Amended proposal for a Directive of the European Parliament and of the Council amending the Directives on maritime safety and the prevention of pollution from ships
Date: 2001-12-27
Institutions: European Commission
Subjects: EU environmental policy, common transport policy, maritime safety, pollution from ships, prevention of pollution

30.4.2002

EN

Official Journal of the European Communities

C 103 E/243

Amended proposal for a Directive of the European Parliament and of the Council amending the
Directives on maritime safety and the prevention of pollution from ships (1)

(2002/C 103 E/20)

(Text with EEA relevance)

COM(2001) 788 final — 2000/0237(COD)

(Submitted by the Commission on 27 December 2001)

(1) OJ C 384 E, 19.12.2000, p. 280.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social
Committee,

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

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

Whereas:

and,

in certain cases,

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

implementing powers

(2) Decision 87/373/EEC was replaced by Council Decision
1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the
Commission (3). As the measures necessary to implement
the Directives in force in the field of maritime safety are
measures of a general scope within the meaning of Article
2 of Decision 1999/468/EC, they should be adopted by the
regulatory procedure laid down in Article 5 of
the
Decision.
___________
(1) OJ L 247, 5.10.1993, p. 19. Last amended by Directive 98/74/EC

(OJ L 276, 13.10.1998, p. 7).

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(3) Regulation (EC) No . . ./2000 of the European Parliament
and of the Council has set up a committee, the Committee
on Safe Seas, to centralise the tasks of the committees
established under the pertinent Community legislation on
maritime safety, and stipulates the use of the regulatory
procedure described in Article 5 of Decision 1999/468/EC
for the purposes of implementing this legislation.

(3) Regulation (EC) No . . ./2001 of the European Parliament
and of the Council has set up a committee, the Committee
on Safe Seas and the Prevention of Pollution from Ships
(COSS), to centralise the tasks of the committees estab-
lished under
the pertinent Community legislation on
maritime safety, the prevention of pollution from ships
and the protection of
shipboard living and working
conditions. Regulation (EC) No . . ./2001 stipulates the
use of the regulatory procedure described in Article 5 of
Decision 1999/468/EC for the purposes of implementing
this legislation.

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

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

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

should therefore be amended in order
existing committees by COSS.

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

(5) These Directives should also be amended in order to apply
to them the amendment procedures laid down by Regu-
lation (EC) No . . ./2001 and the relevant provisions of that
Regulation designed to facilitate their adaptation to take
account of
instruments
referred to in the Community legislation in the field of
maritime safety,

international

changes

to the

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

Objective

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

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

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

by Regulation (EC) No 2000;

(a) by making reference to the Committee on Safe Seas and the
Prevention of Pollution from Ships set up by Regulation
(EC) No . . ./2001, hereinafter referred to as ‘COSS’;

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

(b) by facilitating their adaptation to take account of changes
to the international instruments applicable in the field of
maritime safety, prevention of pollution from ships and
shipboard living and working conditions,
in the manner
laid down by Regulation (EC) No . . ./2001.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 2

Unchanged

Amendment of Directive 93/75/EEC

Directive 93/75/EEC is amended as follows:

1. Article 2 is amended as follows:

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

deleted,

(b) in point (f), the words ‘on 1 January 1997’ are deleted,

(c) in point (g), the words ‘on 10 July 1998’ are deleted,

(d) in point (h), the words ‘on 1 July 1998’ are deleted,

(d) in point (h), the words ‘on 1 July 1998’ are deleted.

(e) the following subparagraph is added:

Deleted

2. The following paragraph is added to Article 11:

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
to Article 4 of Regulation (EC)
Directive, pursuant
No . . ./2001 of
the
Council.’

the European Parliament and of

2. Article 12 is replaced by the following:

3. Article 12 is replaced by the following:

‘Article 12

‘Article 12

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

The Commission shall be assisted by the Committee on Safe
Seas and the Prevention of Pollution from Ships (COSS), in
accordance with the procedure laid down in Article 3(2) of
Regulation (EC) No . . ./2001.’

Article 3

Unchanged

Amendment of Directive 94/57/EC

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

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

1. In Article 2(d), the words ‘at the date of adoption of this

Directive’ are deleted.

2. In Article 7,

the first

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

sentence is

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

(OJ L 274, 7.10.1997, p. 8).

2. In Article 7,

the first

sentence is

replaced by ‘The
Commission shall be assisted by the Committee on Safe
Seas and the Prevention of Pollution from Ships (COSS),
in accordance with the procedure laid down in Article
the European
3(2) of Regulation (EC) No . . ./2001 of
Parliament and of the Council.’

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INITIAL PROPOSAL

AMENDED PROPOSAL

first

Paragraph 13,
codes’ are
conventions, protocols and codes.’

indent,
replaced by the words

the words ‘to the international
international

‘to the

3. Article 8 is amended as follows:

(a) In paragraph 1, first indent, the words ‘to the inter-
national codes’ are replaced by the words ‘to the inter-
national conventions, protocols and codes.’

(b) In paragraph 2, the following subparagraph is added:

to the

amendments

‘The
instruments
referred to in Article 2(d) and Article 6 may be
excluded from the scope of this Directive, pursuant to
Article 4 of Regulation (EC) No . . ./2001.’

international

4. Article 13 is replaced by the following:

4. Article 13 is replaced by the following:

‘Article 13

‘Article 13

The procedure in Article 3 of Regulation (EC) No . . ./2000
shall apply to the matters covered by Article 4(3) and (4),
Article 5(1), Articles 8, 9 and 10 and Article 14(2).’

The procedure referred to in Article 3(2) of Regulation (EC)
No . . ./2001 shall apply to the matters covered by Article
4(3) and (4), Article 5(1), Articles 8, 9 and 10 and Article
14(2).’

Article 5

Article 4

Amendment of Directive 95/21/EC

Unchanged

Council Directive 95/21/EC (1) is amended as follows:

1. Article 2 is amended as follows:

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

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

(a) In point 1., the words ‘on 1 July 1999’ are deleted.

(b) In point 2., the words ‘as it stands on 1 July 1999’ are

replaced by the words ‘in force.’

2. Article 18 is replaced by the following:

2. Article 18 is replaced by the following:

‘Article 18

‘Article 18

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

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

(OJ L 331, 23.12.1999, p. 67).

Committee on Safe Seas and the Prevention of
Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance
with the procedure laid down in Article 3(2) of Regulation
(EC) No . . ./2001 of the European Parliament and of the
Council.’

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

3. Article 19 point (c) is deleted,

3. Article 19 is amended as follows:

(a) point (c) is deleted,

(b) the following subparagraph is added:

to the

amendments

instruments
‘The
referred to in Article 2 may be excluded from the
scope of this Directive, pursuant to Article 4 of Regu-
lation (EC) No . . ./2001.’

international

Article 6

Article 5

Amendment of Directive 96/98/EC

Unchanged

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

1. Article 2, is amended as follows:

1. In Article 2, points (c), (d) and (n), the words ‘on 1 January

1999’ are deleted.

(a) in points (c), (d) and (n), the words ‘on 1 January 1999’

are deleted.

2. Article 17 is amended as follows:

(a) In the third indent the words ‘and by amending the
columns for the conformity assessment modules’ are
added.

(b) The following subparagraph is added:

(b) The following subparagraph is added:

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

‘The conventions and testing standards referred to in
points (c), (d) and (n) of Article 2 shall be understood
without prejudice to any measures taken in application
of Article 4 of Regulation (EC) No . . ./2001 of the
European Parliament and of the Council.’

2. Article 18 is replaced by the following:

3. Article 18 is replaced by the following:

‘Article 18

‘Article 18

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

The Commission shall be assisted by the Committee on Safe
Seas and the Prevention of Pollution from Ships (COSS), in
accordance with the procedure referred to in Article 3(2) of
Regulation (EC) No . . ./2001.’

Article 7

Article 6

Amendment of Directive 97/70/EC

Unchanged

Article 9 of Council Directive 97/70/EC (2) is replaced by the
following:
___________
(1) OJ L 46, 17.2.1997, p. 25. Amended by Directive 98/85/EC (OJ

L 315, 11.11.1998, p. 14).

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

L 83, 27.3.1999, p. 48).

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INITIAL PROPOSAL

AMENDED PROPOSAL

‘Article 9

‘Article 9

Committee on Safe Seas and the Prevention of
Pollution from Ships (COSS)

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

The Commission shall be assisted by COSS, in accordance
with the procedure referred to in Article 3(2) of Regulation
(EC) No . . ./2001 of the European Parliament and of the
Council.

The amendments to the international instrument referred
to in Article 2(4) may be excluded from the scope of this
Directive, pursuant
to Article 4 of Regulation (EC)
No . . ./2001.’

Article 8

Article 7

Amendment of Directive 98/18/EC

Unchanged

Council Directive 98/18/EC (1) is amended as follows:

1. Article 2 is amended as follows:

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

Directive’ are deleted.

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

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

(d) The following subparagraph is added:

Deleted

(c),

(b),

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

2.

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

Unchanged

___________
(1) JO L 144, 15.5.1998, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

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

3. Article 8 is amended as follows:

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

(a) point (b) is replaced by the following:

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

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

made to international conventions;

(ii) improve the technical specifications thereof, in the

light of experience.’

(i) apply,

for

this Directive,
amendments made to international conventions;

the purpose of

(ii)

improve the technical specifications thereof, in
the light of experience.’

(b) the following subparagraph is added:

to the

international

‘The amendments
instruments
referred to in Article 2 may be excluded from the
scope of this Directive, pursuant to Article 4 of Regu-
lation (EC) No . . ./2001 of the European Parliament and
of the Council.’

4. Article 9 is replaced by the following:

4. Article 9 is replaced by the following:

‘Article 9

Committee on Safe Seas

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

‘Article 9

Committee on Safe Seas and the Prevention of
Pollution from Ships (COSS)

The Commission shall be assisted by COSS in accordance
with the procedure laid down in Article 3(2) of Regulation
(EC) No . . ./2001’

Article 9

Article 8

Amendment of Directive 98/41/EC

Unchanged

Council Directive 98/41/EC (1) is amended as follows:

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

1. In Article 2, third indent, the words ‘as in force at the time
of the adoption of this Directive’ are replaced by the words
‘in force’.

2. In Article 12 the following subparagraph is added:

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
to Article 4 of Regulation (EC)
Directive, pursuant
the
No . . ./2001 of
Council.’

the European Parliament and of

___________
(1) OJ L 188, 2.7.1998, p. 35.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Article 13 is replaced by the following:

3. Article 13 is replaced by the following:

‘Article 13

‘Article 13

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

The Commission shall be assisted by the Committee on Safe
Seas and the Prevention of Pollution from Ships (COSS), in
accordance with the procedure laid down in Article 3U of
Regulation (EC) No . . ./2001.’

Article 10

Article 9

Amendment of Directive 1999/35/EC

Unchanged

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

1. Article 2 is amended as follows:

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

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

Directive’ are deleted.

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

(d) The following subparagraph is added:

Deleted

‘The conventions and compendia referred to in points
(b), (c), (e) and (o) shall be understood without prejudice
to any measures taken in application of Article 4 of
Regulation
European
Parliament and of the Council.’.

. . ./2000 of

(EC) No

the

2. Article 16 is replaced by the following:

2. Article 16 is replaced by the following:

‘Article 16

‘Article 16

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

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

Committee on Safe Seas and the Prevention of
Pollution from Ships (COSS)

The Commission shall be assisted by COSS in accordance
with the procedure laid down in Article 3(2) of Regulation
(EC) No . . ./2001 of the European Parliament and of the
Council.’

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INITIAL PROPOSAL

AMENDED PROPOSAL

3.

In Article 17 the following subparagraph is added:

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
Directive, pursuant
to Article 4 of Regulation (EC)
No . . ./2001.’

Article 10

Amendment of Directive 2000/59

1. In Article 2(b) the words ‘as in force at the date of adoption

of this Directive’ are deleted.

2. Article 14 is replaced by the following:

‘Article 14

Committee on Safe Seas and the Prevention of
Pollution from Ships (COSS)

in
The Commission shall be assisted by COSS,
1.
accordance with the procedure referred to in Article 3(2)
of Regulation (EC) No . . ./2001 of the European Parliament
and of the Council.’

3. In Article 15 the following paragraph is added:

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
Directive, pursuant
to Article 4 of Regulation (EC)
No . . ./2001.’

Article 11

Amendment of Directive 2001/25/EC

Directive 2001/25/EC of the European Parliament and of the
Council (1) is amended as follows:

1. Article 1 is amended as follows:

(a) In points 16, 17 and 24 the words ‘as in force on
25 May 1998’ are replaced by the words ‘in force’.

(b) In points 18, 22 and 23 the words ‘as in force on
25 May 1998’ are replaced by the words ‘in force’.

(c) In point 21 the words ‘as in force on 25 May 1998’ are

replaced by the words ‘in force’.

___________
(1) OJ L 136, 18.5.2001, p. 17.

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INITIAL PROPOSAL

AMENDED PROPOSAL

In Article 22 the following paragraph is added:

The amendments to the international

instruments
‘4.
referred to in Article 1 may be excluded from the scope
of this Directive, pursuant to Article 4 of Regulation (EC)
No . . ./2001 of
the
Council.’

the European Parliament and of

2. Article 23 is replaced by the following:

‘Article 23

Committee on Safe Seas and the Prevention of
Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance
with the procedure referred to in Article 3(2) of Regulation
(EC) No . . ./2001.’

Article 11

Application

Article 12

Unchanged

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive no later than . . . They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

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

Article 12

Article 13

Entry into force

Unchanged

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

Article 13

Addressees

Article 14

Unchanged

This Directive is addressed to the Member States.