Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community (Text with EEA relevance)
Date: 2002-02-18
Institutions: Council of the European Union, European Parliament
Subjects: administrative formalities, exchange of information, harbour installation, harmonisation of standards, transport document, vessel

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DIRECTIVE 2002/6/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 February 2002

on reporting formalities for ships arriving in and/or departing from ports of the Member States of
the Community

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(7)

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

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

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

(8)

Having consulted the Committee of the Regions,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The Community has an established policy to encourage
sustainable transport, such as shipping, and, in partic-
ular, to promote short sea shipping.

Facilitation of maritime transport is an essential objec-
tive for the Community to further strengthen the posi-
tion of shipping in the transport system as an alternative
and complement to other transport modes in a door-to-
door transport chain.

The documentary procedures required in maritime trans-
port have caused concern and have been considered to
hamper the development of the mode to its full poten-
tial.

The International Maritime Organisation's Convention
on Facilitation of International Maritime Traffic adopted
by the International Conference on Facilitation of Mari-
time Travel and Transport on 9 April 1965, as subse-
quently amended (hereinafter ‘the IMO FAL Conven-
tion’), has provided a set of models for standardised
facilitation forms for ships to fulfil certain reporting
formalities when they arrive in or depart from a port.

Most Member States use these facilitation forms but do
not apply the models provided under the auspices of the
IMO in a uniform manner.

Uniformity in the format of the forms required for a
ship arriving in and departing from a port should facili-
tate the documentary procedures for port calls and be
beneficial to the development of Community shipping.

Consequently, it is opportune to introduce the recogni-
tion of the IMO facilitation forms (hereinafter ‘IMO FAL
forms’) at Community level. The Member States should
recognise the IMO FAL forms and the categories of
information in them as sufficient proof that a ship has
fulfilled the
forms are
intended for.

reporting formalities

these

However, the recognition of certain IMO FAL forms, in
particular the cargo declaration and – for passenger
ships — the passenger list, would add to the complexity
of
reporting formalities either because those forms
cannot contain all necessary information or because
exist.
facilitation practices
well-established
Consequently, obligatory recognition of
those forms
should not be introduced.

already

Maritime transport is a global activity and the introduc-
tion of the IMO FAL forms in the Community could
pave the way towards
intensified application
their
around the world.

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

(9)

(10)

(11)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (4),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

(1) OJ C 180 E, 26.6.2001, p. 85.
(2) OJ C 221, 7.8.2001, p. 149.
(3) Opinion of the European Parliament of 25 October 2001 (not yet
Journal) and Council Decision of 7

published in the Official
December 2002.

The purpose of this Directive is to facilitate maritime transport
by providing for standardisation of reporting formalities.

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

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Article 2

Scope

This Directive shall apply to the reporting formalities on arrival
in and/or departure from ports of the Member States of the
Community, as set out in Annex I, Part A, relating to a ship, its
stores, its crew's effects, its crew list and, in the case of a ship
its passenger list.
certified to carry 12 passengers or fewer,

Article 3

Definitions

For the purposes of this Directive, the following definitions
shall apply:

(a) ‘IMO FAL Convention’ means the International Maritime
Organisation's Convention on Facilitation of International
Maritime Traffic adopted by the International Conference
on Facilitation of Maritime Travel and Transport on 9 April
1965;

(b) ‘IMO FAL forms’ means A4 size standardised IMO model
facilitation forms provided for under the IMO FAL Conven-
tion;

(c) ‘reporting formality’ means the information that, when
required by a Member State, must be provided for adminis-
trative and procedural purposes when a ship arrives in or
departs from a port;

(d) ‘ship’ means a seagoing vessel of any type operating in the

marine environment;

(e) ‘ship's stores’ means goods for use in the ship, including
consumable goods, goods carried for sale to passengers and
crew members, fuel and lubricants, but excluding ship's
equipment and spare parts;

(f) ‘ship's equipment’ means articles other than ship's spare
parts which are on board a ship for use thereon and are
removable but not of a consumable nature, including acces-
sories, such as lifeboats, life-saving devices, furniture, ship's
apparel and similar items;

(g) ‘ship's spare parts’ means articles of a repair or replacement
nature for incorporation into the ship in which they are
carried;

(h) ‘crew's effects’ means clothing, items in everyday use and
other articles, which may include currency, belonging to
the crew and carried on the ship;

(i) ‘crew member’ means any person actually employed for
duties on board during a voyage in the working or service
of a ship and included in the crew list.

Article 4

Acceptance of forms

the reporting formalities
Member States shall accept
referred to in Article 2 are satisfied when the information
submitted is in accordance with:

that

(a) the respective specifications set out in Annex I, Parts B and

C, and

(b) the corresponding model forms set out in Annex II with

their categories of data.

Article 5

Amendment procedure

Any amendments of Annexes I and II to this Directive and
references to IMO instruments in order to bring them into line
with Community or IMO measures which have entered into
force shall be adopted in accordance with the regulatory proce-
dure referred to in Article 6(2), in so far as such amendments
do not broaden the scope of this Directive.

Article 6

Committee

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

1.
up pursuant
75/EEC (1).

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 7

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than 9 September 2003. They shall forth-
with 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
Member States.

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field covered by this Directive.

(1) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Commis-

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

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Article 8

Entry into force

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

This Directive is addressed to the Member States.

Article 9

Addressees

Done at Brussels, 18 February 2002.

For the European Parliament

The President

P. COX

For the Council

The President

J. PIQUÉ I CAMPS

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ANNEX I

PART A

List of reporting formalities referred to in Article 2 in respect of ships arriving in and/or departing from ports of
the Member States of the Community

1. IMO FAL form 1, general declaration

The general declaration shall be the basic document on arrival and departure providing information required by the
authorities of a Member State relating to the ship.

2. IMO FAL form 3, ship's stores declaration

The ship's stores declaration shall be the basic document on arrival and departure providing information required by
the authorities of a Member State relating to a ship's stores.

3. IMO FAL form 4, crew's effects declaration

The crew's effects declaration shall be the basic document providing information required by the authorities of a
Member State relating to the crew's effects. It shall not be required on departure.

4. IMO FAL form 5, crew list

The crew list shall be the basic document providing the authorities of a Member State with the information relating to
the number and composition of the crew on the arrival and departure of a ship. Where the authorities require
information about the crew of a ship on its departure, a copy of the crew list, presented on arrival, shall be accepted
on departure if signed again and endorsed to indicate any change in the number or composition of the crew or to
indicate that no such change has occurred.

5. IMO FAL form 6, passenger list

For ships certified to carry 12 passengers or fewer, the passenger list shall be the basic document providing the
authorities of a Member State with information relating to passengers on the arrival and departure of a ship.

PART B

Signatories

1. IMO FAL form 1, general declaration

The authorities of the Member State shall accept a general declaration either dated and signed by the master, the ship's
agent or some other person duly authorised by the master, or authenticated in a manner acceptable to the authority
concerned.

2. IMO FAL form 3, ship's stores declaration

The authorities of the Member State shall accept a ship's stores declaration either dated and signed by the master or by
some other ship's officer duly authorised by the master and having personal knowledge of the facts regarding the ship's
stores, or authenticated in a manner acceptable to the authority concerned.

3. IMO FAL form 4, crew's effects declaration

The authorities of the Member State shall accept a crew's effects declaration either dated and signed by the master or
by some other ship's officer duly authorised by the master, or authenticated in a manner acceptable to the authority
concerned. The authorities of the Member State may also require each crew member to place his signature, or, if he is
unable to do so, his mark, against the declaration relating to his effects.

4. IMO FAL form 5, crew list

The authorities of a Member State shall accept a crew list either dated and signed by the master or by some other
ship's officer duly authorised by the master, or authenticated in a manner acceptable to the authority concerned.

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5. IMO FAL form 6, passenger list

For ships certified to carry 12 passengers or fewer, the authorities of a Member State shall accept a passenger list either
dated and signed by the master, the ship's agent or some other person duly authorised by the master, or authenticated
in a manner acceptable to the authority concerned.

PART C

Technical specifications

1. The formats of the IMO FAL forms shall follow the proportions of the models shown in Annex II as closely as
technically possible. They shall be printed on separate A4 size paper sheets (210 mm × 297 mm) with portrait
orientation. At least one third of the verso side of the forms shall be reserved for official use by the authorities of the
Member States.

For the purposes of the recognition of IMO FAL forms, the formats and layouts of the standardised facilitation forms
recommended and reproduced by the IMO based on the IMO FAL Convention as in force on 1 May 1997 shall be
considered equivalent to the formats reproduced in Annex II.

2. The authorities of the Member State shall accept information conveyed by any legible and understandable medium,

including forms filled in ink or indelible pencil or produced by automatic data processing techniques.

3. Without prejudice to methods of transmitting data by electronic means, when a Member State accepts the provision of
ship's reporting information in electronic form, it shall accept the transmission of that information when produced by
electronic data processing or interchange techniques that conform with international standards, provided it is in legible
and understandable form and contains the required information.

Member States may subsequently process the acquired data in any format they consider appropriate.

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ANNEX II

Models of IMO FAL forms referred to in Article 4 and Annex I

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