Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers (Text with EEA relevance)
Date: 2001-12-04
Institutions: Council of the European Union, European Parliament
Subjects: accident prevention, load, maritime safety, occupational safety, vessel

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DIRECTIVE 2001/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 4 December 2001

establishing harmonised requirements and procedures for the safe loading and unloading of bulk
carriers

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

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

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

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.

Assessments of the causes of bulk carrier casualties indi-
cate that loading and unloading of 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 meas-
ures aimed at reducing the risk of structural damage and
losses due to improper loading and unloading opera-
tions.

At international level, the International Maritime Organ-
isation (the ‘IMO’), through a number of Assembly Reso-
lutions, has adopted recommendations on the safety of
interface issues in
bulk carriers addressing ship/port
general and loading and unloading operations in partic-
ular.

By Assembly Resolution A.862(20), the IMO adopted a
Code of Practice for the Safe Loading and Unloading of
Bulk Barriers (‘the BLU Code’), and urged contracting

(1) OJ C 311 E, 31.10.2000, p. 240 and
OJ C 180 E, 26.6.2001, p. 273.

(2) OJ C 14, 16.1.2001, p. 37.
(3) Opinion of the European Parliament of 13 February 2001 (OJ C
276, 1.10.2001, p. 38), Council Common Position of 27 June 2001
(not yet published in the Official Journal) and Decision of the Euro-
pean Parliament of 25 October 2001 (not yet published in the Offi-
cial Journal).

(5)

(6)

(7)

(8)

this Code at

the earliest
governments to implement
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 so that a number of key principles neces-
sary for the implementation of
this Code could be
enforced.

The impact of loading and unloading operations on bulk
carrier safety, in view of the global character of trade in
dry cargo in bulk, has transboundary implications. The
development of action to prevent the foundering of bulk
carriers due to improper loading and unloading practices
is therefore best done at Community level by estab-
lishing harmonised requirements and procedures to
implement the IMO recommendations laid down in the
Assembly Resolution A.862(20) and the BLU Code.

and procedures

In view of the subsidiarity principle set out in Article 5
of the Treaty, a Directive is the appropriate legal instru-
ment as it provides a framework for the Member States'
the require-
uniform and compulsory application of
ments
loading and
for
unloading of bulk carriers, while leaving each Member
State the right to decide which implementation tools
best fit its internal system. In accordance with the prin-
this Directive does not go
ciple of proportionality,
beyond what is necessary for the objectives pursued.

safe

the

The safety of bulk carriers and their crews can be
enhanced by reducing the risks of improper loading and
unloading at dry bulk cargo terminals. This can be
implemented by establishing harmonised procedures for
cooperation and communication between ship and
terminal and by laying down suitability requirements for
ships and terminals.

In the interests of enhancing bulk carrier safety and
the harmonised
avoiding distortion of competition,
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, under normal
circumstances, such carriers call
for the purpose of
loading or unloading solid bulk cargoes.

(9)

(10)

(11)

(12)

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terminals for the loading or
Bulk carriers calling at
unloading of solid bulk cargoes should be suitable for
that purpose. Equally, terminals should also be suitable
for receiving and loading or unloading visiting bulk
carriers. For these purposes suitability criteria have been
established in the BLU Code.

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. The safety-related action of
the
competent authorities should not be dependent on
interests related to terminals.
commercial

Terminals should, in the interests of enhancing coopera-
tion and communication with the ship's master on
matters relating to the loading and unloading of solid
bulk cargoes, appoint a terminal representative respon-
sible for such operations in the terminal and make infor-
mation books with the terminal's and port's require-
ments available to the masters. There are,
for this
purpose, provisions in the BLU Code.

The development, implementation and maintenance of a
quality management system by the terminals would
ensure that the cooperation and communication proced-
ures and the actual
loading and unloading by the
terminal are planned and executed in accordance with a
harmonised framework that is internationally recognised
and auditable. In view of its international recognition,
the quality management system should be compatible
with the ISO 9000 series of standards adopted by the
International Standardisation Organisation. To allow
new terminals sufficient time to achieve the relevant
certification, it is important to ensure that a temporary
authorisation to operate is available to them for a
limited period of time.

For the purpose of ensuring that loading and unloading
operations are carefully prepared, agreed and conducted
in order to avoid endangering the safety of the ship or
crew, the responsibilities of the master and the terminal
representative should be laid down. To this end, relevant
provisions can be found in the 1974 International
Convention for the Safety of Life at Sea (1974 SOLAS
Convention), IMO Assembly Resolution A.862(20) and
the BLU Code. For the same purpose, procedures for the
preparation, agreement and conduct of
loading or
unloading operations can be based on the provisions of
those international

instruments.

(13)

In the general interests of the Community, in deflecting
sub-standard shipping from its ports,
the terminal
representative should notify apparent deficiencies on
board a bulk carrier which could prejudice the safety of
loading or unloading operations.

(14)

It is necessary that the competent authorities of the
Member States prevent or halt loading or unloading
operations whenever they have clear indications that
ship or crew safety is endangered by these operations.

(15)

(16)

(17)

(18)

(19)

It is necessary to lay down procedures for the purpose of
reporting damage to ships incurred during loading or
unloading operations to the appropriate bodies, such as
the relevant classification societies, and of repairing such
damage 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 consultation with
the administration of
the
technical expertise necessary to take such a decision, the
authorities should have the right to call upon a recog-
nised organisation to inspect the damage and to advise
them on any need for repairs.

the flag State.

In view of

Enforcement of this Directive should be enhanced by
efficient monitoring and verification procedures in the
Member States. Reporting the results of this monitoring
effort will provide valuable information on the effective-
ness of the harmonised requirements and procedures
laid down in this Directive.

In IMO Assembly Resolution A.797(19) of 23
November 1995 on the safety of ships carrying solid
bulk cargoes it is requested that port State authorities
submit confirmation that loading and unloading termi-
nals for solid bulk cargoes comply with the IMO Codes
and recommendations on ship/shore cooperation. Noti-
fication of the adoption of this Directive to the IMO will
provide an appropriate response to this request and a
clear signal to the international maritime community
that the Community is committed to supporting the
efforts undertaken at international level to enhance the
safe loading and unloading of bulk carriers.

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

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 this Directive and for the
implementation of the procedures laid down in this
Directive, without broadening its scope.

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

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(20)

Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in
the safety and health of workers at work (1) and its
relevant individual Directives are applicable to the work
relating to the loading and unloading of bulk carriers,

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 Member States 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. harmonised suitability requirements for those ships and

terminals; and

2.

3.

4.

‘1974 SOLAS Convention’ shall mean the International
Convention for the Safety of Life at Sea, together with the
Protocols and amendments
in force on 4
December 2001;

thereto,

‘BLU Code’ 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 it stands on 4 December 2001;

‘bulk carrier’ shall bear the meaning given to it in Regula-
tion IX/1.6 of the 1974 SOLAS Convention and inter-
preted by Resolution 6 of the 1997 SOLAS Conference,
namely:

— a ship constructed with single deck, top-side tanks and
and intended

hopper-side
primarily to carry dry cargo in bulk, or

in cargo paces

tanks

— 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

2. harmonised procedures for cooperation and communication

between those ships and terminals.

— a combination carrier as defined in Regulation II-2/

3.27 of the 1974 SOLAS Convention;

Article 2

Scope

This Directive shall apply to:

1. all bulk carriers,

their flag, calling at a
terminal for the loading or unloading of solid bulk cargoes;
and

irrespective of

2. all terminals in the Member States visited by bulk carriers

falling under the scope of this Directive.

Without prejudice to the provisions of Regulation VI/7 of the
1974 SOLAS Convention, this Directive shall not apply to
facilities that only in exceptional circumstances are used for
loading and unloading dry cargo in bulk into or from bulk
carriers, and shall not apply in cases where the loading or
unloading is carried out solely with the equipment of the bulk
carrier concerned.

Article 3

Definitions

5.

‘dry cargo in bulk’ or ‘solid bulk cargo’ shall mean solid
bulk cargo as defined in Regulation XII/1.4 of the 1974
SOLAS Convention, excluding grain;

6.

‘grain’ shall bear the meaning given to it in Regulation
VI/8.2 of the 1974 SOLAS Convention;

7.

8.

9.

‘terminal’ 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;

‘terminal operator’ shall mean the owner of a terminal, or
any organisation or person to whom the owner has trans-
ferred the responsibility for loading or unloading opera-
tions conducted at
for a particular bulk
the terminal
carrier;

‘terminal representative’ shall mean any person appointed
by the terminal operator, who has the overall responsi-
bility for, and authority to, control the preparation, the
conduct and the completion of
loading or unloading
operations conducted by the terminal for a particular bulk
carrier;

For the purposes of this Directive:

1.

‘international conventions’ shall mean the conventions in
force on 4 December 2001, as defined in Article 2(1) of
Council Directive 95/21/EC (2);

(1) OJ L 183, 29.6.1989, p. 1.
(2) Council Directive 95/21/EC of 19 June 1995 concerning the
enforcement,
in respect of shipping using Community ports and
sailing in the waters under the jurisdiction of the Member States, of
international standards for ship safety, pollution prevention and
shipboard living and working conditions (port State control) (OJ L
157, 7.7.1995, p. 1). Directive as last amended by Commission
Directive 1999/97/EC (OJ L 331, 23.12.1999, p. 67).

10.

‘master’ 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;

11.

‘recognised organisation’ shall mean an organisation recog-
nised in accordance with Article 4 of Council Directive
94/57/EC (3);

(3) Council Directive 94/57/EC of 22 November 1994 on common
rules and standards for ship inspection and survey organisations and
for the relevant activities of maritime administrations (OJ L 319,
12.12.1994, p. 20). Directive as amended by Commission Directive
97/58/EC (OJ L 274, 7.10.1997, p. 8).

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12.

‘administration of the flag State’ shall mean the competent
authorities of the State whose flag the bulk carrier is
entitled to fly;

13.

‘port State control authority’ shall mean the competent
authority of a Member State empowered to apply the
control provisions of Directive 95/21/EC;

14.

‘competent authority’ shall mean a national, regional or
local public authority in the Member State empowered by
national legislation to implement and enforce the require-
ments of this Directive;

15.

‘cargo information’ shall mean the cargo information
required by Regulation VI/2 of the 1974 SOLAS Conven-
tion;

16.

‘loading or unloading plan’ 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;

17.

‘ship/shore safety checklist’ 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.

‘solid bulk cargo density declaration’ shall mean the infor-
mation on the density of the cargo to be provided in
compliance with Regulation XII/10 of the 1974 SOLAS
Convention.

4. a quality management system is developed,

implemented
and maintained. Such quality management system shall be
certified in accordance with the ISO 9001:2000 standards
or an equivalent standard fulfilling at least all aspects of ISO
9001:2000, and it shall be audited in accordance with the
guidelines of the ISO 10011:1991 or equivalent standard
fulfilling all aspects of
ISO 10011:1991. Directive 98/
34/EC (1) shall be complied with in relation to the said
equivalent standards.

A transitional period of three years from the entry into
force of this Directive shall be granted to set up the quality
management system and one additional year to obtain the
certification of the system.

Article 6

Temporary authorisation

By way of derogation from the requirements of Article 5(4), a
temporary authorisation to operate, valid for no more than 12
months, may be issued by the competent authority for newly
established terminals. The terminal must however demonstrate
its plan to implement a quality management system in accord-
ance with the ISO 9001:2000 standard or equivalent standard,
as set out in Article 5(4).

Article 4

Responsibilities of masters and terminal representatives

Article 7

Requirements in relation to the operational suitability of
bulk carriers

Member States shall make the necessary arrangements to
ensure that terminal operators are satisfied with the operational
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 satisfy themselves that terminal operators
ensure that, as concerns terminals for which they assume
responsibilities under this Directive:

1. the terminals comply with the provisions of Annex II;

2. terminal representative(s) is (are) appointed;

3.

information books are prepared containing the require-
ments of the terminal and competent authorities and infor-
mation on the port and terminal as listed in Appendix 1,
paragraph 1.2, of the BLU Code, and that these books are
made available to the masters of bulk carriers calling at the
terminal for loading or unloading solid bulk cargoes; and

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

1. Responsibilities of the master:

(a) the master shall be responsible at all times for the safe
loading and unloading of the bulk carrier under his
command;

(b) the master shall, well in advance of the ship's estimated
time of arrival at the terminal, provide the terminal with
the information set out in Annex III;

(c) before any solid bulk cargo is loaded, the master shall
ensure that he has received the cargo information
required by Regulation VI/2.2 of
the 1974 SOLAS
Convention, and, where required, a solid bulk cargo
density declaration. This information shall be contained
in a cargo declaration form as set out in Appendix 5 of
the BLU Code;

(d) prior to the start of and during loading or unloading the
master shall discharge the duties listed in Annex IV.

(1) Directive 98/34/EC of the European Parliament and of the Council
of 22 June 1998 laying down a procedure for the provision of
information in the field of technical standards and regulations and
of rules on Information Society services (OJ L 204, 21.7.1998, p.
37). Directive as amended by Directive 98/48/EC (OJ L 217,
5.8.1998, p. 18).

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2. Responsibilities of the terminal representative:

(a) upon receipt of the ship's initial notification of its esti-
mated time of arrival, the terminal representative shall
provide the master with the information mentioned in
Annex V;

(b) 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;

(c) the terminal representative shall without delay notify the
master and the port State control authority of apparent
deficiencies he has noted 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 duties
listed in Annex VI.

Article 8

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.

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 2 of the BLU Code, it shall contain the
IMO number of the bulk carrier concerned, and the master
and the terminal representative shall confirm their agree-
ment to the plan by signing it.

Any change to the plan, which according to either party
may affect
the vessel or crew, shall be
prepared, accepted and agreed by both parties in the form
of a revised plan.

the safety of

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 for the purpose of any necessary
verification by the competent authorities.

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 4 of the BLU Code.

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 compli-
ance 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 as
regards the hold order, quantity and rate of loading or
unloading stated on that plan. He 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 changes. 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 and shall record any damage suffered
by the ship and any repairs carried out.

Article 9

Role of the competent authorities

1. Without prejudice to the rights and obligations of the
master provided under Regulation VI/7.7 of the 1974 SOLAS
Convention, Member States shall ensure that their competent
authorities prevent or halt the loading or unloading of solid
bulk cargoes whenever they have clear indications that the
safety of the ship or crew would be endangered thereby.

2.
In cases where the competent authority is informed of
disagreement between the master and the terminal repres-
entative as to the application of the procedures provided for in
Article 8, the competent authority shall intervene where this is
required in the interests of safety and/or the marine environ-
ment.

Article 10

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.

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

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For the purpose of taking the decision referred to in
3.
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.

Article 14

Regulatory Committee

This Article applies without prejudice to Directive

4.
95/21/EC.

The Commission shall be assisted by the committee set
to Article 12(1) of Council Directive 93/

1.
up pursuant
75/EEC (1), hereinafter referred to as ‘the Committee’.

Article 11

Verification and reporting

shall

regularly verify that

1. Member States
terminals
comply with the requirements of Article 5(1), Article 7(2) and
Article 8. The procedure of verification shall
include the
carrying-out of unannounced inspections during loading or
unloading operations.

In addition, Member States shall verify that terminals comply
with the requirements of Article 5(4), at the end of the period
provided for therein, and for newly established terminals at the
end of the period provided in Article 6.

2. Member States shall provide the Commission every three
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 transmitted at the latest by
30 April of the year following the period of three calendar
years upon which it reports.

Article 12

Evaluation

The Commission shall submit an evaluation report on the
operation 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 Article 11(2). This
report shall also include an assessment of whether it is neces-
sary to continue the reporting by the Member States referred to
in Article 11(2).

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 15

Amendment procedure

1.
The definitions in points 1 to 6 and 15 to 18 of Article 3,
the references to 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 14(2), in order to bring them into line with inter-
national 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.
The procedure referred to in Article 14(2) shall apply
when amending Article 8 and the Annexes for the implementa-
tion of the procedures laid down in this Directive, and when
amending or repealing the reporting obligations referred to in
Articles 11(2) and 12, provided that such provisions do not
broaden the scope of this Directive.

Article 16

Penalties

Article 13

Notification to the IMO

The Member States shall lay down the rules on penalties applic-
able to infringements of
the national provisions 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 Presidency of the Council, acting on behalf of the Member
States, and the Commission shall jointly inform the IMO of the
adoption of this Directive, whereby reference shall be made to
paragraph 1.7 of the Annex to IMO Resolution A.797(19).

(1) Council Directive 93/75/EEC of 13 September 1993 concerning
minimum requirements for vessels bound for or leaving Community
ports and carrying dangerous or polluting goods
(OJ L 247,
5.10.1993, p. 19). Directive as last amended by Commission Direc-
tive 98/74/EC (OJ L 276, 13.10.1998, p. 7).

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Article 17

Implementation and application

Article 18

Entry into force

1. Member States shall adopt and publish, before 5 August
2003, the provisions necessary to comply with this Directive.
They shall forthwith inform the Commission thereof.

They shall apply those provisions from 1 March 2004.

those provisions,

When Member States adopt
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.

2. Member States shall notify to the Commission the provi-
sions of
in the field
governed by this Directive.

law which they adopt

their national

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

Article 19

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 4 December 2001.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

D. REYNDERS

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ANNEX I

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

(as referred to in Article 4)

Bulk carriers calling in terminals in the Member States for the loading or unloading of solid bulk cargoes shall be checked
for compliance with the following 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 or unloading.

6. Propulsion and auxiliary machinery shall be in good functional order.

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

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. Terminals shall 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 the berth, maximum
size of the ship, mooring arrangements, fendering, safe access and possible obstructions to loading or unloading
operations.

2. Terminal loading and unloading equipment shall be properly certified and maintained in good order, in compliance
with the relevant regulations and standards, and only operated by duly qualified and, if appropriate, certified personnel.

3. 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.

4. Terminal personnel

involved in the loading and unloading operations shall be provided with and use personnel

protective equipment and shall be duly rested to avoid accidents due to fatigue.

16.1.2002

EN

Official Journal of the European Communities

L 13/17

ANNEX III

INFORMATION TO BE PROVIDED BY THE MASTER TO THE TERMINAL

(as referred to in Article 7(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.

L 13/18

EN

Official Journal of the European Communities

16.1.2002

ANNEX IV

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

(as referred to in Article 7(1)(d))

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 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, he agrees with the terminal representative on the times at which loading
may need to 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.

16.1.2002

EN

Official Journal of the European Communities

L 13/19

ANNEX V

INFORMATION TO BE PROVIDED BY THE TERMINAL TO THE MASTER

(as referred to in Article 7(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 — in the case of unloading — 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.

18. 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 advice. Information on minimum water depth in approach and
departure channels shall be provided by the terminal or the competent authority, as appropriate.

L 13/20

EN

Official Journal of the European Communities

16.1.2002

ANNEX VI

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

(as referred to in Article 7(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. ensure the ship is kept upright or, if a list is required for operational reasons, it shall be kept as small as possible.

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

ship.

5.

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 holds.

6. 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.

7. 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.

8. ensure that the cargo is trimmed, when loading or unloading, to the master's requirements.

9. 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.

10.

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.

11. 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.