Amended proposal for a Regulation of the European Parliament and of the Council concerning the Committee on Safe Seas and the Prevention of Pollution from Ships and amending the Regulations 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

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Official Journal of the European Communities

C 103 E/233

Amended proposal for a Regulation of the European Parliament and of the Council concerning the
Committee on Safe Seas and the Prevention of Pollution from Ships and amending the Regulations
on maritime safety and the prevention of pollution from ships (1)

(2002/C 103 E/19)

(Text with EEA relevance)

COM(2001) 788 final — 2000/0236(COD)

(Submitted by the Commission on 27 December 2001)

(1) OJ C 384 E, 19.12.2000, p. 276.

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 referred to in Article
251 of the Treaty,

Whereas:

(1) The measures implementing the existing Regulations and
Directives in the field of maritime safety were adopted by
a regulatory procedure involving the committee set up by
Council Directive 93/75/EEC (1) and, in certain cases, an
ad hoc committee. These committees are governed by the
rules set out in Council Decision 87/373/EEC of 13 July
1987 laying down the procedures for the exercise of
implementing powers conferred on the Commission (2).

(2) By its resolution of 8 June 1993 on a common policy on
safe seas, the Council approved in principle the estab-
lishment of a Committee on Safe Seas and called on the
Commission to present a proposal
to set up such a
committee.

___________
(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.

(2) By its resolution of 8 June 1993 on a common policy on
safe seas, the Council approved in principle the estab-
lishment of a Committee on Safe Seas and the Prevention
(COSS) and called on the
of Pollution from Ships
Commission to present a proposal
to set up such a
committee.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(3) The role of the Committee on Safe Seas is to centralise
the tasks of the committees set up under the Community
legislation on maritime safety, and to assist and advise the
Commission on all matters of maritime safety and
prevention or reduction of pollution of the environment
by shipping activities.

(3) The role of COSS is to centralise the tasks of

the
committees set up under the Community legislation on
maritime safety, the prevention of pollution from ships
and the protection of shipboard living and working
conditions and to assist and advise the Commission on
all matters of maritime safety and prevention or reduction
of pollution of the environment by shipping activities.

(4) In keeping with the Council Resolution of 8 June 1993, a
Committee on Safe Seas should be set up and assigned the
tasks previously devolved to the committees established
under the existing Community legislation on maritime
safety. All new Community legislation adopted in the
field of maritime safety should stipulate recourse to the
Committee thereby set up on Safe Seas.

(4) In keeping with the Council Resolution of 8 June 1993, a
Committee on Safe Seas and the Prevention of Pollution
from Ships should be set up and assigned the tasks
previously devolved to the committees established under
the existing Community legislation on maritime safety,
the prevention of pollution from ships and the protection
of shipboard living and working conditions. All new
Community legislation adopted in the field of maritime
safety should stipulate recourse to the Committee thereby
set up.

(5) Decision 87/373/EEC has been 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 (1). The purpose of
the
latter decision is to define the committee procedures
applicable and ensure more comprehensive information
to the European Parliament and the public on the work
of the committees.

Unchanged

(6) The pertinent provisions of Decision 1999/468/EC should
therefore be applied to the Committee on Safe Seas. As
the measures required to implement the legislation in the
field of maritime safety, are measures of general scope
within
of Decision
1999/468/EC, they should be adopted by the regulatory
procedure laid down in Article 5 of the Decision.

the meaning

of Article

2

(6) The pertinent provisions of Decision 1999/468/EC should
therefore be applied to COSS. As the measures required to
implement the legislation in the field of maritime safety,
the prevention of pollution from ships and the protection
of shipboard living and working conditions are measures
of 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, subject to Article 7(3) and Article 8 of the
same Decision, which specify the role of the European
Parliament. To allow COSS to operate in emergencies, it
is appropriate to reduce to one month the period set in
Article 5(6) of Decision 1999/468/EC.

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(7) The existing maritime safety legislation should also be
amended to substitute the Committee on Safe Seas for
the committee set up by Directive 93/75/EEC or, where
appropriate, for the ad hoc committee established under
the particular piece of legislation. This Regulation should
in particular amend the relevant provisions of Council
(EC) No 2978/94 (2)
Regulation (EEC) No 613/91 (1),
and (EC) No 3051/95 (3),
in order to insert a reference
to the Committee on Safe Seas and to stipulate the regu-
latory procedure laid down in Article 5 of Decision
1999/468/EC.

(8) Moreover,

legislation

subsequent

the date of adoption of

existing Community
on
the
is based on the application of rules
maritime safety,
codes and
conventions,
resulting from international
resolutions in force at
the
Community act in question, or at the date specified by
the latter. As a consequence, Member States cannot apply
the
international
instruments until the Community directives or regulations
have been amended. This has major disadvantages owing
to the difficulty of getting the date of entry into force of
the amendment at the international level to coincide with
that of the regulation integrating this amendment into
Community law, not least the delayed application within
the Community of the most recent and most stringent
international safety standards.

amendments

to these

(7) The existing legislation on maritime safety, the prevention
of pollution from ships and the protection of shipboard
living and working conditions should also be amended to
substitute COSS for the committee set up by Directive
93/75/EEC or, where
ad hoc
committee established under the particular piece of legis-
lation. This Regulation should in particular amend the
(EEC)
relevant
No
(EC)
No 3051/95 (3), in order to insert a reference to COSS
and to stipulate the regulatory procedure laid down in
Article 5 of Decision 1999/468/EC.

of Council Regulations
and

appropriate,

2978/94 (2)

613/91 (1),

provisions

(EC) No

the

for

(8) Moreover,

the

legislation

on
existing Community
maritime safety, the prevention of pollution from ships
and the protection of shipboard living and working
conditions is based on the application of rules resulting
from international conventions, codes and resolutions in
force at the date of adoption of the Community act in
question, or at
the date specified by the latter. As a
consequence, Member States cannot apply the subsequent
amendments to these international instruments until the
Community directives or regulations have been amended.
This has major disadvantages owing to the difficulty of
getting the date of entry into force of the amendment at
the international level to coincide with that of the regu-
lation integrating this amendment into Community law,
not least the delayed application within the Community
of the most recent and most stringent international safety
standards.

(9) However,

their application,

it is necessary to make a distinction between
the provisions of a Community act making reference, for
the purposes of
to an international
instrument and Community provisions reproducing an
international
instrument in full or in part. In the latter
case, the most recent amendments to the international
instruments cannot in any case be rendered applicable
until
the Community provisions concerned have been
amended.

Unchanged

(10) Member States should therefore be permitted to apply the
most recent provisions of international conventions, with
the exception of
those explicitly incorporated in a
Community act. This can be done by stating that the
version of
the international convention applicable for
the purposes of the directive or regulation concerned is
that ‘in force’, without mentioning the date.

___________
(1) OJ L 68, 15.3.1991, p. 1.
(2) OJ L 319, 12.12.1994, p. 1.
(3) OJ L 320, 30.12.1995, p. 14. Amended by Regulation (EC)

___________
(1) OJ L 68, 15.3.1991, p. 1.
(2) OJ L 319, 12.12.1994, p. 1.
(3) OJ L 320, 30.12.1995, p. 14. Amended by Regulation (EC)

No 179/98, 23.1.1998, p. 35.

No 179/98, 23.1.1998, p. 35.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(11) A specific

conformity

checking procedure

the Committee on Safe

should,
however, be set up to enable the Commission, after
to take
consulting
whatever measures may be necessary to exclude the risk
instruments being
of amendments to the international
incompatible with
or
legislation
Community policy on in force. Such a procedure must
also prevent international amendments from lowering the
standard of maritime safety achieved in the Community.

the Community

Seas,

(11) A specific

conformity

instruments

checking procedure

should,
however, be set up to enable the Commission, after
to take whatever measures may be
consulting COSS,
necessary to exclude the risk of amendments to the inter-
incompatible with the
national
Community
on
maritime safety, the prevention of pollution from ships
and the protection of shipboard living and working
conditions in force. Such a procedure must also prevent
international amendments from lowering the standard of
maritime safety achieved in the Community.

or Community

legislation

policy

being

(12) The conformity checking procedure will only be fully
effective if the planned measures are adopted as speedily
as possible, but at all events before the expiry of the
deadline for the effective entry into force of the inter-
national amendment. Consequently, the time available to
the Council
in
accordance with Article 5(6) of Decision 1999/468/EC
should be reduced to one month,

to act on the proposed measures

Unchanged

HAVE ADOPTED THIS REGULATION:

Article 1

Objective

The objective of this Regulation is to improve the implemen-
tation of
the Community legislation on maritime safety,
protection of the marine environment and shipboard living
and working conditions:

The objective of this Regulation is to improve the implemen-
tation of the Community legislation referred to in Article 2(2)
on maritime safety, the prevention of pollution from ships and
shipboard living and working conditions:

(a) by centralising the tasks of the committees set up under the
pertinent Community legislation by creating a single
Committee, to be known as the Committee on Safe Seas;

(a) by centralising the tasks of the committees set up under the
Community maritime legislation and disbanded by this
Regulation by creating a single Committee on Safe Seas
and the Prevention of Pollution from Ships, to be known
as COSS;

(b) by facilitating the process of amending the pertinent
Community legislation in the light of developments in the
international
the
marine environment and shipboard living and working
conditions.

instruments applicable, protection of

(b) by facilitating subsequent amendment of the Community
maritime legislation in the light of developments in the
international instruments applicable to maritime safety, by
deleting the references to the date of entry into force of the
abovementioned international instruments.

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INITIAL PROPOSAL

Article 2

Definitions

AMENDED PROPOSAL

Unchanged

For the purposes of this Regulation, the following definitions
apply:

1.

the

instruments’:

‘international
conventions, protocols,
resolutions, codes, compendia of rules, circulars, standards
and provisions adopted by an international conference, the
International Maritime Organisation (IMO), the International
Labour Organisation (ILO), the parties to a memorandum of
understanding or an international standards body in the
field of maritime safety, prevention of pollution from
ships and shipboard living and working conditions.

1.

the

instruments’:

‘international
conventions, protocols,
resolutions, codes, compendia of rules, circulars, standards
and provisions adopted by an international conference, the
International Maritime Organisation (IMO), the International
Labour Organisation (ILO), the parties to a memorandum of
understanding or an international standards body referred to
in the provisions of the Community maritime legislation in
force,

2.

‘Community maritime legislation’: the Community acts in
force listed below:

Unchanged

(a) Council Regulation (EEC) No 613/91 of 4 March 1991
on the transfer of ships from one register to another
within the Community,

(b) Council Directive 93/75/EEC of 13 September 1993
concerning minimum requirements for vessels bound
for or
carrying
dangerous or polluting goods,

leaving Community ports

and

(c) Council Regulation (EC) No 2978/94 of 21 November
1994 on the implementation of
IMO Resolution
A.747(18) on the application of tonnage measurement
of ballast spaces in segregated ballast oil tankers,

(d) 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 (1),

(e) Council Directive 94/58/EC of 22 November 1994 on

Deleted

the minimum level of training of seafarers (2),

(f) 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 inter-
national standards for ship safety, pollution prevention
and shipboard living and working conditions (port
State control) (3),

(e) 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 inter-
national standards for ship safety, pollution prevention
and shipboard living and working conditions (port
State control) (2),

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

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

(2) OJ L 319, 12.12.1994, p. 28. Amended by Directive 98/35/EC

(OJ L 172, 17.6.1998, p. 1).

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

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

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

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(g) Council Regulation (EC) No 3051/95 of 8 December
roll-on/roll-off

1995 on the safety management of
passenger ferries,

(f) Council Regulation (EC) No 3051/95 of 8 December
roll-on/roll-off

1995 on the safety management of
passenger ferries,

(h) Council Directive 96/98/EC of 20 December 1996 on

(g) Council Directive 96/98/EC of 20 December 1996 on

marine equipment (1),

marine equipment (1),

(i) Council Directive 97/70/EC of 11 December 1997
fishing

setting up a harmonised safety regime for
vessels of 24 metres in length and over (2),

(h) Council Directive 97/70/EC of 11 December 1997
fishing

setting up a harmonised safety regime for
vessels of 24 metres in length and over (2),

(j) Council Directive 98/18/EC of 17 March 1998 on

(i) Council Directive 98/18/EC of 17 March 1998 on

safety rules and standards for passenger ships (3),

safety rules and standards for passenger ships (3),

(k) Council Directive 98/41/EC of 18 June 1998 on the
registration of persons sailing on board passenger ships
operating to or from ports of the Member States of the
Community (4),

(j) Council Directive 98/41/EC of 18 June 1998 on the
registration of persons sailing on board passenger ships
operating to or from ports of the Member States of the
Community (4),

(l) Council Directive 1999/35/EC of 29 April 1999 on a
system of mandatory surveys for the safe operation of
regular
ro-ro ferry and high speed passenger craft
services (5).

(k) Council Directive 1999/35/EC of 29 April 1999 on a
system of mandatory surveys for the safe operation of
regular
ro-ro ferry and high speed passenger craft
services (5),

(l) 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 (6),

(m) Directive 2001/25/EC of the European Parliament and
of the Council of 4 April 2001 on the minimum level
of training of seafarers (7).

Article 3

Unchanged

Establishment of the Committee on Safe Seas

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

The Commission shall be assisted by a regulatory
the Committee on Safe Seas,
the Member States and

1.
committee, hereinafter called,
composed of
representatives of
chaired by the representative of the Commission.

The Commission shall be assisted by a regulatory
1.
committee, hereinafter called COSS, composed of represen-
tatives of the Member States and chaired by the representative
of the Commission.

___________
(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).
(3) OJ L 144, 15.5.1998, p. 1.
(4) OJ L 188, 2.7.1998, p. 35.
(5) OJ L 138, 1.6.1999, p. 1.

___________
(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).
(3) OJ L 144, 15.5.1998, p. 1.
(4) OJ L 188, 2.7.1998, p. 35.
(5) OJ L 138, 1.6.1999, p. 1.
(6) OJ L 332, 28.12.2000, p. 81.
(7) OJ L 136, 18.5.2001, p. 17.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Whenever reference is made to this Article, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, subject to the provisions of Article 7(3) and of
Article 8 of the Decision.

2. Whenever reference is made to this paragraph, the regu-
latory procedure
laid down in Article 5 of Decision
1999/468/EC shall apply, subject to the provisions of Article
7 and of Article 8 of the Decision.

For the purposes of this Regulation, the period referred to
3.
in Article 5(6) of Decision 1999/468/EC shall be one month.

Unchanged

Article 4

Conformity checking procedure

The Community Regulations and Directives listed in
1.
in accordance with the
Article 2(2) may be amended,
procedure laid down in Article 3,
in order to exclude from
the scope of the Regulation or the Directive concerned any
instruments defined in
amendment
Article 2(1) and to which reference is made in the Regulation
or Directive.

international

to the

the

and

1. With a view to reducing the risks of conflict between the
Community maritime
international
legislation
instruments referred to in Article 2(1), the Community Regu-
lations and Directives listed in Article 2(2) may be amended, in
accordance with the procedure referred to in Article 3(2), in
order to exclude from the scope of the Regulation or the
Directive concerned any amendment
to the international
instruments defined in Article 2(1) and to which reference is
made in the Regulation or Directive. The conformity checking
procedure may be used solely to make amendments to the
Community maritime
expressly
covered by the regulatory procedure and strictly within the
framework of exercise of implementing powers conferred on
the Commission.

legislation in the

fields

Such amendment
to the Community legislation shall be
possible only if there is a manifest risk that the international
lower the standard of maritime safety or
amendment will
protection of
the marine environment established by the
Community legislation on marine safety, or be incompatible
with the latter, or if it is likely to compromise the achievement
of the Community's objectives in the field of maritime safety.

2.
For a period of six months from the adoption at inter-
national level of an amendment to an international instrument,
referred to in Article 2(1), Member States party to this
instrument shall refrain from any initiative intended to accept
or apply the amendment, in order to enable the Commission to
consult the Committee referred to in Article 3(1) on a draft
Commission regulation or directive designed, in application of
to exclude the amendment in question
the first paragraph,
the Committee is consulted
from a Community text.
within the six months' period,
the above standstill period
shall continue until the adoption of appropriate measures.

If

Such amendment
to the Community legislation shall be
possible only if there is a manifest risk that the international
amendment will
lower the standard of maritime safety, of
prevention of pollution from ships or of protection of
shipboard living and working conditions established by the
Community maritime legislation, or be incompatible with the
latter, or if it is likely to compromise the achievement of the
Community's objectives
safety,
prevention of pollution from ships or of protection of
shipboard living and working conditions.

field of maritime

in the

The conformity checking procedure shall be initiated by the
Commission, which, where appropriate, may act at the request
of a Member State.

2.
For a period of six months from the adoption at inter-
national level of an amendment to an international instrument,
Member States party to this instrument shall refrain from any
initiative intended to accept or apply the amendment, in order
to enable the Commission to consult the Committee referred to
in Article 3(1) on a draft Commission regulation or directive
designed,
to
exclude the amendment in question from a Community text.
If the Committee is consulted within the six months' period,
the above standstill period shall continue until the adoption of
appropriate measures.

in application of paragraph 1 of

this Article,

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INITIAL PROPOSAL

AMENDED PROPOSAL

3. Where the amendment to the international instrument is
subject to a tacit acceptance procedure, the Commission regu-
lation or directive excluding the new amendment from being
incorporated into Community law for the reasons set out in
the first paragraph shall be adopted in good time to enable the
Member States concerned to lodge an objection to the
amendment in question at the international level.

3. Where the amendment to the international instrument is
subject to a tacit acceptance procedure, the Commission regu-
lation or directive excluding the new amendment from being
incorporated into Community law for the reasons set out in
paragraph 1 shall be adopted in good time to enable the
Member States concerned to lodge an objection to the
amendment in question at the international level.

Article 5

Unchanged

Powers of the Committee on Safe Seas

Powers of COSS

shall exercise the powers
The Committee on Safe Seas
conferred on it by virtue of the Community legislation in force.

COSS shall exercise the powers conferred on it by virtue of the
Community legislation in force.

Article 2(2) of
the Regulation may be amended by the
procedure set out in Article 3 in order to include a reference
to the Community acts that have entered into force following
the adoption of this Regulation.

Article 2(2) may be amended by the procedure set out in
to the
Article 3(2)
Community acts that have entered into force following the
adoption of this Regulation.

to include

in order

reference

a

Article 6

Unchanged

Amendment of Regulation (EEC) No 613/91

Regulation (EEC) No 613/91 is amended as follows:

1. Article 1(a) is amended as follows:

‘(a)

In the first subparagraph, the words “at the date of
adoption of
this Regulation” are deleted and the
following words added “without prejudice to any
measures taken in application of Article 4 of Regulation
(EC) No . . ./2000 of the European Parliament and of
the Council.” ’

‘(a)

In the first subparagraph, the words “at the date of
adoption of this Regulation” are deleted.’

(b) The final subparagraph is deleted

(b) The final subparagraph is replaced by the following:

to the international

instruments
‘The amendments
subparagraph may be
referred to in the previous
excluded from the scope of this Regulation, pursuant
to Article 4 of Regulation (EC) No . . ./2001 of the
European Parliament and of the Council.’

2. Articles 6 and 7 are replaced by the following:

Unchanged

‘Article 6

‘Article 6

The Commission shall be assisted by the Committee on Safe
Seas created by 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)
created by Article 3 of Regulation (EC) No . . ./2001.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 7

Unchanged

Where reference is made to this Article,
the regulatory
procedure laid down in Article 3 of Regulation (EC)
No . . ./2000 shall apply.’

Where reference is made to this Article,
the regulatory
procedure laid down in Article 3 of Regulation (EC)
No . . ./2001 shall apply.

The amendments to the international instruments referred
to in Article 3 may be excluded from the scope of this
Regulation, pursuant
to Article 4 of Regulation (EC)
No . . ./2001.’

Article 7

Unchanged

Amendment of Regulation (EC) No 2978/94

Regulation (EC) No 2978/94 is amended as follows:

1. Article 3(g) is replaced by the following:

1. Article 3(g) is replaced by the following:

‘(g) “Marpol 73/78” means the International Convention for
the Prevention of Pollution from Ships, 1973, as
amended by the Protocol of 1978 relating thereto
together with the
thereto in force,
amendments
without prejudice to any measures taken in application
of Article 4 of Regulation (EC) No . . ./2000 of the
European Parliament and of the Council’.

‘(g) “Marpol 73/78” means the International Convention for
the Prevention of Pollution from Ships, 1973, as
amended by the Protocol of 1978 relating thereto
together with the amendments thereto in force’.

2. The following paragraph is added to Article 6:

‘The amendments to the international instruments referred
to in Article 3 may be excluded from the scope of this
to Article 4 of Regulation (EC)
Regulation, pursuant
No . . ./2001 of
the
Council.’

the European Parliament and of

2. Article 7 is replaced by the following:

3. Article 7 is replaced by the following:

‘Article 7

‘Article 7

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.’

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 8

Unchanged

Amendment of Regulation (EC) No 3051/95

Regulation (EC) No 3051/95 is amended as follows:

1. Article 9 the words ‘Article 10(2)’ are replaced by the words

1. Article 9 is amended as follows:

‘Article 10’.

(a) The words ‘Article 10(2)’ are replaced by the words

‘Article 10’.

(b) The following subparagraph is added:

to the

international

amendments

‘The
instruments
referred to in Article 3 may be excluded from the
scope of this Regulation, pursuant to Article 4 of Regu-
lation (EC) No . . ./2001 of the European Parliament and
of the Council.’

2. Article 10 is replaced by the following:

2. Article 10 is replaced by the following:

‘Article 10

‘Article 10

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 9

Entry into force

Unchanged

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

This Regulation shall be binding in its entirety and directly
applicable in all Member States.