Common Position (EC) No 15/2002 of 19 December 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC
Date: 2001-12-19
Institutions: Council of the European Union
Subjects: data collection, indemnification, maritime safety, maritime transport, oil pollution

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COMMON POSITION (EC) No 15/2002

adopted by the Council on 19 December 2001

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council of
. . . establishing a Community vessel traffic monitoring and information system and repealing
Council Directive 93/75/EEC

(2002/C 58 E/03)

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
Committee (2),

the Economic and Social

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure indicated in Article
251 of the Treaty (4),

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.

authorities

(2) 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 (5)
introduced a system whereby the
information regarding
competent
ships bound for or
leaving a Community port and
carrying dangerous or polluting goods, and regarding
incidents at sea. That Directive requires the Commission
to produce new proposals for the introduction of a fuller
reporting system for the Community, possibly covering
ships transiting along the coasts of Member States.

receive

(1) OJ C 120 E, 24.4.2001, p. 67.
(2) OJ C 221, 7.8.2001, p. 45.
(3) OJ C 357, 14.12.2001, p. 1.
(4) Opinion of the European Parliament of 14 June 2001 (not yet
published in the Official
Journal), Council Common Position of
19 December 2001 and Decision of the European Parliament of
. . . (not yet published in the Official Journal).
(5) OJ L 247, 5.10.1993, p. 19. Directive as

last amended by

Commission Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).

(3) The Council resolution of 8 June 1993 on a common
policy on safe seas (6) agreed that the main objectives of
Community action included the adoption of a fuller
information system.

(4) Setting up a Community vessel traffic monitoring and
information system should help to prevent accidents and
pollution at sea and to minimise their impact on the
marine and coastal 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 ships comply with the
reporting requirements in force under these systems.

(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 vessel traffic services and that
they follow the
routing
systems approved by the IMO.

applicable

to ships’

rules

(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
should be made
such equipment
shipping accidents,
compulsory on board ships making national or inter-
national voyages which call at Community ports. The
data provided by a VDR system can be used both after
an accident to investigate its causes and preventively to
learn the necessary lessons from such situations. Member
States should encourage the use of such data for both
purposes.

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

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(8) Member States should ensure that the coastal stations of
the competent authorities have available,
in addition to
appropriate technical equipment, sufficient and properly
qualified staff.

(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.

(9) Accurate knowledge of dangerous or polluting goods
being carried on board ships and of other
relevant
safety information, such as information relating 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
information to the
States’ ports must notify
competent
those
authorities of
Member States.

this
authorities or port

(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, whenever prac-
ticable, electronically to the competent authority or port
authority concerned. For the same reasons, exchanges of
information between the competent authorities of
the
Member States should take place electronically.

(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 two or
more States, of which at least one is a Member State,
from the reporting requirement for each voyage.

risks

(12) Because of their behaviour or condition, some ships pose
shipping and the
safety of
to the
potential
environment. Member
should pay particular
States
attention to the monitoring of such ships, take the appro-
priate measures 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. Such
appropriate measures could be measures provided for by
port State control activities.

(13) Member States need to guard against

the threats to
maritime safety, to the safety of individuals and to the
marine and coastal environment created by incidents,
accidents or certain other situations at sea and by the
presence of polluting slicks or packages drifting at sea.
To this end, masters of ships sailing within Member
States’ search and rescue region/exclusive economic zone
or equivalent, should report such occurrences to the
coastal authorities, supplying all appropriate information.
their specific situation, Member States
In the light of
should be given flexibility in choosing which of
the
abovementioned geographical areas should be covered
by the reporting obligation.

(15) Where a Member State considers, upon a sea state and
weather forecast provided by a qualified meteorological
information service, that exceptionally bad weather and
the
sea conditions are creating a serious
safety of human life or of pollution,
it may take any
appropriate measures, which might include a prohibition
to leave port, until the situation returns to normal. In case
it may
of a possible risk to safety or of pollution,
recommend ships not to leave the ports. If the master
chooses to leave the port, he/she does so in any case
under his/her own responsibility.

threat

for

(16) Non-availability of a place of refuge may have serious
consequences
sea.
Member States should therefore draw up plans whereby
ships in distress may, if the situation so requires, be given
refuge in the best conditions possible.

event of an accident at

in the

(17) A framework for cooperation between the Member States
and the Commission needs to be established to enhance
the implementation of the monitoring and information
system for maritime traffic, with proper communication
links being established between the competent authorities
and ports of the Member States. Moreover, the coverage
of the ship identification and monitoring system needs to
the
be
Community where
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 this Directive. The
Member
also
endeavour to cooperate with third countries to achieve
these objectives.

the Commission should

supplemented in those

shipping
insufficient.

areas of

States

and

In

is

it

(18) The effectiveness of this Directive depends greatly on the
Member States enforcing its implementation strictly. To
this end, Member States must regularly carry out appro-
priate inspections or any other action required to ensure
that
the
the communication links established to meet
requirements of this Directive are operating satisfactorily.
A system of sanctions should also be introduced to ensure
that the parties concerned comply with the reporting and
equipment-carrying requirements
laid down by this
Directive.

(19) 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
implementing powers
the exercise of
conferred on the Commission (1).

for

(1) OJ L 184, 17.7.1999, p. 23 (corrigendum in OJ L 269, 19.10.1999,

p. 45).

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(20) Certain provisions of this Directive may be amended by
that procedure so as to take account of the development
of Community and international
instruments and of
experience gained in implementing this Directive, insofar
as such amendments do not broaden the scope of the
Directive. A useful tool for the Commission to evaluate
the experience gained in implementing the Directive is an
adequate reporting by Member States on such implemen-
tation.

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

use on board ships.

Article 3

Definitions

For the purpose of this Directive:

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

(a) Relevant

international

instruments means

the

following

instruments:

(22) Since the objectives of the proposed action, namely the
enhancing of the safety and efficiency of maritime traffic,
cannot be sufficiently achieved by the Member States and
can therefore, by reason of the scale or effects of the
proposed action, be better achieved at Community level,
the Community may adopt measures, in accordance with
the principle of subsidiarity as set out in Article 5 of the
Treaty.
In accordance with the principle of propor-
tionality, as set out in that Article, this Directive does
not go beyond what
is necessary in order to achieve
those objectives,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to establish in the Community
a vessel traffic monitoring and information system with a view
to enhancing the safety and efficiency of maritime traffic,
improving the response of authorities to incidents, accidents
or potentially dangerous situations at sea, including search and
rescue operations, and contributing to a better prevention and
detection of pollution by ships.

Member States shall monitor and take all necessary and appro-
priate measures to ensure that the masters, operators or agents
of ships, as well as shippers or owners of dangerous or
polluting goods carried on board such ships, comply with
the requirements under this Directive.

Article 2

Scope

This Directive applies to ships of 300 gross tonnage and

1.
upwards, unless stated otherwise.

2.

This Directive shall not apply to:

(a) warships, naval auxiliaries and other

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

(b) fishing vessels, traditional ships and recreational craft with

a length of less than 45 metres;

(cid:151) MARPOL means the International Convention for the
Prevention of Pollution from Ships, 1973 and the 1978
Protocol thereto,

(cid:151) SOLAS 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) SAR Convention means the International Convention on

Maritime Search and Rescue, 1979,

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

Code,

(cid:151) IMDG Code means

the

International Maritime

Dangerous Goods Code,

(cid:151) IBC Code means the IMO International Code for the
Ships Carrying

Equipment of

Construction and
Dangerous Chemicals in Bulk,

(cid:151) IGC Code means the IMO International Code for the
Ships Carrying

Equipment of

Construction and
Liquefied Gases in Bulk,

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

Bulk Cargoes,

(cid:151) INF Code 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) IMO Resolution A.851(20) means

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

involving

incidents

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(b) Operator means the owner or manager of a ship;

(c) Agent means any person mandated or authorised to supply

information on behalf of the operator of the ship;

(d) Shipper 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;

(e) Company means a company within the meaning of Regu-
lation 1(2) of Chapter IX of the SOLAS Convention;

(m) Place of refuge 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;

(n) Coastal station 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 for coordinating search and rescue
operations or operations to tackle pollution at sea;

shore-based installation responsible

for

a

(f)

Ship means any sea-going vessel or craft;

(g) Dangerous goods means:

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

(o) Vessel

traffic service (VTS) means a service designed to
improve the safety and efficiency of vessel traffic and to
protect
the environment, which has the capability to
interact with the traffic and to respond to traffic situations
developing in the VTS area;

(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.

(p) Ship’s routing system means any system of one or more
routes or routing measures aimed at reducing the risk of
casualties; it includes traffic separation schemes, two-way
routes, recommended tracks, areas to be avoided, inshore
traffic
and
deep-water routes;

roundabouts, precautionary

zones,

areas

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;

(q) Traditional ships means all kinds of historical ships and
their replicas including those designed to encourage and
promote traditional skills and seamanship, that together
serve as living cultural monuments, operated according
to traditional principles of seamanship and technique;

(h) Polluting goods means:

(cid:151) oils as defined in Annex I to the MARPOL Convention,

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

MARPOL Convention,

(cid:151) harmful substances as defined in Annex III

to the

MARPOL Convention;

(i) Cargo transport unit means a road freight vehicle, a railway
freight wagon, a freight container, a road tank vehicle, a
railway wagon, or portable tank;

(j) Address 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;

(k) Competent authorities means the authorities and organi-
sations designated by Member States to receive and pass
on information reported pursuant to this Directive;

(l)

Port authority means the competent authority or body
to receive
designated by Member States for each port
and pass on information reported pursuant
to this
Directive;

(r) Casualty means a casualty within the meaning of the IMO
the investigation of marine casualties and

Code for
incidents.

TITLE I

SHIP REPORTING AND MONITORING

Article 4

Notification prior to entry into ports of the Member
States

1.
The operator, agent or master of a ship bound for a port
of a Member State shall notify the information in Annex I(1) to
the port authority:

(a) at least twenty-four hours in advance, or

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

the voyage time is less than twenty-four hours, or

(c)

if the port of call is not known or it is changed during the
voyage, as soon as this information is available.

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Ships coming from a port outside the Community and
2.
bound for a port of a Member State carrying dangerous or
polluting goods, shall comply with the notification obligations
of Article 13.

all information necessary for the safe and effective use of the
ship’s routing system.

Article 5

Monitoring of ships entering the area of mandatory ship
reporting systems

1.
The Member State concerned shall monitor and take all
necessary and appropriate measures to ensure that all ships
entering the area of a mandatory ship reporting system,
adopted by the IMO according to Regulation 11 Chapter V
of
the SOLAS Convention 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 reporting the information required
without prejudice to additional
information required by a
Member State in accordance with IMO Resolution A.851(20).

2. When submitting a new mandatory ship reporting system
to the IMO for adoption or a proposal to amend an existing
reporting system, a Member State shall include in its proposal
at least the information referred to in Annex I(4).

Article 6

Use of automatic identification systems

1.
Any ship calling at a port of a Member State must, in
accordance with the timetable set out in Annex II(I), be fitted
with an AIS which meets the performance standards drawn up
by the IMO.

Ships fitted with an AIS shall maintain it in operation at
rules or
navigational

times except where international agreements,
the

protection

provide

for

of

2.
all
standards
information.

Article 7

Use of ship’s routing 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’ routing system adopted by the IMO
the SOLAS
according to Regulation 10 Chapter V of
Convention 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 routing 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

Article 8

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:

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

territorial

(b) ships flying the flag of a Member State or ships bound for
a port of a Member State and entering the area of appli-
cability 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;

(c) ships flying the flag of a third State and not bound for a
port in a Member State 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 9

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

1. Member States shall take all necessary and appropriate
measures to provide themselves gradually, on a time-schedule
in Annex II(I), with
compatible with the timetable set out
for
appropriate
receiving and utilising the AIS information,
taking into
account a necessary range for transmission of the reports.

and shore-based installations

equipment

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.

3. Member States shall ensure that the coastal stations in
traffic
charge of monitoring the compliance with vessel
services and ships’
and
properly qualified staff available, as well as appropriate
means of communication and ship monitoring and that they
operate in accordance with the relevant IMO guidelines.

routing systems have

sufficient

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Article 10

Voyage data recorder systems

1. Member States shall monitor and take all necessary and
appropriate measures to ensure that ships calling at a port of a
Member State are fitted with a voyage data recorder (VDR)
system in accordance with the rules laid down in Annex
II(II). Any exemptions granted to ro-ro ferries or high-speed
passenger craft under Article 4(1)(d) of Council Directive
1999/35/EC of 29 April 1999 on a system of mandatory
surveys for
ro-ro ferry and
high-speed passenger craft services (1) shall terminate on . . . (*).

the safe operation of

regular

2.
Data which have been collected from a VDR system shall
be made available to the Member State concerned in the event
of an investigation following a casualty occurring within the
waters under the jurisdiction of a Member State. Member States
shall ensure that such data are used in the investigation and are
properly analysed. Member States shall ensure that the findings
of the investigation are published as soon as possible after its
conclusion.

Article 11

Casualty investigation

Without prejudice to Article 12 of Directive 1999/35/EC,
Member States shall comply with the provisions of the IMO
Code for the investigation of marine casualties and incidents
when conducting any marine casualty or incident investigation
involving a ship referred to in this Directive. Member States
shall cooperate in the investigation of marine casualties and
incidents involving ships flying their flag.

TITLE II

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

Article 12

Obligations on the shipper

No dangerous or polluting goods may be offered for carriage
or taken on board any ship, irrespective of its size, in a port of
a Member State unless a declaration has been delivered to the
master or operator containing the information listed in Annex
I(2).

Article 13

Notification of dangerous or polluting goods carried on
board

The operator, agent or master of a ship, irrespective of its
1.
size, carrying dangerous or polluting goods and leaving a port
of a Member State shall, at
the moment of
departure, notify the information indicated in Annex I(3) to
the competent authority designated by that Member State.

the latest at

2.
The operator, agent or master of a ship, irrespective of its
size, carrying dangerous or polluting goods coming from a
port located outside the Community and bound for a port of
a Member State or an anchorage located in a Member State’s
territorial waters shall, at the latest upon departure from the
loading port or as soon as the port of destination or the
this information is
location of
unavailable at the moment of departure, notify the information
indicated in Annex I(3)
the
Member State in which the first port of destination or
anchorage is located.

to the competent authority of

the anchorage is known,

if

3. Member States may put in place a procedure authorising
the operator, agent or master of a ship referred to in
paragraphs 1 and 2 to notify the information listed in Annex
I(3) to the port authority of the port of departure or desti-
nation in the Community, as appropriate.

The procedure put in place must ensure that the competent
authority has access to the information indicated in Annex I(3)
at all times should it be needed. To this end, the port authority
concerned shall retain the information listed in Annex I(3) long
enough for it to be usable in the event of an incident or
accident 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,

ship must
4.
communicate the cargo information indicated in Annex I(3)
to the port authority or the competent authority.

agent or master of

the

The information must be transferred electronically whenever
practicable. The electronic message exchange must use the
syntax and procedures set out in Annex III.

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

(1) OJ L 138, 1.6.1999, p. 1.
(*) Date of entry into force of this Directive.

Article 14

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 I.

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Communication systems
subparagraph must display the following features:

set up pursuant

to the

first

TITLE III

(a) data exchange must be electronic and enable messages
notified in accordance with Article 13 to be received and
processed;

(b) the system must allow information to be transmitted 24

hours a day;

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

to the

Article 15

Exemptions

1. Member States may exempt scheduled services performed
between ports located on their territory from the requirement
laid down in Article 13 where the following conditions are
met:

(a) 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;

(b) for each voyage performed, the information listed in Annex
I(3)
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, the said information can be sent to the competent
in accordance with Article 13(4).
authority electronically,

2. When an international scheduled service is operated
least one is a
between two or more States, of which at
Member State, any of
involved may
the Member States
request of
the other Member States that an exemption be
granted to that service. All Member States involved, including
the coastal States concerned, shall collaborate in granting an
exemption to the service concerned in accordance with the
conditions laid down in paragraph 1.

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

immediately withdraw the privilege of

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

Article 16

Transmission of information concerning certain ships

1.
Ships meeting the criteria set out below shall be
considered to be ships posing a potential hazard to shipping
or a threat to maritime safety, the safety of individuals or the
environment:

(a) ships which, in the course of their voyage:

(cid:151) have been involved in incidents or accidents at sea as

referred to in Article 17, or

(cid:151) have failed to comply with the notification and
reporting requirements imposed by this Directive, or

(cid:151) have failed to comply with the applicable rules in ships’
routing systems and VTS placed under the responsi-
bility of a Member State;

(b) ships in respect of which there is proof or presumptive
discharges of oil, or other
in waters

evidence of
infringements of
under the jurisdiction of a Member State;

the MARPOL Convention,

deliberate

(c) ships which have been refused access to ports of

the
Member States or which have been the subject of a
report or notification by a Member State in accordance
with Annex I(1) to 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
international
jurisdiction of
States, of
the Member
ship safety, pollution prevention and
standards
for
shipboard living and working conditions
(port State
control) (1).

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.

the

that

shall

States

ensure

3. Member
information
communicated to them under paragraph 2 is transmitted to
the relevant port authorities and/or any other authority
designated by the Member State. Within the limits of their
available staff capacity, Member States shall carry out any
appropriate inspection or verification in their ports either on
their own initiative or at the request of another Member State,
without prejudice to any port State control obligation. They
shall inform all Member States concerned of the results of the
action they take.

4. 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.

(1) 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).

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Article 17

Reporting of incidents and accidents at sea

1. Without prejudice to international law and with a view to
to maritime
preventing or mitigating any significant
safety, the safety of individuals or the environment, Member
States shall monitor and take all appropriate measures to
ensure that the master of a ship sailing within their search
and rescue region, exclusive economic zone or equivalent,
immediately reports to the coastal station responsible for that
geographical area:

threat

(a) 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;

(b) 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 electrical generating
system,
communications
equipment
equipment;

navigation

or

(c) 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;

(d) any slick of polluting materials and containers or packages

seen drifting at sea.

the port of destination,

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

Article 18

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

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

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

Article 19

Measures relating to incidents or accidents at sea

In the event of incidents or accidents at sea as referred to
1.
take all appropriate
shall
in Article 17, Member States
measures, consistent with international
law, where necessary
to ensure the safety of shipping and of persons and to
protect the marine and coastal environment.

Annex IV sets out a non-exhaustive list of measures available to
Member States pursuant to this Article.

The operator, the master of the ship and the owner of the
2.
in
dangerous or polluting goods carried on board must,
accordance with national and international
law, 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.

The master of a ship to which the provisions of the ISM
3.
Code are applicable shall, in accordance with that Code, inform
the company of any incident or accident, as referred to in
Article 17(1), 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.

Article 20

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-
in distress may
mental constraints,
immediately go to a place of refuge subject to authorisation
by the competent authority. The plans may contain provisions
to make tugs and ship repair facilities available.

to ensure that

ships

Plans for accommodating ships in distress shall be made
inform the
available upon demand. Member States
Commission of
to the first
subparagraph.

shall
taken pursuant

the measures

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Article 21

Information of the parties concerned

station of

The competent coastal

1.
the Member State
concerned shall, as necessary, broadcast within the relevant
areas, any incident or accident notified under Article 17(1)
and information with regard to any ship that poses a threat
to maritime safety, the safety of individuals or the environment.

2.
Competent authorities holding information notified in
accordance with Articles 13 and 17 shall make adequate
arrangements to provide such information at any time upon
for safety reasons by the competent authority of
request
another Member State.

3.
Any Member State the competent authorities of which
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 the appropriate
measures to inform any interested Member 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 17.

TITLE IV

ACCOMPANYING MEASURES

Article 22

Designation and publication of a list of competent bodies

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

Each Member State shall ensure that

the shipping
2.
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
laid down for notifying the information
the procedures
required by this Directive.

3. Member States shall send the Commission a list of the
authorities and stations they designate pursuant to paragraph 1,
as well as any updating thereof.

(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;

(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
in transit,
improving the monitoring of
and
harmonising and, as
streamlining the
reports required from ships en route;

ships
far as possible,

(c) extending the cover of and/or updating the Community
vessel traffic monitoring and information system with a
view to enhanced identification and monitoring of ships.
To this end, the Member States and the Commission shall
work together to put in place, where necessary, mandatory
reporting systems, mandatory vessel
traffic services and
routing systems, with a view to
appropriate
submitting them to the IMO for approval;

ships’

(d) drawing up,

if appropriate, concerted plans to accom-

modate ships in distress.

Article 24

Confidentiality of information

Member States shall, in accordance with their national
legis-
lation, take the necessary measures to ensure the confidentiality
of information sent to them pursuant to this Directive.

Article 25

Monitoring the implementation of

this Directive and

sanctions

1. Member States shall carry out regular inspections and any
other action required to check the
the
shore-based telematic systems set up to meet the requirements
of this 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 13 and 15.

functioning of

2. Member States shall lay down a system of sanctions for
the breach of national provisions adopted pursuant to this
Directive and shall take all the measures necessary to ensure
that those sanctions are applied. The sanctions thus provided
shall be effective, proportionate and dissuasive.

Article 23

Cooperation between Member States and the Commission

Member States and the Commission shall
attaining the following objectives:

cooperate

in

3. 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 16 and 19 and
to paragraph 2 of this Article.

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4. Where a Member State finds, on the occasion of an
incident or accident at sea referred to in Article 19, that the
company has not been able to establish and maintain a link
with the ship or with the coastal stations concerned, it shall so
inform the State which issued the ISM document of compliance
and associated safety management certificate, 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
safety management system of a company established in a
Member State, the Member State, which issued the document
of compliance or safety management certificate to the ship,
shall
the
immediately take the necessary measures against
company concerned with the view to having the document
of compliance and the associated safety management certificate
withdrawn.

Article 26

Evaluation

in implementing this Directive and,

1. Member States must report to the Commission by . . . (*)
in
on the progress
particular, the provisions of Articles 9, 10, 18, 20 and 23.
by
Member
to
States must
31 December 2009 on the full
the
Directive.

the Commission
implementation of

report

2.
On the basis of the reports referred to in paragraph 1, the
Commission shall report to the European Parliament and the
Council six months thereafter on the implementation of this
the Commission shall ascertain
Directive.
whether and to what extent the provisions of this Directive
as implemented by the Member States are helping to increase
the safety and efficiency of maritime transport and prevent
pollution by ships.

reports,

In its

FINAL PROVISIONS

Article 27

Amendment procedure

1.
The definitions in Article 3, the references to Community
and IMO instruments and the Annexes may be amended in
accordance with the procedure laid down in Article 28(2) in
order to bring them into line with Community or international
law which have been adopted, amended or brought into force,
insofar as such amendments do not broaden the scope of this
Directive.

2.
Furthermore, Annexes I, III and IV may be amended in
accordance with the procedure laid down in Article 28(2), in
the light of experience gained with this Directive, insofar as
such amendments do not broaden the scope of this Directive.

Article 28

Committee procedure

1.

The Commission shall be assisted by a Committee.

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 29

the laws, regulations and
1. Member States shall adopt
administrative provisions necessary to comply with this
Directive by . . . (**) 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.

2. Member States
shall notify to the Commission the
provisions of their national legislation which they adopted in
the field governed by this Directive.

Article 30

Council Directive 93/75/EEC is hereby repealed as from . . . (**).

Article 31

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 32

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(*) Three years from the date referred to in Article 29(1).

(**) 18 months after the entry into force of this Directive.

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ANNEX I

LIST OF INFORMATION TO BE NOTIFIED

1. Information to be notified in accordance with Article 4 (cid:151) General information

(a) Ship identification (name, call sign, IMO identification number or MMSI number)

(b) Port of destination

(c) 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

(d) Total number of persons on board.

2. Information to be notified in accordance with Article 12 (cid:151) Cargo information

(a) 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 needed for INF cargoes as defined in Regulation VII/14.2, the quantities of such goods and, if they are
being carried in cargo transport units other than tanks, the identification number thereof

(b) Address from which detailed information on the cargo may be obtained.

3. Information to be notified in accordance with Article 13

A. General information

(a) Ship identification (name, call sign, IMO identification number or MMSI number)

(b) Port of destination

(c) For a ship leaving a port in a Member State: estimated time of departure from the port of departure or pilot
station, as required by the competent authority, and estimated time of arrival at the port of destination

(d) For a ship coming from a port located outside the Community and bound for a port in a Member State:
estimated time of arrival at the port of destination or pilot station, as required by the competent authority

(e) Total number of persons on board.

B. Cargo information

(a) 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 cargo transport units other than tanks, the identification number thereof

(b) 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

(c) Address from which detailed information on the cargo may be obtained.

4. Information referred to in Article 5:

(cid:151) A. Ship identification (name, call sign, IMO identification number or MMSI number),

(cid:151) B. Date and time,

(cid:151) C. or D.

Position in latitude and longitude or true bearing and distance in nautical miles from a clearly
identified landmark,

(cid:151) E. Course,

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(cid:151) F.

Speed,

(cid:151) I.

Port destination and estimated time of arrival,

(cid:151) P.

Cargo and, if dangerous goods present on board, quantity and IMO class,

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

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

(cid:151) X. Various information:

(cid:151) characteristics and estimated quantity of bunker fuel, for ships carrying more than 5 000 tons of bunker

fuel,

(cid:151) navigational status.

5. The master of the ship must forthwith inform the competent authority or port authority concerned of any change to

the information notified pursuant to this Annex.

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ANNEX II

PRESCRIPTIONS APPLICABLE TO ON-BOARD EQUIPMENT

I. AUTOMATIC IDENTIFICATION SYSTEMS (AIS)

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 of a Member State of the Community are subject to the carrying requirement laid down in
Article 6.

2. Ships built prior to 1 July 2002

Passenger ships, irrespective of size, and all ships of 300 gross tonnage and upwards built prior to 1 July 2002 which
call at a port of a Member State of the Community are subject to the carrying requirement laid down in Article 6
according to the following timetable:

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

(b) tankers: not later than the first survey for safety equipment after 1 July 2003;

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

(d) 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;

(e) 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;

(f)

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.

Member States may exempt passenger ships below 300 gross tonnage engaged in domestic trade from the application
of the requirements concerning AIS laid down in this Annex.

II. VOYAGE DATA RECORDER (VDR) SYSTEMS

1. 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 standards of IMO Resolution A.861(20) and the testing
standards set by Standard No 61996 of the International Electronics Commission (IEC):

(a) passenger ships built on or after 1 July 2002, not later than . . . (*);

(b) ro-ro passenger ships built before 1 July 2002, not later than the first survey on or after 1 July 2002;

(c) passenger ships other than ro-ro passenger ships, built before 1 July 2002, not later than 1 January 2004;

(d) ships other than passenger ships, of 3 000 gross tonnage and upwards, built on or after 1 July 2002, not later

than . . . (*).

2. 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:

(a) 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;

(b) cargo ships 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.

3. 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 of 17 March 1998 on safety rules and standards
for passenger ships (1) from the voyage data recorder requirements laid down in this Directive.

(*) Date of entry into force of this Directive.
(1) OJ L 144, 15.5.1998, p. 1.

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ANNEX III

ELECTRONIC MESSAGES

1. Member States shall develop and maintain the necessary infrastructure to enable transmission, reception and
conversion of data between systems using XML or Edifact syntax, based on Internet or X.400 communication
facilities.

2. The Commission shall develop and maintain, in consultation with the Member States, an (cid:145)interface control document(cid:146)
which describes the system facilities in terms of the message scenario, the message functions and the relation
between the messages. The message timing and performance shall be detailed, as well as data interchange
protocols and parameters. The interface control document shall further specify the data content of the required
message functions and describe those messages.

3. These procedures and infrastructure should incorporate, whenever practicable, reporting and information exchange
obligations resulting from other directives, such as Directive 2000/59/EC of the European Parliament and of the
Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (1).

(1) OJ L 332, 28.12.2000, p. 81.

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ANNEX IV

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

(pursuant to Article 19(1))

Where, following an incident or circumstance of the type described in Article 17 affecting a ship, 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:

(a) 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;

(b) give official notice to the master of the ship to put an end to the threat to the environment or maritime safety;

(c) 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;

(d) instruct the master to put in at a place of refuge in the event of imminent peril, or cause the ship to be piloted or

towed.

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STATEMENT OF THE COUNCIL’S REASONS

I. INTRODUCTION

Within the framework of the co-decision procedure (Article 251/EC), on 28 June 2001 the Council
agreed on a general approach to the Directive concerning the monitoring of maritime traffic (1).
Following examination of the results of the first reading by the European Parliament on 14 June
2001 (2) and legal/linguistic revision, the Council adopted the common position on 19 December 2001.

This Directive is to be seen against the background of the second Commission communication on
maritime safety following the sinking of the (cid:145)Erika(cid:146). Its purpose is to help improve maritime safety
and to reduce the possible environmental consequences of an accident at sea. Achieving these
objectives involves extending the declaration obligations on vessels before entering Member States’
waters, the use of EDI (electronic data interchanges) and the automatic vessel identification system
(AIS system),
increased cooperation among Member States and closer monitoring of vessels
presenting a specific risk to maritime safety and the environment.

In reaching its position, the Council took account of the Opinion of the European Parliament at first
the
reading,
Regions (4) and the Commission’s modified proposal (5).

the Economic and Social Committee (3),

the Committee of

the Opinion of

that of

II. ANALYSIS OF THE COMMON POSITION

The Council’s approach on the Commission proposal
is based on considerations similar to those
underlined by the Commission and the Parliament. To improve maritime safety and prevent
pollution of seas and coastal areas, a more comprehensive mandatory reporting system is called for
involving exchanges of information between competent authorities on the movements of ships carrying
dangerous or polluting goods. Equipment such as the system for the automatic identification of ships
(AIS) and the voyage data recording system (VDR) should be made compulsory on board ships calling
at Community ports.

This approach also involves the possibility of advising vessels not to leave port or take other appro-
priate measures should meteorological conditions present a risk to human life or of pollution. There are
also plans to make available places of refuge for ships in distress.

Finally, the Council has adopted the principles of information exchange and of increased transparency
as well as the introduction of a system of monitoring and of penalties in the event of non-compliance
with the provisions of the Directive.

The purpose of the Council’s amendments to the Commission proposal is to clarify Member States’
obligations and to improve the response of national authorities to accidents and potentially dangerous
situations. This involves, in particular, measures to detect and prevent pollution by ships.

(1) Commission proposal: OJ C 120 E of 24.4.2001, p. 67.
(2) 9786/01 CODEC 580 MAR 38 ENV 321, not yet published in the Official Journal.
(3) OJ C 221, 7.8.2001, p. 45.
(4) OJ C 357, 14.12.2001, p. 1.
(5) OJ C 362 E, 18.12.2001, p. 255.

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III. AMENDMENTS BY THE EUROPEAN PARLIAMENT

The present common position adopted by the Council takes full account of the position expressed by
the European Parliament at first reading. The Council’s approach therefore incorporates the main
features of the amendments adopted by the European Parliament. In practical terms, these features
are as follows:

(cid:151) the obligation for any ship calling at a port of a Member State to be fitted with an AIS system

(Article 6),

(cid:151) the exchange of information obtained in the context of ships’ routing systems (Articles 7 and 9),

(cid:151) definition of the detailed arrangements for accommodation of ships in distress taking into account

the work of the IMO on the subject (Article 20),

(cid:151) the need for an evaluation of the Directive’s application within a reasonable period after its entry
into force and for the Commission to submit a full report to the European Parliament and the
Council (Article 26).

The Council adopted a different text from the one proposed by the Commission regarding measures in
the event of exceptionally bad weather (Article 18). It nevertheless considered principles similar to those
defined by the Parliament, namely:

(cid:151) respect for the decision-making autonomy of the master of the ship once he has been duly

informed of weather conditions,

(cid:151) the possibility for Member States to make recommendations or take other appropriate measures

without prejudice, however, to the final decision of the master,

(cid:151) the use of weather forecasts provided by a qualified meteorological

information service and

recognised as the basis for recommendations or other appropriate measures.

Regarding the question of ships being fitted with a voyage data recorder system ((cid:145)black box(cid:146)) (Article
10), the Council still believes that a solution should be sought as far as possible in the wider context of
the IMO. However, it also feels that the Union should be able to introduce autonomous legislation if the
work of the IMO does not progress satisfactorily. It therefore introduced the obligation for all vessels to
be fitted with a VDR system, including existing cargo ships, either according to a timetable to be
defined in the context of the IMO or on dates prior to 1 January 2008 (depending on the category of
vessel) in the absence of a decision from the IMO. To help prevent such accidents the Council agreed
with the European Parliament in requiring that data collected by such VDR systems be used in
investigations following accidents at sea and subsequently published.

The Council has, however, chosen to agree with the Commission which was unable to accept the
European Parliament’s amendments re:

(cid:151) specific measures for the Baltic Sea,

(cid:151) the obligation to equip protected areas and elements concerning the cost of accommodating ships

in distress,

(cid:151) the indication of bunker capacity,

(cid:151) the obligation to provide a report from classification societies to coastal stations operating a

mandatory reporting system,

(cid:151) the indication of the (cid:145)ice(cid:146) classification of the ship,

(cid:151) advance dates for entry into force of the obligation for ships to be fitted with automatic identifi-

cation systems (AIS).

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Finally the Council
approach outlined in Part II of this document to make the Directive more clear.

introduced other amendments into the text of the Directive in line with the

These amendments concern inter alia

(cid:151) the specific obligation on Member States to monitor and to take all necessary and appropriate
measures to ensure that the requirements of the Directive are met by all those involved in maritime
transport (Article 1),

(cid:151) the differentiation between and clarification of provisions on the different sets of equipment:
automatic identification systems (AIS) (Article 6), ships’ routing systems (Article 7), vessel traffic
services (VTS) (Article 8), voyage data recorder systems (VDR) (Article 10),

(cid:151) the clarification of information obligations on ships considered as posing a potential hazard to
shipping or a threat to maritime safety, the safety of individuals or the environment (Article 16),

(cid:151) respect for the subsidiarity principle with reference to sanctions applicable in the event of breach of

national provisions adopted pursuant to this Directive (Article 25).