime community that
the Community is
committed to supporting the efforts undertaken at inter-
national level to enhance the safe loading and unloading
of bulk carriers.

(20) Since the measures necessary for the implementation of
this Directive are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (1),
they should be adopted by use of
regulatory
procedure provided for in Article 5 of that Decision.

the

(21) It should be possible to amend certain provisions of this
Directive in accordance with that procedure, so as to
bring them into line with international and Community
instruments adopted, amended or entering into force after
the entry into force of
the
this Directive and for
implementation of
the procedures laid down in this
Directive, without broadening its scope.

(22) The provisions of Council Directive 89/391/EEC of 12
to
June 1989 on the
encourage improvements in the safety and health of
workers at work (2) and its relevant individual directives
are fully applicable to the work relating to the loading and
unloading of bulk carriers,

introduction of measures

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to enhance the safety of bulk
carriers calling at terminals in the Community in order to load
or unload solid bulk cargoes, by reducing the risks of excessive
stresses and physical damage to the ship’s structure during
loading or unloading, through the establishment of:

1. suitability requirements for those ships and terminals, and

___________
(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 183, 29.6.1989, p. 1.

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INITIAL PROPOSAL

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2. harmonised procedures for cooperation and communication

between those ships and terminals.

Article 2

Scope

This Directive shall apply to:

1. all bulk carriers,

irrespective of

for
terminal
cargoes; and

the loading or unloading of

their flag, calling at a
solid bulk

2. all terminals within the territory of the Member States.

Article 3

Definitions

For the purpose of this Directive:

1.

shall mean the conventions
(cid:145)international conventions(cid:146)
currently in force, as defined in Article 2(1) of Council
Directive 95/21/EC (1);

2.

(cid:145)1974 SOLAS Convention(cid:146) shall mean the International
Convention for the Safety Of Life At Sea, together with
the Protocols and amendments thereto, in force;

3.

(cid:145)BLU Code(cid:146) shall mean the Code of Practice for the Safe
Loading and Unloading of Bulk Carriers, as contained in
the Annex to IMO Assembly Resolution A.862(20) of 27
November 1997, as amended;

4.

(cid:145)bulk carrier(cid:146) shall bear the meaning given to it in Regu-
lation IX/1.6 of the 1974 SOLAS Convention and inter-
preted by Resolution 6 of the 1997 SOLAS Conference,
namely:

(cid:151) a ship constructed with single deck, top-side tanks and
in cargo spaces and intended

hopper-side tanks
primarily to carry dry cargo in bulk; or

(cid:151) an ore carrier, meaning a sea-going single deck ship
having two longitudinal bulkheads and a double
bottom throughout
the cargo region and intended
for the carriage of ore cargoes in the centre holds
only; or

(cid:151) a

combination carrier

as defined in Regulation

II-2/3.27 of the 1974 SOLAS Convention;

___________
(1) OJ L 157, 7.7.1995, p. 1.

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INITIAL PROPOSAL

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5.

(cid:145)dry cargo in bulk(cid:146) or (cid:145)or solid bulk cargo(cid:146) shall mean solid
bulk cargo as defined in Regulation XII/1.4 of the 1974
SOLAS Convention, excluding grain;

6.

(cid:145)grain(cid:146) shall bear the meaning given to it in Regulation
VI/8.2 of the 1974 SOLAS Convention;

7.

(cid:145)terminal(cid:146) shall mean any fixed, floating or mobile facility
equipped and used for the loading or unloading of dry
cargo in bulk into or from bulk carriers;

8.

(cid:145)terminal operator(cid:146) shall mean the owner of a terminal, or
any organisation or person having taken over from the
owner the responsibility for operating the terminal;

9.

(cid:145)terminal representative(cid:146) shall mean a person appointed by
the terminal operator, who has the overall responsibility
the loading or unloading
for and authority to control
operations conducted by the terminal
for a particular
bulk carrier;

9.

(cid:145)terminal representative(cid:146) shall mean any person appointed
by the terminal operator, who has the overall responsibility
for and authority to control the preparation, the conduct
and the completion of the loading or unloading operations
conducted by the terminal operator for a particular bulk
carrier;

10.

(cid:145)master(cid:146) shall mean the person who has command over a
bulk carrier or a ship’s officer designated by the master for
the loading or unloading operations;

Unchanged

11.

(cid:145)recognised organisation(cid:146)
shall mean an organisation
recognised in accordance with Article 4 of Council
Directive 94/57/EC (1);

12.

(cid:145)administration of the flag State(cid:146) shall mean the competent
authorities of
the State whose flag the bulk carrier is
entitled to fly;

13.

(cid:145)port State control authority(cid:146) shall mean the competent
authority of a Member State empowered to exercise the
control provisions of Directive 95/21/EC;

14.

(cid:145)competent authority(cid:146) shall mean a national, regional or
local public authority in the Member State empowered
by national
legislation to implement and enforce the
requirements of this Directive;

15.

(cid:145)cargo information(cid:146)
required by Regulation VI/2 of
Convention;

shall mean the cargo information
the 1974 SOLAS

16.

(cid:145)loading or unloading plan(cid:146) shall mean a plan as referred to
in Regulation VI/7.3 of the 1974 SOLAS Convention and
having the format as contained in Appendix 2 of the BLU
Code;

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

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INITIAL PROPOSAL

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17.

(cid:145)ship/shore safety checklist(cid:146) shall mean the checklist as
referred to in section 4 of the BLU Code and having the
format as contained in Appendix 3 of the BLU Code;

18.

(cid:145)solid bulk cargo density declaration(cid:146)
shall mean the
information on the density of the cargo to be provided
the 1974
in compliance with Regulation XII/10 of
SOLAS Convention.

Article 4

Requirements in relation to the suitability of bulk carriers

Member States shall make the necessary arrangements to
ensure that terminal operators verify the suitability of bulk
carriers for loading or unloading of solid bulk cargoes, by
checking compliance with the provisions of Annex I.

Article 5

Requirements in relation to the suitability of terminals

Member States shall ensure that terminals:

1. comply with the provisions of Annex II;

2. have an appointed terminal representative for each bulk
carrier calling at the terminal for the loading or unloading
of solid bulk cargoes;

2. have appointed terminal representative(s)

for each bulk
carrier calling at the terminal for the loading or unloading
of solid bulk cargoes;

3. have

books

prepared

containing

information

the
requirements of the terminal and the competent authorities
and the information on the port and terminal as listed in
Appendix I of the BLU Code, and that they make these
to the masters of bulk
information books
carriers calling at the terminal for loading or unloading
solid bulk cargoes; and

available

Unchanged

4. have developed,

implemented and maintain a quality
management system, certified in accordance with the ISO
9001:2000 standards and audited in accordance with the
guidelines of the ISO 10011:1991 standard.

4. have developed,

implemented and maintain a quality
management system, certified in accordance with the ISO
9001:2000 standards and audited in accordance with the
guidelines of
the ISO 10011:1991 standard. An interim
certificate, valid for no more than 12 months, may be
issued for newly established terminals. The terminal must
however demonstrate its plan to implement a Quality
Management
ISO
9001:2000 standard.

accordance with

System in

the

Article 6

Unchanged

Responsibilities of masters and terminal representatives

Member States shall make the necessary arrangements to
ensure that the following principles concerning the responsi-
bilities of masters and terminal representatives are respected
and applied:

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INITIAL PROPOSAL

AMENDED PROPOSAL

1. Responsibilities of the master:

(a)

(b)

(c)

The master shall be responsible at all times for the safe
loading and unloading of the bulk carrier under his
command.

(a)

The master shall be responsible at all times for the safe
loading and unloading of
the bulk carrier under
his/her command.

shall, well

The master
the ship’s
estimated time of arrival at the terminal, provide the
terminal with the information set out in Annex III.

in advance of

Unchanged

Before any solid bulk cargo is loaded, the master shall
ensure that he has received the cargo information
the 1974 SOLAS
required by Regulation VI/7.2 of
Convention, and where required, a solid bulk cargo
density
be
contained in a cargo declaration form as set out in
Appendix 5 of the BLU Code.

information

declaration.

shall

This

(c)

Before any solid bulk cargo is loaded, the master shall
ensure that (s)he has received the cargo information
the 1974 SOLAS
required by Regulation VI/7.2 of
Convention, and where required, a solid bulk cargo
density
be
contained in a cargo declaration form as set out in
Appendix 5 of the BLU Code.

information

declaration.

shall

This

(d)

Prior to the start of and during loading or unloading
the master shall discharge the responsibilities listed in
Annex IV.

Unchanged

2. Responsibilities of the terminal representative:

(a) Upon receipt of the ship’s initial notification of its
estimated time of arrival, the terminal representative
shall provide
information
mentioned in Annex V.

the master with the

(b)

(c)

The terminal representative shall be satisfied that the
master has been advised as early as possible of the
information contained in the cargo declaration form.

The terminal representative shall without delay notify
the port State control authority of apparent defi-
ciencies on board a bulk carrier which could
endanger the safe loading or unloading of solid bulk
cargoes.

(c)

The terminal representative shall without delay notify
the port State control authority and the master of
apparent deficiencies on board a bulk carrier which
could endanger
the safe loading or unloading of
solid bulk cargoes.

(d)

Prior to the start of and during loading or unloading,
the terminal representative shall discharge the respon-
sibilities listed in Annex VI.

Unchanged

Article 7

Procedures between bulk carriers and terminals

Member States shall ensure that the following procedures are
applied in respect of the loading or unloading of bulk carriers
with solid bulk cargoes:

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INITIAL PROPOSAL

AMENDED PROPOSAL

1. Before solid bulk cargoes are loaded or unloaded, the master
shall agree with the terminal representative on the loading
or unloading plan in accordance with the provisions of
Regulation VI/7.3 of
the 1974 SOLAS Convention. The
loading or unloading plan shall be prepared in the form
laid down in Appendix II of
the BLU Code, and the
master and the terminal representative shall confirm their
agreement to the plan by signing it. Any change to the plan
shall be prepared, accepted and agreed by both parties in
the form of a revised plan. The agreed loading or unloading
plan and any subsequent agreed revisions shall be kept by
the ship and the terminal for a period of six months and a
copy of it shall be lodged with the competent authority.

1. Before solid bulk cargoes are loaded or unloaded, the master
shall agree with the terminal representative on the loading
or unloading plan in accordance with the provisions of
Regulation VI/7.3 of
the 1974 SOLAS Convention. The
loading or unloading plan shall be prepared in the form
laid down in Appendix II of
the BLU Code, and the
master and the terminal representative shall confirm their
agreement to the plan by signing it. Any change to the plan,
which according to either party may affect the safety of the
vessel or crew, shall be prepared, accepted and agreed by
both parties in the form of a revised plan. The agreed
loading or unloading plan and any subsequent agreed
revisions shall be kept by the ship and the terminal for a
period of six months and a copy of it shall be lodged with
the competent authority.

2. Before loading or unloading is commenced the ship/shore
safety checklist shall be completed and signed jointly by the
master and the terminal representative in accordance with
the guidelines of Appendix IV of the BLU Code.

Unchanged

3. An effective communication between the ship and the
terminal shall be established and maintained at all times,
capable of responding to requests for information on the
loading or unloading process and to ensure prompt
compliance should the master or the terminal representative
order the loading or unloading operations to be suspended.

4. The master and the terminal representative shall conduct
the loading or unloading operations in accordance with
the agreed plan. The terminal
representative shall be
responsible for the loading or unloading of the solid bulk
cargo in accordance with the hold order, quantity and rate
of loading or unloading stated on that plan. He shall not
from the agreed loading or unloading plan,
deviate
otherwise
and written
than
agreement with the master.

consultation

prior

by

4. The master and the terminal representative shall conduct
the loading or unloading operations in accordance with
the agreed plan. The terminal
representative shall be
responsible for the loading or unloading of the solid bulk
cargo in accordance with the hold order, quantity and rate
of loading or unloading stated on that plan. The terminal
representative shall not deviate from the agreed loading or
unloading plan, otherwise than by prior consultation and
written agreement with the master.

5. On completion of the loading or unloading, the master and
the terminal representative shall agree in writing that the
loading or unloading has been done in accordance with the
loading or unloading plan, including any agreed variations.
In the case of unloading, such agreement shall
include a
record that
the cargo holds have been emptied and
cleaned to the master’s requirements, as well as recording
any damage suffered by the ship and any repairs carried out.

Unchanged

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Article 8

Role of the competent authorities

AMENDED PROPOSAL

1. Member States shall ensure that, without prejudice to the
rights and obligations of the master provided under Regulation
VI/7.7 of the 1974 SOLAS Convention, their competent auth-
orities have the right
the loading or
unloading of solid bulk cargoes whenever the safety of the
ship is reported to be endangered thereby.

to prevent or halt

1. Member States shall ensure that, without prejudice to the
rights and obligations of the master provided under Regulation
VI/7.7 of the 1974 SOLAS Convention, their competent auth-
orities are required to prevent or halt the loading or unloading
of solid bulk cargoes if there are clear indications that the
safety of the ship or crew is endangered thereby.

2.
In case of disagreement between the master and the
terminal representative as to the application of the procedures
the competent authority shall
provided for
intervene where this is required in the interests of safety
and/or the marine environment.

in Article 7,

Unchanged

Article 9

Repair of damage incurred during loading or unloading

If damage to the ship’s structure or equipment occurs
1.
during loading or unloading,
it shall be reported by the
terminal representative to the master and, if necessary, repaired.

If damage to the ship’s structure or equipment occurs
1.
it shall be reported by the
during loading or unloading,
terminal
if necessary,
repaired. Such damage shall also be reported to the relevant
classification society.

to the master and,

representative

the administration of

If the damage could impair the structural capability or
2.
watertight integrity of the hull, or the ship’s essential engin-
eering systems,
the flag State, or an
organisation recognised by it and acting on its behalf, and
the port State control authority shall be informed in order
that it may decide whether immediate repair is necessary or
whether it can be deferred. The decision shall be taken by the
port State control authority due account being taken of the
opinion of the administration of the flag State, or the organi-
sation recognised by it and acting on its behalf.

the administration of

If the damage could impair the structural capability or
2.
watertight integrity of the hull, or the ship’s essential engin-
eering systems,
the flag State, or an
organisation recognised by it and acting on its behalf, and
the port State control authority shall be informed. The
decision as to whether immediate repair is necessary, shall be
taken by the port State control authority, which shall take into
account the opinion, if any, of the administration of the flag
State, or the organisation recognised by it and acting on its
behalf, and the opinion expressed by the master. Where
immediate repair is considered necessary, it should be carried
out to the satisfaction of the master before the ship leaves the
port.

3.
For the purpose of taking the decision referred to in
paragraph 2, a port State control authority may rely upon a
recognised organisation to undertake the inspection of
the
damage and to advise on the necessity of carrying-out repairs
or their deferral.

Unchanged

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Article 10

Verification and reporting

AMENDED PROPOSAL

1. Member States shall regularly verify that terminals are
complying with the requirements of Articles 5, point (1), 6
point (2) and 7. Verification shall include the carrying-out of
unannounced
unloading
operations.

inspections

loading

during

or

1. Member States shall regularly verify that terminals are
complying with the requirements of Articles 5, point (1) and
point (4), 6 point (2) and 7. The procedure shall entail unan-
nounced inspections during loading or unloading operations.

2. Member States shall provide the Commission every two
years with a report on the results of such verification. The
report shall also provide an assessment of the effectiveness of
the harmonised procedures for cooperation and communi-
cation between bulk carriers and terminals as provided for in
this Directive. The report shall be provided at the latest by 30
April of
the year following the two years upon which it
reports.

Unchanged

3.
The Commission shall submit an evaluation report on the
implementation and application of the system as provided for
in this Directive to the European Parliament and the Council,
on the basis of the reports of the Member States provided for
in paragraph 2. The report shall also assess whether it
is
necessary to continue the reporting by the Member States
referred to in paragraph 2.

Article 11

Unchanged

Notification to the IMO

The Presidency of the European Parliament, the Council and
the Commission shall jointly inform the IMO of the adoption
of this Directive, whereby reference shall be made to paragraph
the Annex to IMO Resolution A.797(19) of 23
1.7 of
November 1995 concerning the Safety of Ships Carrying
Solid Bulk Cargoes.

Article 12

Committee procedure

The Commission shall be assisted by the committee

1.
instituted by Article 12(1) of Directive 93/75/EEC (1).

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply,
in compliance with Article 7(3) and Article 8
thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

___________
(1) OJ L 247, 5.10.1993, p. 19.

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INITIAL PROPOSAL

Article 13

Amendment procedure

AMENDED PROPOSAL

to

the

The

references

definitions,

1.
international
conventions and codes and to IMO Resolutions and Circulars,
the references to ISO standards, the references to Community
instruments, and the Annexes, may be amended in accordance
with the procedure referred to in Article 12, in order to bring
them into line with international and Community instruments
which have been adopted, amended or brought into force after
the adoption of this Directive, provided that the scope of this
Directive is not thereby broadened.

2.
In accordance with the procedure referred to in Article
12, provisions may be adopted and incorporated in Article 7
and the Annexes for the implementation of the procedures laid
down in this Directive, provided that such provisions do not
broaden the scope of this Directive.

Article 14

Penalties

to infringements of

The Member States shall
lay down the rules on penalties
the national provisions
applicable
adopted pursuant to this Directive and shall take all measures
necessary to ensure that they are implemented. The penalties
provided for must be effective, proportionate and dissuasive.
The Member States
to the
Commission by the date specified in the first subparagraph
of Article 15(1) at the latest and shall notify it without delay
of any subsequent amendment affecting them.

shall notify those provisions

Article 15

Implementation and application

1. Member States shall adopt and publish, not later than [18
months after its entry into force], the provisions necessary to
comply with this Directive. They shall forthwith inform the
Commission thereof.

1. Member States shall adopt and publish, not later than 18
months after its entry into force, the provisions necessary to
comply with this Directive. They shall forthwith inform the
Commission thereof.

They shall apply those provisions with effect from 1 January
2003.

They shall apply those provisions with effect from the first day
of the 25th month after the entry into force of the Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Member States
provisions of domestic law which they adopt
governed by this Directive.

shall notify to the Commission the
in the field

Article 16

Entry into force

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

Article 17

Addressees

This Directive is addressed to the Member States.

ANNEX I

VERIFICATION OF THE SUITABILITY OF BULK CARRIERS FOR LOADING AND UNLOADING SOLID BULK
CARGOES

(as referred to in Article 4)

Bulk carriers calling at terminals in the Member States for the loading or unloading of solid bulk cargoes shall be
checked on compliance with the following suitability requirements:

1. They shall be provided with cargo holds and hatch openings of sufficient size and such a design to enable the solid

bulk cargo to be loaded, stowed, trimmed and unloaded satisfactorily.

2. They shall be provided with the cargo hold hatch identification numbers as used in the loading or unloading plan.
The location, size and colour of these numbers shall be clearly visible to and identifiable by the operator of the
terminal loading or unloading equipment.

3. Their cargo hold hatches, hatch operating systems and safety devices shall be in good functional order and used only

for their intended purpose.

4. List indicating lights, if fitted, shall be tested prior to loading or unloading and proved to be operational.

5. If required to have an approved loading instrument on board, this instrument shall be certified and operational to

carry out stress calculations during loading and unloading.

6. If fitted with own cargo-handling equipment on board, such equipment shall be certified and maintained, and used

only under the general supervision of suitably qualified ship’s crew.

7. All propulsion and auxiliary machinery shall be in good functional order.

8. Deck equipment related to mooring and berthing operations shall be operable and in good order and condition.

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ANNEX II

REQUIREMENTS IN RELATION TO THE SUITABILITY OF TERMINALS FOR LOADING AND UNLOADING
SOLID BULK CARGOES

(as referred to in Article 5(1))

1. Terminal operators shall ensure that they only accept bulk carriers for loading or unloading of solid bulk cargoes at
their terminal that can safely berth alongside the loading or unloading installation, taking into consideration water
depth at
fendering, safe access and possible
obstructions to loading or unloading operations.

the ship, mooring arrangements,

the berth, maximum size of

2. Terminal loading and unloading equipment shall be properly certified and maintained in good order, in compliance
if appropriate, certified

with the relevant regulations and standards, and only operated by duly qualified and,
personnel.

3. Terminals shall use cargo weighing equipment that is well maintained and regularly tested and calibrated to provide
an accuracy to within 1 % of the rated quantity required over the normal range of loading rates at regular intervals.

4. Terminal personnel shall be trained in all aspects of safe loading and unloading of bulk carriers, commensurate with
their responsibilities. The training shall be designed to provide familiarity with the general hazards of loading and
unloading of solid bulk cargoes and the adverse effect improper loading and unloading operations may have on the
safety of the ship.

5. Terminal operators shall ensure that personnel involved in the loading and unloading operations are provided with

and using personnel protective equipment and are duly rested to avoid accidents due to fatigue.

ANNEX III

INFORMATION TO BE PROVIDED BY THE MASTER TO THE TERMINAL

(as referred to in Article 6(1)(b))

1. The ship’s estimated time of arrival off the port as early as possible. This advice shall be updated as appropriate.

2. At the time of the initial time of arrival advice:

(a) Name, call sign, IMO number, flag, port of registry;

(b) Loading or unloading plan, stating the quantity of cargo, stowage by hatches, loading or unloading order and the

quantity to be loaded in each pour or unloaded in each stage of the discharge;

(c) Arrival and proposed departure draughts;

(d) Time required for ballasting or de-ballasting;

(e) Ship’s length overall, beam, and length of the cargo area from the forward coaming of the forward-most hatch
to the after coaming of the aft-most hatch into which cargo is to be loaded or from which cargo is to be
unloaded;

(f) Distance from the waterline to the first hatch to be loaded or unloaded and the distance from the ship’s side to

the hatch opening;

(g) Location of the ship’s accommodation ladder;

(h) Air draught;

(i) Details and capacities of ship’s cargo-handling gear, if any;

(j) Number and type of mooring lines;

(k) Specific requests, such as for trimming or continuous measurement of the water content of the cargo;

(l) Details of any necessary repairs which may delay berthing, the commencement of loading or unloading, or may

delay the ship sailing on completion of loading or unloading;

(m) Any other information related to the ship requested by the terminal.

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DUTIES OF THE MASTER PRIOR TO AND DURING LOADING OR UNLOADING OPERATIONS

(as referred to in Article 6(1)(d))

ANNEX IV

Prior to and during loading or unloading operations the master shall ensure that:

1. the loading or unloading of cargo and the discharge or intake of ballast water is under the control of the ship’s

officer in charge;

2. the disposition of cargo and ballast water is monitored throughout the loading or unloading process to ensure that

the ship’s structure is not overstressed;

3. the ship shall be kept upright or, if a list is required for operational reasons, it shall be kept as small as possible;

4. the ship remains securely moored, taking due account of local weather conditions and forecasts;

5. sufficient officers and crew are retained on board to attend to the adjustment of the mooring lines or for any
normal or emergency situation, having regard to the need of the crew to have sufficient rest periods to avoid
fatigue;

6. the terminal representative is made aware of the cargo trimming requirements, which shall be in accordance with

the procedures of the IMO Code of Safe Practice for Solid Bulk Cargoes;

7. the terminal representative is made aware of the requirements for harmonisation between de-ballasting or ballasting
and cargo loading or unloading rates for his/her ship and of any deviation from the de-ballasting or ballasting plan
or any other matter which may affect cargo loading or unloading;

8. the ballast water is discharged at rates, which conform to the agreed loading plan, and does not result in flooding of
the quay or of adjacent craft. Where it is not practical for the ship to completely discharge its ballast water prior to
the trimming stage in the loading process, (s)he agrees with the terminal representative on the times at which
loading may need be suspended and the duration of such suspensions;

9. there is agreement with the terminal representative as to the actions to be taken in the event of rain, or other

change in the weather, when the nature of the cargo would pose a hazard in the event of such a change;

10. no hot work is carried out on board or in the vicinity of the ship while the ship is alongside the berth, except with
the permission of the terminal representative and in accordance with any requirements of the competent authority;

11. close supervision of the loading or unloading operation and of the ship during final stages of the loading or

unloading;

12. the terminal representative is warned immediately if the loading or unloading process has caused damage, has

created a hazardous situation, or is likely to do so;

13. the terminal representative is advised when final trimming of the ship has to commence in order to allow for the

conveyor system to run-off;

14. the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the

ship’s structure;

15. when ballasting one or more holds, account is taken of the possibility of the discharge of flammable vapours from

the holds and precautions are taken before any hot work is permitted adjacent to or above these holds.

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ANNEX V

INFORMATION TO BE PROVIDED BY THE TERMINAL TO THE MASTER

(as referred to in Article 6(2)(a))

1. The name of the berth at which loading or unloading will take place and the estimated times for berthing and

completion of loading or unloading (1);

2. Characteristics of loading or unloading equipment, including the terminal’s nominal loading or unloading rate and
the number of loading or unloading heads to be used, as well as the estimated time required to complete each pour
or (cid:151) in the case of unloading (cid:151) the estimated time required for each stage of the discharge;

3. Features on the berth or jetty the master may need to be aware of, including the position of fixed and mobile

obstructions, fenders, bollards and mooring arrangements;

4. Minimum depth of water alongside the berth and in approach and departure channels (1);

5. Water density at the berth;

6. Maximum distance between the water line and the top of the cargo hatch covers or coamings, whichever is relevant

to the loading or unloading operation, and the maximum air draught;

7. Arrangements for gangways and access;

8. Which side of the ship is to be alongside the berth;

9. Maximum allowable speed of approach to the jetty and availability of tugs, their type and bollard pull;

10. The loading sequence for different parcels of cargo, and any other restrictions if it is not possible to take the cargo

in any order or any hold to suit the ship;

11. Any properties of the cargo to be loaded which may present a hazard when placed in contact with cargo or residues

on board;

12. Advance information on the proposed loading or unloading operations or changes to existing plans for loading or

unloading;

13. If the terminal’s loading or unloading equipment is fixed, or has any limits to its movement;

14. Mooring lines required;

15. Warning of unusual mooring arrangements;

16. Any restrictions on ballasting or de-ballasting;

17. Maximum sailing draught permitted by the competent authority; and

Any other item related to the terminal requested by the master.

(1) Information on estimated times for berthing and departure and on minimum water depth at the berth shall be progressively updated
and passed to the master on receipt of successive ETA advices. Information on minimum water depth in approach and departure
channels shall be provided by the terminal or the port authority, as appropriate.

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ANNEX VI

DUTIES OF THE TERMINAL REPRESENTATIVE PRIOR TO AND DURING LOADING OR UNLOADING
OPERATIONS

(as referred to in Article 6(2)(d))

Prior to the start of and during loading or unloading operations the terminal representative shall:

1. provide the master with the names and procedures for contacting the terminal personnel or shipper’s agent who will

have the responsibility for the loading or unloading operation and with whom the master will have contact;

2. take all precautionary measures to avoid damage to the ship by the loading or unloading equipment and inform the

master if damage occurs;

3.

in the case of high density cargoes, or when the individual grab loads are large, alert the master that there may be
high, localised impact loads on the ship’s structure until the tank top is completely covered by cargo, especially when
high free-fall drops are permitted and special care is taken at the start of the loading operation in each cargo hold;

4. ensure that there is agreement between the master and the terminal representative at all stages and in relation to all
aspects of the loading or unloading operations and that the master is advised on any change to the agreed loading
rate, and at the completion of each pour of the weight loaded;

5. maintain a record of the weight and disposition of the cargo loaded or unloaded and ensure that the weights in the

holds do not deviate from the agreed loading or unloading plan;

6. ensure that the quantities of cargo required to achieve the departure draft and trim shall allow for all cargo on the
terminal’s conveyor systems to be run off and empty on completion of a loading. For that purpose the terminal
representative shall advise the master of the nominal tonnage contained on the terminal’s conveyor system and any
requirements for clearing the conveyor system on completion of the loading;

7. in the case of unloading, give the master the maximum warning when it is intended to increase, or to reduce, the
number of unloading heads used and advise the master when unloading is considered to be completed from each
hold;

8. ensure that no hot work is carried out on board or in the vicinity of the ship while the ship is alongside the berth,
except with the permission of the master and in accordance with any requirements of the competent authority.