Amended proposal for a Directive of the European Parliament and of the Council establishing a Community monitoring, control and information system for maritime traffic (presented by the Commission pursuant to Article 250(2)  of the EC Treaty)
Date: 2001-10-12
Institutions: European Commission
Subjects: data collection, indemnification, maritime safety, maritime transport, oil pollution

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Official Journal of the European Communities

C 362 E/255

Amended proposal for a Directive of the European Parliament and of the Council establishing a
Community monitoring, control and information system for maritime traffic (1)

(2001/C 362 E/04)

(Text with EEA relevance)

COM(2001) 592 final (cid:151) 2000/0325(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 12 October 2001)

(1) OJ C 120 E, 24.4.2001, p. 67.

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,

Acting in accordance with the procedure indicated in Article
251 of the Treaty,

Whereas:

(1) In its communication of 24 February 1993 on a common
policy on safe seas, the Commission indicated that one
objective at Community level was the introduction of a
mandatory information system to give Member States
rapid access to all important information relating to the
movements of
ships carrying dangerous or polluting
materials and to the precise nature of their cargo.

(2) Directive 93/75/EEC (1) of 13 September 1993 introduced
receive
a system whereby the competent authorities
information regarding ships bound for or
leaving a
Community port and carrying dangerous or polluting
goods, and regarding incidents at sea. Article 13 of the
Directive requires
the Commission to produce new
reporting
proposals
system for the Community, possibly covering ships tran-
siting along the coasts of Member States.

the introduction of a fuller

for

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

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INITIAL PROPOSAL

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(3) The Council Resolution of 8 June 1993 (1) on a common
policy on safe seas agreed that the main objectives of
Community action included the adoption of a fuller
information system.

control

(4) Setting up a Community monitoring,

and
information system for maritime traffic will help to
prevent accidents and pollution at sea and to minimise
their impact on the environment, the economy and the
health of local communities. The efficiency of maritime
traffic, and in particular of the management of ships’ calls
into ports, also depends on ships giving sufficient advance
notice of their arrival.

(5) Several mandatory ship reporting systems have been set
up along Europe’s coasts, in accordance with the relevant
rules adopted by the International Maritime Organisation
(IMO). It ought to be ensured that transiting ships comply
with the reporting requirements in force under these
systems. Reporting by these ships must at least include
certain information advising the coastal authorities of the
number of persons aboard, the cargo, and bunker fuels in
excess of a certain volume which might pose a serious
risk of pollution.

(6) Vessel traffic services and ships’ routing systems have also
been introduced and are playing an important part in the
prevention of accidents and pollution in certain shipping
areas which are congested or hazardous for shipping. It is
necessary that ships use the services offered by vessel
traffic services and that they follow the rules applicable
to ships’ routing systems approved by the IMO.

(7) Key technological progress has been made in the area of
on-board equipment allowing automatic identification of
ships (AIS systems) for enhanced ship monitoring, as well
as voyage data recording (VDR systems or (cid:145)black boxes(cid:146)) to
facilitate investigations
following accidents. Given its
importance in the formulation of a policy to prevent
shipping accidents, such equipment ought to be made
compulsory on board ships making national or inter-
national voyages which call at Community ports.

(7) Key technological progress has been made in the area of
on-board equipment allowing automatic identification of
ships (AIS systems) for enhanced ship monitoring, as well
as voyage data recording (VDR systems or (cid:145)black boxes(cid:146)) to
facilitate investigations following accidents or near-misses.
Given its importance in the formulation of a policy to
prevent shipping accidents, such equipment ought to be
made compulsory on board ships making national or
international voyages which call at Community ports.

(8) Having AIS and voyage data recorder systems on board is
not in itself enough to prevent accidents; the level of
training and competence of the crew is equally important.
Member States must ensure,
in addition, that there are
enough shore staff, particularly in vessel traffic services,
coastal stations and rescue services, and that they are
properly trained.

___________
(1) OJ C 271, 7.10.1993, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

of

and

operations

effectiveness

(8) Accurate knowledge of dangerous or polluting goods
being carried on board ships is essential to the prep-
tackle
aration
pollution or the risk of pollution at sea. Ships leaving
or bound for Member States must notify this information
to the competent authorities or port authorities of those
Member States. Ships not calling at a port located in the
Community must provide the reporting systems operated
by the coastal authorities of
the Member States with
information on the quantity and type of dangerous
goods they are carrying

to

(9) Accurate knowledge of dangerous or polluting goods
being carried on board ships and of other relevant safety-
related information, such as information related to navi-
gational incidents, is essential to the preparation and effec-
tiveness of operations to tackle pollution or the risk of
pollution at sea. Ships leaving or bound for Member
States must notify this information to the competent auth-
orities or port authorities of those Member States. Ships
not calling at a port located in the Community must
provide the reporting systems operated by the coastal
the Member States with information on
authorities of
they are
the quantity and type of dangerous goods
carrying and other relevant safety-related information.

(9) To streamline and accelerate the transmission and utili-
sation of what may be huge amounts of information on
cargo, such information ought to be sent electronically to
the competent authority or port authority concerned.
Where EDI protocols are used, only those formats
mentioned in the Directive should be employed so as to
avoid
incompatible
standards. For the same reasons, exchanges of information
between the competent authorities of the Member States
should take place electronically.

an undesirable proliferation of

(10) To streamline and accelerate the transmission and utili-
sation of what may be huge amounts of information on
cargo, such information ought to be sent electronically to
the competent authority or port authority concerned.
Where EDI protocols are used, only those formats
mentioned in the Directive should be employed so as to
avoid
incompatible
standards. For the same reasons, exchanges of information
between the competent authorities of the Member States
should take place electronically.

an undesirable proliferation of

(10) Where the companies concerned have, to the satisfaction
of the Member States, introduced internal procedures to
ensure that information required by the Directive is sent
to the competent authority without delay,
it must be
possible to exempt scheduled services between the ports
from the reporting
of one or more Member States
requirement for each voyage.

(11) Where the companies concerned have, to the satisfaction
of the Member States, introduced internal procedures to
ensure that information required by the Directive is sent
to the competent authority without delay,
it must be
possible to exempt scheduled services between the ports
from the reporting
of one or more Member States
requirement for each voyage.

the

(11) Where a Member State considers exceptionally poor
weather and sea conditions, are creating a serious threat
for the environment to stop such ships from leaving port
until
to normal. Within the
framework of its power of discretion, the Member State
must consider such conditions to have been reached if a
force of 10 or more on the Beaufort scale, and corre-
sponding sea conditions, have been noted in the area
concerned.

situation returns

(12) Where a Member State considers, in the event of excep-
tionally poor weather and sea conditions,
that certain
ships are creating a serious threat for the environment
or the life and safety of the crew and passengers, it may
take any appropriate measures, including a prohibition to
leave port to stop such ships from leaving port until the
situation returns to normal. In addition, Member States
may also recommend ships in the area concerned not to
its power of
leave port. Within the framework of
such
consider
discretion,
conditions to have been reached if a force of 10 or
more on the Beaufort
scale, and corresponding sea
conditions, have been noted in the area concerned.

the Member

State must

risks

(12) Because of their behaviour or condition, some ships pose
shipping and the
safety of
potential
to the
should pay particular
States
environment. Member
attention to the monitoring of such ships, take the appro-
priate measures, consistent with international
to
prevent any worsening of the risk they pose, and send
any relevant information they possess on these ships to
the other Member States concerned.

law,

risks

(13) Because of their behaviour or condition, some ships pose
shipping and the
safety of
potential
to the
should pay particular
States
environment. Member
attention to the monitoring of such ships, take the appro-
priate measures, consistent with international
to
prevent any worsening of the risk they pose, and send
any relevant information they possess on these ships to
the other Member States concerned.

law,

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INITIAL PROPOSAL

AMENDED PROPOSAL

(13) Member States need to guard against

the threats to
maritime safety, local communities and the environment
certain situations at sea and the presence of polluting
slicks or packages floating at sea. To this end, masters
of ships must report such occurrences to the coastal auth-
orities, supplying all appropriate information.

(14) Member States need to guard against

environment

the threats to
local communities and the marine and
maritime safety,
from certain
that may
coastal
situations at sea and from the presence of polluting
slicks or packages floating at sea. To this end, masters
of ships must report such occurrences to the coastal auth-
orities, supplying all appropriate information.

result

(14) In the event of an incident or accident at sea, full and
complete cooperation by the parties involved in the
carriage contributes significantly to the effectiveness of
operations by the competent authorities.

(15) In the event of an incident or accident at sea, full and
complete cooperation by the parties involved in the
carriage contributes significantly to the effectiveness of
operations by the competent authorities.

in the

(15) Non-availability of a port of refuge may have serious
sea.
consequences
to draw up plans
Member States ought
whereby ships
the situation so
if
requires, be given refuge in their ports in the best
conditions possible.

therefore
in distress may,

event of an accident at

(16) Non-availability of a port of refuge, a sheltered zone or
place of anchorage may have serious consequences in the
event of an accident at sea. Member States ought therefore
to draw up plans whereby ships in distress may, if the
situation so requires, be given refuge in their ports or any
sheltered place along the coast
in the best conditions
possible.

(16) The effectiveness of the Directive depends greatly on the
Member States enforcing its implementation strictly. To
this end, Member States must carry out appropriate
checks to ensure that the communication links established
to meet the requirements of the Directive are operating
satisfactorily. Deterrent penalties must also be introduced
to ensure that the parties concerned comply with the
reporting and equipment
laid
down by the Directive.

carrying requirements

(17) The effectiveness of the Directive depends greatly on the
Member States enforcing its implementation strictly. To
this end, Member States must carry out appropriate
checks to ensure that the communication links established
to meet the requirements of the Directive are operating
satisfactorily. Deterrent penalties must also be introduced
to ensure that the parties concerned comply with the
reporting and equipment
laid
down by the Directive.

carrying requirements

(17) A framework for cooperation between the Member States
and the Commission needs to be established to enhance
the implementation of
the monitoring, control and
information system for maritime traffic, with proper
communication links being established between the auth-
orities and ports of the Member States. Moreover, the
ship identification and monitoring
the
coverage of
to be supplemented in those shipping
system needs
the Community where it
areas of
In
addition,
information management centres ought to be
set up in the Community’s maritime regions so as to
facilitate the exchange or
sharing of useful data in
relation to traffic monitoring and the implementation of
the Directive. The creation of
the European Maritime
Safety Agency by Regulation . . ./. . ./EC will help achieve
these objectives.

insufficient.

is

(18) A framework for cooperation between the Member States
and the Commission needs to be established to enhance
the implementation of
the monitoring, control and
information system for maritime traffic, with proper
communication links being established between the auth-
orities and ports of the Member States. Moreover, the
ship identification and monitoring
the
coverage of
to be supplemented in those shipping
system needs
the Community where it
areas of
In
addition,
information management centres ought to be
set up in the Community’s maritime regions so as to
facilitate the exchange or
sharing of useful data in
relation to traffic monitoring and the implementation of
the Directive. The creation of
the European Maritime
Safety Agency by Regulation . . ./. . ./EC will help achieve
these objectives.

insufficient.

is

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INITIAL PROPOSAL

AMENDED PROPOSAL

(18) With a view to the effective application of this Directive,
the Commission needs to be assisted by a committee
composed of representatives of the Member States. Since
the measures needed to implement
this Directive are
measures of general scope within the meaning of Article
2 of Council Decision 1999/468/EC of 28 June 1999
laying
exercise of
implementing powers conferred on the Commission (1),
they ought to be adopted in accordance with the regu-
latory procedure laid down in Article 5 of that Decision.

down the procedures

the

for

(19) With a view to the effective application of this Directive,
the Commission needs to be assisted by a committee
composed of representatives of the Member States. Since
the measures needed to implement
this Directive are
measures of general scope within the meaning of Article
2 of Council Decision 1999/468/EC of 28 June 1999
laying
exercise of
implementing powers conferred on the Commission (1),
they ought to be adopted in accordance with the regu-
latory procedure laid down in Article 5 of that Decision.

down the procedures

the

for

(20) Taking account of

the development of

international
instruments and experience of
this
Directive, it may be necessary to amend certain provisions
of this Directive. Such amendments may also be proposed
following a detailed study of the implementation of this
Directive.

implementation of

(19) The provisions of Directive 93/75/EEC are significantly
reinforced,
current
extended and amended by
Directive. Accordingly, Directive 93/75/EEC ought to be
repealed.

the

(21) The provisions of Directive 93/75/EEC are significantly
reinforced,
current
extended and amended by
Directive. Accordingly, Directive 93/75/EEC ought to be
repealed.

the

(20) Given the principle of subsidiarity, a Directive of

the
European Parliament and of the Council is the appropriate
legal
instrument as it establishes a framework for the
compulsory and uniform application by the Member
States of the requirements and procedures laid down in
this Directive, while leaving each of them free to choose
suited to their
the detailed implementing rules best
national system,

(22) Given the principle of subsidiarity, a Directive of

the
European Parliament and of the Council is the appropriate
legal
instrument as it establishes a framework for the
compulsory and uniform application by the Member
States of the requirements and procedures laid down in
this Directive, while leaving each of them free to choose
suited to their
the detailed implementing rules best
national system,

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

Purpose

The purpose of this Directive is to establish in the Community
a monitoring, control and information system for maritime
traffic with a view to enhancing the safety and efficiency of
such traffic and preventing pollution by ships.

Article 2

Scope

This Directive applies to ships of 300 gross tonnage and
upwards

This Directive applies to ships of 300 gross tonnage and

1.
upwards.

Notwithstanding the provisions of paragraph 1,

2.
Directive shall not apply to:

this

(a) warships, naval auxiliaries and other

ships owned or
operated by a Member State and used for non-commercial
public service;

Unchanged

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

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(b) fishing vessels with a length of less than 45 metres and

recreational craft.

(c) ships’ stores and equipment for use on board ships.

(c) bunkers below 5 000 tons, ships’ stores and equipment for

use on board ships.

Unchanged

Article 3

Definitions

For the purpose of this Directive:

(a) (cid:145)operators(cid:146) means the owners or managers of a ship;

(b) (cid:145)agent(cid:146) means any person mandated or authorised to supply

information on behalf of the operator of the ship;

(c) (cid:145)shipper(cid:146) means any person by whom or in whose name or
on whose behalf a contract of carriage of goods has been
concluded with a carrier;

(d) (cid:145)company(cid:146) means a company within the meaning of Regu-
lation 1(2) of Chapter IX of the SOLAS Convention;

(e) (cid:145)ship(cid:146) means any sea-going vessel or craft;

(f) (cid:145)dangerous goods(cid:146) means:

(cid:151) goods classified in the IMDG Code,

(cid:151) dangerous liquid substances listed in Chapter 17 of the

IBC Code,

(cid:151) liquefied gases listed in Chapter 19 of the IGC Code,

(cid:151) solids referred to in Appendix B of the BC Code.

Also included are goods for the carriage of which appro-
priate preconditions have been laid down in accordance
with paragraph 1.1.3 of the IBC Code or paragraph 1.1.6
of the IGC Code;

(g) (cid:145)polluting goods(cid:146) means:

(cid:151) oils as defined in Annex 1 to the Marpol Convention,

(cid:151) noxious liquid substances as defined in Annex 2 to the

Marpol Convention,

(cid:151) harmful substances as defined in Annex 3 to the

Marpol Convention;

(h) (cid:145)haulage unit(cid:146) means a vehicle for the road haulage of
goods, a wagon for
the carriage of goods by rail, a
container, a road tank-vehicle, a rail tanker or a movable
tank;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(i) (cid:145)relevant

international

in the version in force at

instruments(cid:146) means the following
the time of

instruments,
adoption of this Directive:

(cid:151) (cid:145)Marpol(cid:146) means the International Convention for the
prevention of pollution from ships, 1973 and its 1978
Protocol;

(cid:151) (cid:145)SOLAS(cid:146) means the International Convention for the
Safety of Life at Sea, together with the protocols and
amendments thereto;

(cid:151) the International Convention on Tonnage Measurement

of Ships, 1969;

(cid:151) the International Convention relating to Intervention
on the High Seas in Cases of Oil Pollution Casualties,
1969 and its 1973 Protocol relating to Intervention on
the High Seas in Cases of Pollution by Substances other
than Oil;

(cid:151) (cid:145)ISM Code(cid:146) means the International Safety Management

Code;

(cid:151) (cid:145)IMDG Code(cid:146) means
Dangerous Goods Code;

the

International Maritime

(cid:151) (cid:145)IBC Code(cid:146) means the IMO International Code for the
carrying
equipment

ships

of

construction
dangerous chemicals in bulk;

and

(cid:151) (cid:145)IGC Code(cid:146) means the IMO International Code for the
construction and equipment of ships carrying liquefied
gases in bulk;

(cid:151) (cid:145)BC Code(cid:146) means the IMO Code of Safe Practice for

Solid Bulk Cargoes;

(cid:151) (cid:145)INF Code(cid:146) means the IMO Code for the Safe Carriage
of Irradiated Nuclear Fuel, Plutonium and High-Level
Radioactive Wastes in Flasks on board Ships;

(cid:151) (cid:145)IMO Resolution A.851(20)(cid:146) means

Maritime Organisation Resolution 851(20)
(cid:145)General principles
for
ship reporting requirements,
dangerous
reporting
harmful substances and/or marine pollutants(cid:146);

International
entitled
ship reporting systems and
including guidelines for
goods,

involving

incidents

(j) (cid:145)address(cid:146) means the name and the communication links
whereby contact may, where necessary, be made with the
operator, agent, port authority, competent authority or any
other authorised person or body in possession of detailed
information regarding the ship’s cargo;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(k) (cid:145)competent authorities(cid:146) means the authorities and organi-
sations authorised by Member States to receive and pass
on information reported pursuant to this Directive;

(l) (cid:145)port authorities(cid:146) means the competent port authorities
to receive and pass on

authorised by Member States
information reported pursuant to this Directive;

(m) (cid:145)coastal station(cid:146) means any of the following, designated by
Member States pursuant to this Directive: a vessel traffic
service,
a
mandatory reporting system approved by the IMO, or a
body responsible
coordinating search and rescue
operations or operations to tackle pollution at sea;

shore-based installation responsible

for

for

a

(n) (cid:145)place of refuge(cid:146) means a port, the part of a port or another
protective berth or anchorage or any other sheltered area
identified by a Member State for accommodating ships in
distress.

SHIP REPORTING AND MONITORING IN EUROPEAN WATERS

TITLE I

Unchanged

Article 4

Notification prior to entry into Community ports

Member States shall take the necessary measures to ensure that
any ship bound for a port
located in the Community
announces its arrival to the port authority:

(a) at least forty-eight hours before its arrival, if the port of call

is known, or

(b) as soon as the port of call is known, if this information is
available less than forty-eight hours before its arrival, or

(c) at the latest, at the time the ship leaves the previous port, if

the journey time is less than forty-eight hours.

Article 5

Participation in mandatory reporting systems

1.

hips entering the area of a mandatory reporting system

The Member State concerned shall monitor and take all
1.
necessary and appropriate measures to ensure that all ships
entering the area of a mandatory reporting system adopted
by the IMO according to Regulation 11 Chapter V SOLAS
and operated by one or more States, of which at least one is
a Member State, in accordance with the relevant guidelines and
criteria developed by the IMO, comply with that system in
to
reporting the
additional
in
accordance with IMO Resolution A.851(20).

information required without prejudice
information required by a Member State

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INITIAL PROPOSAL

AMENDED PROPOSAL

Ship reports shall include at least the information referred

2.
to in Annex I-1

Ship reports shall include at least the information referred

2.
to in Annex I-1.

Article 5a

Unchanged

Automatic identification systems

1.
in
Any ship calling at a Community port must,
accordance with the timetable set out in Annex II-1, be fitted
with an automatic identification system which meets
the
performance standards drawn up by the IMO and is capable
of transmitting the information referred to in Annex I-2.

2. Member States shall see that they furnish themselves, on a
timescale compatible with the timetable set out in Annex II-1,
with appropriate equipment and shore-based installations for
receiving and utilising the information referred to in paragraph 1.

Article 6

Use of ship’s routeing systems

1. Member States shall monitor and take all necessary and
appropriate measures to ensure that all ships entering the area
of a mandatory ships’ routeing system adopted by the IMO
according to Regulation 10 Chapter V SOLAS and operated
by one or more States, of which at least one is a Member
State, use the system in accordance with the relevant guidelines
and criteria developed by the IMO.

2. When implementing a ship’s routeing system, which has
not been adopted by the IMO, under
their responsibility,
Member States shall take into account, wherever possible, the
guidelines and criteria developed by the IMO and promulgate
all information necessary for the safe and effective use of the
ship’s routeing system.

Article 6a

Unchanged

Monitoring of the compliance of ships with vessel traffic
services

Member States shall monitor and take all necessary and appro-
priate measures to ensure that:

1. Ships entering the area of applicability of a vessel traffic
service (VTS) operated by one or more States, of which at
least one is a Member State, within their territorial sea and
based on the guidelines developed by the IMO, participate
in, and comply with, the rules of that VTS.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Ships flying the flag of a Member State or ships bound for
a port of a Member State of the Community and entering
the area of applicability of such a VTS outside the territorial
sea of a Member State and based on the guidelines
developed by the IMO, comply with the rules of that VTS.

3. Ships flying the flag of a third State and not bound for a
port in a Member State of the Community entering a VTS
area outside the territorial sea of a Member State, follow the
rules of that VTS wherever possible. Member States should
report to the flag State concerned any apparent serious
breach of those rules in such a VTS area.

Article 7

Unchanged

Infrastructure for ship reporting systems, ships’ routeing
systems and vessel traffic services

1. Member States shall take all necessary and appropriate
measures to furnish themselves gradually on a time-schedule
compatible with the timetable set out in Annex II-I with appro-
priate equipment and shore-based installations for receiving
and utilising the AIS information taking into account a
necessary range for transmission of the reports.

2.
The process of building up all necessary equipment and
shore-based installations for implementing this Directive shall
be completed by the end of 2007. Member States shall ensure
that the appropriate equipment for relaying the information to
and exchanging it between the national systems of Member
States shall be operational at the latest one year thereafter.

Article 8

Unchanged

Voyage data recorders (black boxes)

Ships calling at a port located in the Community must be fitted
with a voyage data recorder (black box) in accordance with the
detailed rules laid down in Annex II-2. Any exemptions granted
to ro-ro ferries or high-speed passenger craft under Article
4(1)(d) of Council Directive 1999/35/EC (1) shall terminate on
the date on which this Directive enters into force.

The voyage data recorder must be able to store, in a secure and
retrievable form, and make available to the Member State
involved in an enquiry following a maritime
accident,
information concerning the position, movement,
relevant
the ship
status, and command and control of
physical
concerned.

1.
Ships calling at a port located in the Community must be
fitted with a voyage data recorder (black box) in accordance
laid down in Annex II-2. Any
with the detailed rules
exemptions granted to ro-ro ferries or high-speed passenger
craft under Article 4(1)(d) of Council Directive 1999/35/EC (1)
shall terminate on the date on which this Directive enters into
force.

The voyage data recorder must be able to store, in a secure and
retrievable form, and make available to the Member State
involved in an enquiry following a maritime
accident,
information concerning the position, movement,
relevant
physical
the ship
status, and command and control of
concerned.

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

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

2.
The data collected in accordance with paragraph 1 shall
be made available to the Member State concerned in the event
of an enquiry following a maritime accident occurring within
the waters under the jurisdiction of a Member State. Member
States shall ensure that such data is used in the investigation
and analysed in conjunction with relevant
investigation
statistics. Member States shall ensure that the findings of the
its
investigation are published as
conclusion.

soon as possible after

TITLE II

Unchanged

NOTIFICATION OF DANGEROUS OR POLLUTING GOODS ON
BOARD SHIPS (HAZMAT)

Article 9

Obligations on the shipper

No dangerous or polluting goods may be offered for carriage
or taken on board any ship in a port of a Member State unless
a declaration has been delivered to the master or operator
containing the correct technical names of the dangerous or
polluting goods,
the United Nations (UN) numbers where
the hazard classes and the quantities of such
they exist,
goods and,
if they are being carried in haulage units other
than tanks, the identification numbers thereof.

It shall be the duty of the shipper to deliver to the master or
operator the declaration required by this Directive and to
ensure that the shipment offered for carriage is indeed the
one declared in compliance with the first paragraph.

Article 10

Notification by ships carrying dangerous or polluting
goods

The operator, agent or master of a ship carrying
1.
dangerous or polluting goods and leaving a port
in a
Member State shall, at the latest at the moment of departure,
notify the information indicated in Annex III to the competent
authority designated by that Member State.

The operator, agent or master of a ship carrying
2.
dangerous or polluting goods coming from a port
located
outside the Community and bound for a port located in the
Community or an anchorage located in a Member State’s terri-
the latest upon departure from the
torial waters shall, at
loading port or as soon as the port of destination is known,
if this information is unavailable at the moment of departure,
notify the information indicated in Annex III to the competent
authority of the Member State in which the first port of desti-
nation is located.

The operator, agent or master of a ship carrying
2.
dangerous or polluting goods coming from a port
located
outside the Community and bound for a port located in the
Community or an anchorage located in a Member State’s terri-
the latest upon departure from the
torial waters shall, at
loading port or as soon as the port or anchorage of destination
is known, if this information is unavailable at the moment of
departure, notify the information indicated in Annex III to the
competent authority of the Member State in which the first
port or anchorage of destination is located.

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3. Member States may put in place a procedure authorising
the operator, agent or master of a ship referred to in the above
paragraphs to notify the information listed in Annex III to the
port authority of the port of departure or destination in the
Community, as appropriate.

Unchanged

The procedure put in place must ensure that the competent
authority has access to the information indicated in Annex III
at all times should it be needed. To this end, the competent
port authority shall retain the information listed in Annex III
long enough for it to be usable in the event of an accident or
incident at sea. The port authority shall take the necessary
measures
information electronically and
without delay to the competent authority, 24 hours a day
upon request.

to provide

this

The operator, agent, or master of

4.
the ship must
communicate the cargo information indicated in point 5 of
Annex III to the port authority or the competent authority
electronically. Where EDI messages are used to transmit data,
the EDIFACT message formats indicated in Annex IV must be
used.

Article 11

Computerised exchange of data between Member States

Member States shall cooperate to ensure the interconnection
and interoperability of the national systems used to manage the
information indicated in Annex III.

Communication systems set up in application of the above
paragraph must display the following features:

(cid:151) data exchange must be electronic and enable messages
notified in accordance with Article 10 to be received and
processed;

(cid:151) the system must allow information to be transmitted 24

hours a day;

(cid:151) each Member State must be able, upon request, to send
information on the ship and the dangerous or polluting
cargo on board without delay to the competent authority
of another Member State.

Article 12

Exemptions

1. Member States may exempt national scheduled services
performed between ports located on their territory from the
laid down in Article 10 where the following
requirement
conditions are met:

(cid:151) the company operating the scheduled services referred to
above keeps and updates a list of the ships concerned and
sends it to the competent authority concerned,

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(cid:151) for each journey performed,

the information listed in
Annex III
is kept available for the competent authority
upon request. The company must establish an internal
system to ensure that, upon request 24 hours a day and
without delay,
to the
competent authority electronically,
in accordance with
Article 10(2).

the said information can be sent

2. Member States shall periodically check that the conditions
laid down in paragraph 1 are being met. Where at least one of
these conditions is no longer being met, Member States shall
immediately withdraw enjoyment of the exemption from the
company concerned.

3. Member States shall communicate to the Commission a
list of companies and ships granted exemption under this
Article, as well as any updating of that list.

4. Where two or more Member States are concerned in an
international scheduled service operated by a single company,
they may collaborate in granting an exemption to the company
concerned in accordance with the requirements laid down by
this Article.

TITLE III

MONITORING OF HAZARDOUS SHIPS AND INTERVENTION
IN THE EVENT OF INCIDENTS AND ACCIDENTS AT SEA

Article 13

Ships posing a potential hazard to shipping

1.
Ships meeting the criteria set out below shall be
considered to be ships posing a potential hazard to shipping
or a threat to the environment within the meaning of this
Directive:

(cid:151) ships which have been involved in accidents or incidents at

sea as referred to in Article 14;

(cid:151) ships which have failed to comply with the reporting

requirements imposed by this Directive;

(cid:151) ships which have failed to comply with the applicable rules
in ships’ routing systems and vessel traffic services placed
under the responsibility of a Member State;

(cid:151) ships

in respect of which there is proof or
strong
presumptive evidence of deliberate discharges of oil or
other infringements of the Marpol Convention in waters
under the jurisdiction of a Member State;

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(cid:151) ships which have been refused access to Community ports
or which have been the subject of a report or notification
by a Member State in accordance with Annex I-1 to
Directive 95/21/EC.

2.
Coastal stations holding relevant information on the ships
referred to in paragraph 1 shall communicate it to the coastal
stations concerned in the other Member States located along
the planned route of the ship.

take

3. Without prejudice to Article 15, Member States shall, in
law,
compliance with international
the appropriate
measures
referred to in paragraph 1
regarding the ships
which they have identified or which have been reported to
them by other Member States, with a view to preventing or
reducing the risk to safety or the environment at sea. They
shall carry out any checks or action they deem appropriate,
in conditions compatible with Directive 95/21/EC, with a view
this
to establishing any infringements of
Directive or of the relevant rules of international conventions
in force. Where appropriate, they shall
inform the Member
State which sent them the information pursuant to paragraph
2 of the results of the action they take.

the provisions of

Article 14

Reporting of incidents and accidents at sea

to maritime safety,

1. With a view to preventing or mitigating any significant
threat
individuals or the
environment, the master of any ship sailing in the territorial
sea or exclusive economic zone of a Member State or the high
seas off the coast of a Member State must immediately report
to the coastal station responsible for that geographical area:

the safety of

(cid:151) any incident or accident affecting the safety of the ship,
such as collision, running aground, damage, malfunction
or breakdown, flooding or shifting of cargo, any defects
in the hull or structural failure,

(cid:151) any incident or accident which compromises shipping
safety, such as failures likely to affect the ship’s manoeuvr-
ability or
seaworthiness, or any defects affecting the
propulsion system or steering gear, the power generation
equipment, navigation equipment or
communications
equipment,

(cid:151) any situation liable to lead to pollution of the waters or
shore of a Member State, such as the discharge or threat of
discharge of polluting products into the sea, as well as any
slicks of polluting materials and containers or packages
seen drifting at sea.

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The report message sent in application of paragraph 1
2.
its position, the port of
include at least the ship’s identity,
the address from which
the port of destination,
departure,
information may be obtained on the, the number of persons
aboard, details of the incident and any relevant information
referred to in IMO Resolution A.851(20).

the port of destination,

2.
The report message sent in application of paragraph 1
shall include at least the ship’s identity, its position, the port of
the address from which
departure,
information may be obtained on the dangerous or polluting
goods on board, the number of persons aboard, details of the
incident and any relevant
information referred to in IMO
Resolution A.851(20).

Article 15

Unchanged

Measures in the event of exceptionally bad weather

1. When a Member State, in the event of exceptionally bad
weather and sea conditions, considers that:

(a) a particular ship is likely to create a serious threat for the
safety of human life at sea or of pollution of its shipping
areas or coastal zones, or of the shipping areas or coastal
zones of other States,
it may take any appropriate
measures, which may include a prohibition to leave port,
until it has been established that there is no longer a risk to
the human life and/or to the environment;

(b) ships’ departure can create a risk to safety or of pollution, it
may recommend ships not to leave the ports located in the
areas affected.

2.
The master shall inform the company of the appropriate
measures or recommendations referred to under paragraph 1.
These recommendations do however not prejudice the decision
judgment
of the master on the basis of his/her professional
corresponding to SOLAS.

3.
The appropriate measures or recommendations, referred
to under paragraph 1, shall be based upon a sea state and
weather
forecast provided by a qualified meteorological
information service recognised by the Member State.

Article 16

Unchanged

Measures relating to incidents or accidents at sea

In the event of incidents or accidents at sea as referred to
1.
take all appropriate
in Article 14, Member States
measures, consistent with international
to ensure the
safety of shipping and of persons and to protect the marine
environment.

shall

law,

In the event of incidents or accidents at sea as referred to
1.
take all appropriate
in Article 14, Member States
measures, consistent with international
to ensure the
safety of shipping and of persons and to protect the marine
and coastal environment.

shall

law,

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Annex V sets out a non-exhaustive list of measures available to
Member States in application of this Article.

Unchanged

2.
The operator, the master of the ship and the owner of the
must cooperate fully with the competent national authorities,
at the latter’s request, with a view to minimising the conse-
quences of an incident or accident at sea.

2.
The operator, the master of the ship and the owner of the
dangerous or polluting goods on board must cooperate fully
with the competent national authorities, at the latter’s request,
with a view to minimising the consequences of an incident or
accident at sea.

3.
The master of a ship to which the provisions of the ISM
Code are applicable shall inform the company of any accident
or incident which occurs at sea. As soon as it has been
informed of such a situation, the company must contact the
competent coastal station and place itself at its disposal as
necessary.

Unchanged

Article 17

of refuge

Places of refuge

Member States, having consulted the parties concerned, shall
draw up, taking into account relevant guidelines by IMO, plans
to accommodate, in the waters under their jurisdiction, ships in
distress. Such plans shall contain the necessary arrangements
and procedures taking into account operational and environ-
mental constraints,
in distress may
immediately go to a place of refuge subject to authorisation
by the competent authority.

to ensure that

ships

Plans for accommodating ships in distress shall be made
the
available upon demand. Member States
Commission of
the
preceding paragraph.

inform,
the measures taken in application of

shall

Plans for accommodating ships in distress shall be made
available upon demand. Member States shall
inform, within
12 months of the date of application of this Directive, the
Commission of
the
preceding paragraph.

the measures taken in application of

Article 18

Unchanged

Informing the parties concerned

The competent coastal authority of

1.
the Member State
concerned shall, as necessary, broadcast within the relevant
areas any incident notified under Article 14(1) and information
with regard to any ship which poses a threat to other shipping.

2.
Competent authorities holding information notified in
accordance with Articles 10 and 14 shall make adequate
arrangements to provide such information at any time upon
request
for safety reasons by the competent authority of
another Member State.

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3.
Any Member State whose competent authorities have
been informed, pursuant to this Directive or in some other
way, of facts which involve or increase the risk for another
Member State of a hazard being posed to certain shipping areas
and coastal zones, shall take whatever measures are appro-
priate to inform any interested State thereof as soon as
possible and consult it regarding the action being envisaged.
Where appropriate, Member States shall cooperate with a view
to pooling the arrangements for joint action.

Each Member State shall make the necessary arrangements to
use fully the reports which ships are required to transmit to
them pursuant to Article 14.

TITLE IV

ACCOMPANYING MEASURES

Designation and publication of a list of competent bodies

Article 19

1.
Each Member State shall designate the competent auth-
orities, port authorities and coastal stations to which the notifi-
cations required by this Directive must be made.

Each Member State shall ensure that

2.
the shipping
industry is properly informed and regularly updated, notably
via nautical publications, regarding the authorities and stations
designated pursuant to paragraph 1,
including where appro-
priate the geographical area for which they are competent,
and the procedures laid down for notifying the information
required by the Directive.

3. Member States shall send the Commission a list of the
bodies they designate pursuant to paragraph 1, as well as any
updatings thereof.

Article 20

Cooperation between the Member States and the
Commission

The Member States and the Commission shall cooperate

1.
on attaining the following objectives:

(a) making optimum use of the information notified pursuant
to this Directive, notably by developing appropriate
telematic links between coastal stations and port authorities
with a view to exchanging data
relating to ships’
movements, their estimated times of arrival in ports and
their cargo;

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(b) developing and enhancing the effectiveness of

telematic
links between the coastal stations of the Member States
traffic,
with a view to obtaining a clearer picture of
improving the monitoring of
in transit along
European coasts, and harmonising and, as far as possible,
streamlining the reports required from ships en route;

ships

(c) extending the cover of the European monitoring, control
and information system for maritime traffic with a view to
enhanced identification and monitoring of ships sailing in
European waters. To this end, the Member States and the
Commission shall work together to put in place mandatory
reporting systems, mandatory vessel traffic services and,
where necessary, appropriate ships’ routeing systems, with
a view to submitting them to the IMO for approval.

The European Maritime Safety Agency created by Regu-

2.
lation . . ./. . ./EC shall help attain the following objectives:

(cid:151) facilitating cooperation between the Member States and the
Commission to attain the objectives set out in paragraph 1;

(cid:151) promoting cooperation between riparian States in the
shipping areas concerned in the fields covered by this
Directive;

(cid:151) seeing that the shipping industry is better informed of the
requirements and procedures stipulated by this Directive;

(cid:151) collecting and making available to the interested parties the
list of competent bodies designated pursuant to Article 19,
the
an
exemption under Article 12 and ships posing a potential
hazard to shipping referred to in Article 13 and any appro-
priate information for implementing this Directive;

companies

regarding

relevant

granted

data

(cid:151) developing

and

system
necessary for attaining the objectives referred to in the
indents above;

information

operating

any

(cid:151) with a view inter alia to ensuring optimum traffic
conditions in areas of high traffic density or which are
hazardous for shipping, establishing regional centres to
manage the information gathered and utilised pursuant to
this Directive.

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INITIAL PROPOSAL

Article 21

Confidentiality of information

Member States shall take the necessary measures to ensure the
confidentiality of information sent to them pursuant to this
Directive, and must use such information only for
the
purposes of maritime safety and preventing pollution by ships.

Article 22

Monitoring the implementation of the Directive and
penalties

1. Member States shall, by means of regular checks and
unannounced checks, check the functioning of the telematic
systems set up to meet
the Directive,
and in particular their capacity to meet the requirements of
receiving or sending without delay, 24 hours a day, information
notified pursuant to Articles 10 and 12.

the requirements of

law for
2. Member States shall provide in their national
imposed on operators, agents,
financial penalties
shippers, owners of cargo and masters of ships in the event
of infringements of the provisions of this Directive.

to be

The financial penalties referred to in the subparagraph above
must be set at a level high enough to deter the person from
committing or persisting in an infringement.

3. Without prejudice to the other measures needed to apply
the Directive, the financial penalty arrangements introduced by
Member States must
following
apply inter
infringements of the Directive:

to the

alia

(cid:151) failure to make prior announcement of entry into port as

required by Article 4;

(cid:151) failure to report

to a mandatory reporting system as

required by Article 5;

(cid:151) violation of the applicable rules in a ships’ routeing system
or failure to comply with instructions given by a vessel
traffic service designated by a Member State as required
by Article 6;

(cid:151) violation of the applicable rules in a ships’ routeing system
or failure to comply with instructions given by a vessel
traffic service designated by a Member State as required
by Article 6 and 6a;

(cid:151) absence or malfunction of the shipborne automatic identi-
fication system or of the voyage data recorder referred to
in Articles and 8 respectively;

(cid:151) absence or malfunction of the shipborne automatic identi-
fication system or of the voyage data recorder referred to
in Articles 5a and 8 respectively;

(cid:151) failure to declare or incorrect declaration by the shipper

Unchanged

under Article 9;

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(cid:151) violation of

the notification requirements laid down in

Articles 10 and 12;

(cid:151) failure to report an incident, accident or situation at sea as

required by Article 14;

(cid:151) departure from a port in violation of Article 15;

(cid:151) failure to cooperate with the national authorities
minimise the consequences of an accident at
accordance with Article 16.

to
sea in

4. Member States shall, without delay, inform the flag State
and any other State concerned of measures taken in respect of
ships not flying their flag pursuant to Articles 13 and 16 and
to paragraph 2 of this Article.

5. Where a Member State finds, on the occasion of an
accident or incident at sea referred to in Article 16, that the
company has not been able to establish and maintain a link
with the ship or with the operational authorities concerned, it
shall so inform the State which issued the ISM certification, or
on whose behalf it was issued.

Where the seriousness of the failure shows the existence of a
major incidence of non-compliance in the functioning of the
company’s safety management system, the Member State which
issued the certificate of compliance or safety management
certificate to the ship shall
immediately withdraw the ISM
certification from the company concerned.

Article 22a

Evaluation

the
The Commission will evaluate the implementation of
present Directive in accordance with the timetable and
provisions laid down in Annex VI.

Unchanged

FINAL PROVISIONS

Article 23

Amendment procedure

The procedure laid down in Article 24 may be implemented in
order:

(cid:151) for the purposes of this Directive, to apply subsequent
amendments which have entered into force in respect of
the relevant international instruments referred to in Article
2(i),

(cid:151) to amend the requirements and procedures laid down in
the annexes in the light of experience gained with this
Directive.

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Article 24

Regulatory committee

The Commission shall be assisted by a committee
the Member States and

1.
composed of
chaired by a representative of the Commission.

representatives of

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 8 thereof.

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

3.
1999/468/EC is set at three months.

Article 25

Member States shall adopt the laws, regulations and adminis-
trative provisions necessary to comply with this Directive by
1 July 2002 at the latest. 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.

Article 26

Council Directive 93/75/EEC is hereby repealed twenty-four
months after the adoption of this Directive.

Article 27

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

Article 28

This Directive is addressed to the Member States.

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ANNEX I

INFORMATION NOTIFIED BY THE SHIPS REFERRED TO IN TITLE I

1. Information referred to in Article 5

Unchanged

(cid:151) A (cid:151) Ship identification (name, call sign,

IMO identification

number or MMSI number)

(cid:151) C or D: Position

(cid:151) G (cid:151) Port of departure

(cid:151) I (cid:151) Port of destination and estimated time of arrival

(cid:151) P (cid:151) Cargo and, if dangerous goods present on board, quantity

and IMO class

(cid:151) W (cid:151) Total number of persons on board

(cid:151) X (cid:151) Various information:

(cid:151) Address for the communication of cargo information,

(cid:151) Characteristics and estimated volume of bunker fuel,
ships carrying more than 5 000 tonnes of bunker fuel.

for

2. Information referred to in Article

2. Information referred to in Article 5a

(cid:151) Ship identification (name, call sign, IMO identification number

Unchanged

or MMSI number)

(cid:151) Ship type

(cid:151) Position, course, speed and navigational status

(cid:151) Port of departure, port of destination and estimated time of

arrival

(cid:151) Presence on board of dangerous goods: yes/no

(cid:151) If yes, address for the communication of cargo information

3. In the event of a change to the information notified pursuant to this
Annex, the master of the ship must forthwith inform the coastal
authority concerned thereof.

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ANNEX II

PRESCRIPTIONS APPLICABLE TO ON-BOARD EQUIPMENT

I. AUTOMATIC IDENTIFICATION SYSTEMS (AIS)

Unchanged

1. Ships built on or after 1 July 2002

Passenger ships, irrespective of size, and all ships of 300 gross
tonnage and upwards built on or after 1 July 2002 which call at a
port
to the carrying
requirement laid down in Article 7.

located in the Community are subject

2. Ships built prior to 1 July 2002

Ships built prior to 1 July 2002 which call at a port located in
the Community are subject
laid
down in Article 7 according to the following timetable:

to the carrying requirement

(cid:151) passenger ships: not later than 1 July 2003;

(cid:151) tankers: not later than the first survey for safety equipment

after 1 July 2003;

(cid:151) ships, other than passenger ships and tankers, of 50 000
gross tonnage and upwards: not later than 1 July 2004;

(cid:151) ships, other than passenger ships and tankers, of 10 000 gross
tonnage and upwards but less than 50 000 gross tonnage: not
later than 1 July 2005;

(cid:151) ships, other than passenger ships and tankers, of 3 000 gross
tonnage and upwards but less than 10 000 gross tonnage: not
later than 1 July 2006;

(cid:151) ships, other than passenger ships and tankers, of 300 gross
tonnage and upwards but less than 3 000 gross tonnage: not
later than 1 July 2007.

II. VOYAGE DATA RECORDER ((cid:145)BLACK BOX(cid:146))

Ships in the following classes must, inasmuch as they call at a port the
Community, be fitted with a voyage data recorder meeting the
performance standards of IMO Resolution A.861(20) and the testing
standards set by Standard No 61996 of the International Electronics
Commission (IEC):

Ships in the following classes must, inasmuch as they call at a port of a
Member State of the Community, be fitted with a voyage data recorder
system meeting the performance
IMO Resolution
A.861(20) and the testing standards set by Standard No 61996 of
the International Electronics Commission (IEC):

standards of

(cid:151) passenger ships built on or after 1 July 2002, not later than the

Unchanged

date on which this Directive enters into force,

(cid:151) ro-ro passenger ships built before 1 July 2002, not later than the

first survey on or after 1 July 2002;

(cid:151) passenger ships built before 1 July 2002, not later than 1 January

(cid:151) passenger ships other than ro-ro passenger ships built before 1 July

2004,

2002, not later than 1 January 2004,

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(cid:151) ships, other than passenger ships, of 3 000 gross tonnage and
upwards, built on or after 1 July 2002, not later than the date
on which this Directive enters into force.

Unchanged

Ships in the following classes and built before 1 July 2002 must,
inasmuch as they call at a port of a Member State of the Community,
be fitted with a voyage data recorder system meeting the relevant IMO
standards:

(cid:151) cargo ships of 20 000 gross tonnage and upwards, not later than

1 January 2007,

(cid:151) cargo ships of 20 000 gross tonnage and upwards, not later than
the date fixed by the IMO, or, in the absence of a decision in IMO,
not later than 1 January 2007,

(cid:151) cargo ships of not later than 1 January 2008.

(cid:151) cargo ships of of 3 000 gross tonnage and upwards but less than
20 000 gross tonnage, not later than the date fixed by the IMO, or,
in the absence of a decision in IMO, not later than 1 January 2008.

Member States may exempt passenger ships engaged only in domestic
voyages in sea areas other than those covered by Class A, as referred to
in Article 4 of Council Directive 98/18/EC from the voyage data
recorder requirements laid down in the present Directive.

INITIAL PROPOSAL

ANNEX III

INFORMATION TO BE NOTIFIED PURSUANT TO ARTICLE 10

1. Ship identification (name, call sign and, where appropriate, IMO identification number)

2. Port of destination

3. Time of departure of a ship leaving a port in a Member State (Article 10(1))

4. Estimated time of arrival at the port of destination or pilot station, as required by the competent authority, and

estimated time of departure from that port (Article 10(2))

5. The correct technical names of the dangerous or polluting goods, the United Nations (UN) numbers where they exist,
the IMO hazard classes in accordance with the IMDG, IBC and IGC Codes and, where appropriate, the class of the
ship as defined by the INF Code, the quantities of such goods and their location on board and, if they are being
carried in haulage units other than tanks, the identification numbers thereof

6. Confirmation that a list or manifest or appropriate loading plan giving details of the dangerous or polluting goods

carried and of their location on the ship is on board

7. Address from which details of the cargo may be obtained

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ANNEX IV

EDIFACT ELECTRONIC MESSAGES

The EDIFACT messages referred to in Article 10(4) are as follows:

(cid:151) MOTREQ ((cid:145)Vessel Data Request(cid:146)): message sent where information is required concerning both a specific ship and

the dangerous or polluting goods on board;

(cid:151) APERAK ((cid:145)Application Acknowledgement(cid:146)): message indicating that data relating to the ship concerned are available

and will be sent, or that they are not available;

(cid:151) VESDEP ((cid:145)Vessel Movement Data(cid:146)): message giving detailed information regarding the voyage of the ship concerned;

(cid:151) IFTDGN ((cid:145)Hazardous Cargo Data(cid:146)): message specifying the nature of the dangerous or polluting cargo being carried;

(cid:151) BAPLIE ((cid:145)Bayplan(cid:146)): message supplying information on the location of goods on board the ship.

ANNEX V

MEASURES AVAILABLE TO MEMBER STATES IN THE EVENT OF A THREAT TO MARITIME SAFETY AND
THE PROTECTION OF THE ENVIRONMENT

(pursuant to Article 16(1))

Where, following an incident or circumstance of the type described in Article 14 affecting a ship falling within the scope
of this Directive, the competent authority of the Member State concerned deems, within the framework of international
law, that it is necessary to avert, lessen or remove a serious and imminent threat to its coastline or related interests, the
safety of other ships and their crews and passengers or of persons on shore or to protect the marine environment, that
authority may, inter alia:

(cid:151) restrict the movements of the ship or direct it to follow a specific course. This requirement does not affect the

master’s responsibility for the safe handling of his ship,

(cid:151) give official notice to the master of the ship to put an end to the threat to the environment or maritime safety,

(cid:151) send an evaluation team aboard the ship to assess the degree of risk, help the master to remedy the situation and

keep the competent coastal station informed thereof,

(cid:151) instruct the master to put in at a port of refuge in the event of imminent peril, or cause the ship to be piloted or

towed.

C 362 E/280

EN

Official Journal of the European Communities

18.12.2001

AMENDED PROPOSAL

ANNEX VI

EVALUATION OF THE IMPLEMENTATION OF THE DIRECTIVE

1. In accordance with Article 22a, Member States shall provide the Commission with all necessary information to
enable a proper evaluation of the Directive, within 6 months following a written request by the Commission.

2. On the basis of the information provided for in paragraph 1, the Commission shall report to the European
Parliament and the Council on the implementation of the Directive, including an assessment of the efficiency of
the Community ship reporting and information system. The report shall also include a description of possible
measures at Community level, and if appropriate at international
level, to improve or extend the Community
ship reporting and information system. The report shall investigate, inter alia:

(cid:151) whether progress is needed or desirable on the internationally applicable standards and specifications of
automatic identification systems as referred to in Article 5a, as well as their implementation, more particularly
as regards AIS information and the range of communication,

(cid:151) whether the Member States have put in place the appropriate equipment and shore-based installations and are

effectively capable of exchanging information as required by the Directive,

(cid:151) whether the measures provided for in Article 17 are adequate to guarantee the accommodation of ships in
distress in the places of refuge designated by Member States, whether it should be appropriate to improve the
network of places of refuge within the Community and whether there is a need for other measures to
complement or strengthen the regime in place,

(cid:151) whether the relevant provisions of the Directive have been effectively applied during incidents or accidents at sea
and have helped in improving the response of the authorities concerned, whether in these circumstances ships’
operators and masters have complied with the requirements to establish and maintain a link and a proper
cooperation with the shore-based authorities and the companies.

(cid:151) whether the inspections, checks and sanctions referred to in this Directive are applied in an effective and uniform

manner throughout the Community.

3. The evaluation provided for in Paragraph 2 shall be carried out in accordance with the following calendar:

1.

Interim report:

(a) provision of information by the Member States to the Commission, in accordance with paragraph 1: at the latest

three years from the date referred to in Article 25,

(b) interim report to the European Parliament and the Council: at the latest six months after having received the

reports from the Member States in accordance with (a).

2.

Comprehensive report:

(a) provision of information by the Member States to the Commission, in accordance with paragraph 1: at the latest

by 31 December 2009,

(b) comprehensive report to the European Parliament and the Council, together with draft measures to be taken, if

appropriate: at the latest by 1 July 2010.