Common Position (EC) No 44/2002 of 27 May 2002 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 amending the Directives on maritime safety and the prevention of pollution from ships (Text with EEA relevance)
Date: 2002-05-27
Institutions: Council of the European Union
Subjects: EU law, International Maritime Organisation, committee (EU), environmental standard, international instrument, international standard, maritime law, maritime safety, pollution from ships, prevention of pollution

C 170 E/98

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Official Journal of the European Communities

16.7.2002

COMMON POSITION (EC) No 44/2002

adopted by the Council on 27 May 2002

with a view to the adoption of a Directive 2002/. . ./EC of the European Parliament and of the
Council of . . . amending the Directives on maritime safety and the prevention of pollution from
ships

(2002/C 170 E/05)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

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

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

Having regard to the opinion of
Regions (3),

the Committee of

the

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

Whereas:

(1) The Directives in force in the field of maritime safety make
reference to the committee set up by 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) and, in
certain cases,
to an ad hoc committee set up by the
pertinent directive. These committees were governed by
in Council Decision 87/373/EEC of
the rules set out
13 July 1987 laying down the procedures
the
exercise of
conferred on the
implementing powers
Commission (6).

for

(2) Decision 87/373/EEC has been replaced by Council
Decision 1999/468/EC of 28 June 1999 laying down the

(1) OJ C 365 E, 19.12.2000, p. 280.
(2) OJ C 139, 11.5.2001, p. 21.
(3) OJ C 253, 12.9.2001, p. 1.
(4) Opinion of the European Parliament of 13 February 2001 (OJ C
276, 1.10.2001, p. 44), Council Common Position of 27 May 2002
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 Directive

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

(6) OJ L 197, 18.7.1987, p. 33.

for

the exercise of

procedures
implementing powers
conferred on the Commission (7). The measures required
in force in the field of
to implement
maritime safety should be adopted in accordance with
Council Decision 1999/468/EC.

the Directives

(3) Regulation (EC) No . . ./2002 of the European Parliament
and of the Council of . . ., establishing a Committee on Safe
Seas and the Prevention of Pollution from Ships (COSS) (8)
centralises the tasks of the committees established under
the pertinent Community legislation on maritime safety,
the prevention of pollution from ships and the protection
of shipboard living and working conditions.

(4) Council Directives 93/75/EEC, 94/57/EC (9), 95/21/EC (10),
96/98/EC (11), 97/70/EC (12), 98/18/EC (13), 98/41/EC (14),
2000/59/EC (16),
1999/35/EC (15),
and
2001/25/EC (17) and 2001/96/EC (18) of
the European
in the field of maritime
Parliament and of the Council
safety should therefore be amended in order to replace
the existing committees by COSS.

Directives

(5) The aforementioned Directives should also be amended in
order to apply to them the amendment procedures laid
down by Regulation (EC) No . . ./2002 and the relevant
provisions of that Regulation designed to facilitate their
adaptation to take account of changes to the international
instruments referred to in Community legislation in the
field of maritime safety,

(7) OJ L 184, 17.7.1999, p. 23.
(8) OJ L . . .
(9) OJ L 319, 12.12.1994, p. 20. Directive as last amended by
European Parliament and Council Directive 2001/105/EC (OJ L
19, 22.1.2002, p. 9).

(10) OJ L 157, 7.7.1995, p. 1. Directive as last amended by European
and Council Directive 2001/106/EC (OJ L 19,

Parliament
22.1.2002, p. 17).

(11) OJ L 46, 17.2.1997, p. 25. Directive as

last amended by

Commission Directive 2001/53/EC (OJ L 204, 28.7.2001, p. 1).

(12) OJ L 34, 9.2.1998, p. 1. Directive as amended by Commission

Directive 1999/19/EC (OJ 83, 27.3.1999, p. 48).

(13) OJ L 144, 15.5.1998, p. 1. Directive as amended by Commission

Directive 2002/25/EC (OJ L 98, 15.4.2002, p. 1).

(14) OJ L 188, 2.7.1998, p. 35.
(15) OJ L 138, 1.6.1999, p. 1.
(16) OJ L 332, 28.12.2000, p. 81.
(17) OJ L 136, 18.5.2001, p. 17.
(18) OJ L 13, 16.1.2002, p. 9.

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HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to improve the implementation
of Community legislation on maritime safety, the prevention of
pollution from ships and shipboard living and working
conditions:

(a) by making reference to the COSS;

(b) by accelerating the update and facilitating the amendment
of such legislation in the light of developments in the
international
field of
maritime safety, prevention of pollution from ships and
shipboard living and working conditions, pursuant
to
Regulation (EC) No . . ./2002.

instruments

applicable

in the

Article 2

Amendment to Directive 93/75/EEC

Directive 93/75/EEC is hereby amended as follows:

1) in Article 2, points (e), (f), (g), (h) and (i) shall be replaced

by the following:

‘(e) “Marpol 73/78” means the International Convention for
the Prevention of Pollution from Ships, 1973, as
amended by the Protocol of 1978 relating thereto, in
their up-to-date versions;

(f) “IMDG Code” means

the

International Maritime

Dangerous Goods Code, in its up-to-date version;

(g) “IBC Code” means the IMO International Code for
construction
carrying
equipment
dangerous chemicals in bulk, in its up-to-date version;

ships

and

of

(h) “IGC Code” means the IMO International Code for the
construction and equipment of ships carrying liquefied
gases in bulk, in its up-to-date version;

(i) “INF Code” means the IMO code for the safe carriage of
irradiated nuclear fuel, plutonium and high-level radio-
active wastes in flasks on board ships, in its up-to-date
version;’;

No . . ./2002 of the European Parliament and of the Council
of establishing a Committee on Safe Seas and the Prevention
of Pollution from Ships (COSS) (*).

___________
(*) OJ L . . .’;

3) Article 12 shall be replaced by the following:

‘Article 12

The Commission shall be assisted by the Committee
1.
on Safe Seas and the Prevention of Pollution from Ships
(COSS) created by Article 3 of Regulation (EC) No . . . 2002.

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying
of
implementing powers conferred on the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

procedures

exercise

down

the

the

for

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

3.

The Committee shall adopt its rules of procedure.

___________
(*) OJ L 184, 17.7.1999, p. 23.’.

Article 3

Amendment to Directive 94/57/EC

Directive 94/57/EC is hereby amended as follows:

1) in Article 2(d), the words ‘in force on 19 December 2001’

shall be replaced by ‘in its up-to-date version’;

2) in Article 7, point 1 shall be replaced by the following:

‘1.
The Commission shall be assisted by the Committee
on Safe Seas and the Prevention of Pollution from Ships
(COSS)
(EC)
created
the
No . . ./2002 of
Council of . . . stablishing a Committee on Safe Seas and
the Prevention of Pollution from Ships (COSS) (*).

by Article
the European Parliament and of

of Regulation

3

___________
(*) OJ L . . .’;

2) the following subparagraph shall be added to Article 11:

3) the following subparagraph shall be added to Article 8(2):

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
to Article 5 of Regulation (EC)
Directive, pursuant

‘The amendments to the international instruments referred
to in Article 2(d) and Article 6 may be excluded from the
scope of this Directive, pursuant to Article 5 of Regulation
(EC) No . . ./2002’.

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16.7.2002

Article 4

‘Article 17

Amendment to Directive 95/21/EC

Directive 95/21/EC is hereby amended as follows:

1) Article 2 shall be amended as follows:

(a)

in point 1, the words ‘in force on 19 December 2001’
shall be replaced by ‘in its up-to-date version’;

(b) in point 2, the words ‘as it stands on 19 December
2001’ shall be replaced by ‘in its up-to-date version’;

2) in Article 18, point 1 shall be replaced by the following:

‘1.
The Commission shall be assisted by the Committee
on Safe Seas and the Prevention of Pollution from Ships
(EC)
created
(COSS)
No . . ./2002 of
the
Council of . . . establishing a Committee on Safe Seas and
the Prevention of Pollution from Ships (COSS) (*).

by Article
the European Parliament and of

of Regulation

3

___________
(*) OJ L . . .’;

3) Article 19 is hereby amended as follows:

This Directive may be amended in accordance with the
procedure laid down in Article 18(2), in order:

— to apply subsequent

amendments of

international

instruments for the purposes of this Directive,

— to update Annex A, both by introducing new equipment
from Annex A.2 to

and by transferring equipment
Annex A.1 and vice versa,

— to add the possibility of using modules B + C and
module H for equipment listed in Annex A.1, and by
amending the columns for the conformity assessment
modules,

— to include other standardisation organisations in the

definition of “testing standards” in Article 2.

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
5 of Regulation (EC) No . . ./2002 of
the European
Parliament and of
. . ., establishing a
the Council of
Committee on Safe Seas and the Prevention of Pollution
from Ships (COSS) (*).

(a) point (c) shall be replaced by the following:

___________
(*) OJ L . . .’;

‘(c) update,

in Article 2(1),

international
conventions which are relevant for the purposes of
this Directive.’;

the list of

3) Article 18 shall be replaced by the following:

‘Article 18

(b) the following subparagraph shall be added:

1.
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 . . ./2002.

to the

‘The amendments
instruments
referred to in Article 2 may be excluded from the
scope of this Directive, pursuant to Article 5 of Regu-
lation (EC) No . . ./2002.’.

international

Article 5

Amendment to Directive 96/98/EC

Directive 96/98/EC is hereby amended as follows:

1) in Article 2, points (c), (d) and (n), the words ‘in force on
1 January 2001’ shall be replaced by ‘in its up-to-date
version’;

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
of
laying
implementing powers conferred on the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

procedures

exercise

down

the

the

for

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

3.

The Committee shall adopt its rules of procedure.

2) Article 17 shall be replaced by the following:

___________
(*) OJ L 184, 17.7.1999, p. 23.’.

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Article 6

Amendment to Directive 97/70/EC

Directive 97/70/EC is hereby amended as follows:

1) the following subparagraph shall be added to Article 8:

‘The amendments to the international instrument referred to
in Article 2(4) may be excluded from the scope of this
to Article 5 of Regulation (EC)
Directive, pursuant
No . . ./2002 of
the
Council of . . . establishing a Committee on Safe Seas and
the Prevention of Pollution from Ships (COSS) (*).

the European Parliament and of

___________
(*) OJ L . . .’;

2) Article 9 shall be replaced by the following:

‘Article 9

Committee

(b) “Intact Stability Code” means the “Code on Intact
Stability for all
ships covered by IMO
Instruments” contained in IMO Assembly Resolution
A.749(18) of 4 November 1993,
in its up-to-date
version;

types of

(c) “High-Speed Craft Code” means the “International Code
for Safety of High-Speed Craft” contained in IMO
Maritime Safety Committee Resolution MSC 36(63) of
20 May 1994, in its up-to-date version;

(d) “GMDSS” means the Global Maritime Distress and
the
Safety System as laid down in Chapter IV of
1974 Solas Convention, in its up-to-date version;

(f) “a High-Speed Passenger Craft” means a high-speed
craft as defined in Regulation X/1 of the 1974 Solas
Convention,
in its up-to-date version, which carries
more than 12 passengers; passenger ships engaged on
domestic voyages in sea areas of Class B, C or D shall
not be considered as high-speed passenger craft when:

— their displacement corresponding to the design

waterline is less than 500 m3, and

The Commission shall be assisted by the Committee
1.
on Safe Seas and the Prevention of Pollution from Ships
(COSS) created by Article 3 of Regulation (EC) No . . ./2002.

— their maximum speed, as defined in paragraph
1.4.30 of the High-Speed Craft Code, is less than
20 knots;’

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying
of
implementing powers conferred on the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

procedures

exercise

down

the

the

for

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’ shall be replaced by ‘in its up-to-date version’;

3) Article 8 shall be replaced by the following:

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

‘Article 8

Adaptations

3.

The Committee shall adopt its rules of procedure.

In accordance with the procedure laid down in Article 9(2):

___________
(*) OJ L 184, 17.7.1999, p. 23.’.

Article 7

Amendment to Directive 98/18/EC

Directive 98/18/EC is hereby amended as follows:

1) in Article 2, points (a), (b), (c), (d) and (f) shall be replaced

by the following:

‘(a)

“International Conventions” means the 1974 Inter-
national Convention for the Safety of Life at Sea (the
1974 Solas Convention), and the 1966 International
Convention on Load Lines,
together with Protocols
and amendments thereto, in their up-to-date versions;

(a)

(i) the definitions in Article 2(a), (b), (c), (d) and (t); and

(ii) the provisions relating to procedures and guidelines

for surveys referred to in Article 10;

(iii) the provisions concerning the Solas Convention and
the International Code of Safety of High-Speed
Craft, and including its subsequent amendments
laid down in Articles 4.3, 6.4, 10.3 and 11.3; and

(iv) the

specific

references

“International
Conventions” and IMO resolutions referred to in
Articles 2(f),
(k) and (o), 3.2(a), 6.1(b) and (c),
6.2(b) and 11.3,

the

to

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may be adapted in order to take account of devel-
opments at international level, in particular within
IMO;

(b) Annexes may be amended in order to:

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

made to international conventions;

2) the following subparagraph shall be added to Article 12:

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
to Article 5 of Regulation (EC)
Directive, pursuant
No . . ./2002 of
the
Council of . . . establishing a Committee on Safe Seas and
the Prevention of Pollution from Ships (COSS) (*).

the European Parliament and of

(ii) improve the technical specifications thereof, in the

light of experience.

___________
(*) OJ L . . .’;

The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
to Article 5 of Regulation (EC)
Directive, pursuant
No . . ./2002 of
the
Council of . . . establishing a Committee on Safe Seas and
the Prevention of Pollution from Ships (COSS) (*).

the European Parliament and of

___________
(*) OJ L . . .’;

4) Article 9 shall be replaced by the following:

‘Article 9

Committee

3) Article 13 shall be replaced by the following:

‘Article 13

1.
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 . . ./2002.

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying
of
implementing powers conferred on the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

procedures

exercise

down

the

the

for

The Commission shall be assisted by the Committee
1.
on Safe Seas and the Prevention of Pollution from Ships
(COSS) created by Article 3 of Regulation (EC) No . . ./2002.

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

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying
of
implementing powers conferred on the Commission (*)
shall apply, having regard to the provisions of Article 8
thereof.

procedures

exercise

down

the

the

for

3.

The Committee shall adopt its rules of procedure.

___________
(*) OJ L 184, 17.7.1999, p. 23.’.

Article 9

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

Amendment to Directive 1999/35/EC

Directive 1999/35/EC is hereby amended as follows:

3.

The Committee shall adopt its rules of procedure.

___________
(*) OJ L 184, 17.7.1999, p. 23.’.

Article 8

Amendment to Directive 98/41/EC

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

1) in Article 2, points (b), (d), (e) and (o) shall be replaced by

the following:

‘(b)

“High-Speed Passenger Craft” shall mean a high-speed
craft as defined in Regulation X/1 of the 1974 Solas
in its up-to-date version, which carries
Convention,
more than 12 passengers;

[. . .]

1) in Article 2, third indent, the words ‘as in force at the time
of the adoption of this Directive’ shall be replaced by the
words ‘in its up-to-date version’;

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

(d) “1974 Solas Convention” shall mean the International
Convention for the Safety of Life at Sea, together with
Protocols and amendments thereto,
in its up-to-date
version;

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(e) “High-Speed Craft Code” shall mean the “International
Code for Safety of High-Speed Craft” contained in IMO
Maritime Safety Committee Resolution MSC 36(63) of
20 May 1994, in its up-to-date version;

Article 10

Amendment to Directive 2000/59/EC

Directive 2000/59/EC is hereby amended as follows:

[. . .]

(o) “company” shall mean a company operating one or
more ro-ro ferries to which a document of compliance
has been issued in compliance with Article 5(2) of
Council Regulation (EC) No 3051/95 of 8 December
1995 on the safety management of roll on roll off
passenger
company
or
(ro-ro ferries)
a
to which a
operating high-speed passenger craft,
document of compliance has been issued in accordance
with Regulation IX/4 of the 1974 Solas Convention, in
its up-to-date version;’;

ferries

2) Article 16 shall be replaced by the following:

‘Article 16

Committee

1.
The Commission shall be assisted by the Committee
on Safe Seas and the Prevention of Pollution from Ships
(EC)
(COSS)
created
No . . ./2002 of
the
Council of . . . establishing a Committee on Safe Seas and
the Prevention of Pollution from Ships (COSS) (*).

by Article
the European Parliament and of

of Regulation

3

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
laying
of
implementing powers conferred on the Commission (**)
shall apply, having regard to the provisions of Article 8
thereof.

procedures

exercise

down

the

the

for

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

3.

The Committee shall adopt its rules of procedure.

___________
(*) OJ L . . .
(**) OJ L 184, 7.7.1999, p. 23.’;

3) the following subparagraph shall be added to Article 17:

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
Directive, pursuant
to Article 5 of Regulation (EC)
No . . ./2002’;

4) Annex I is hereby amended as follows:

In point 7, the words ‘MSC Resolution . . . (70)’ shall be
replaced
‘IMO Assembly Resolution
A.893(21)’.

the words

by

1) in Article 2(b) the words ‘as in force at the date of adoption
of this Directive’ shall be replaced by ‘in its up-to-date
version’;

2) Article 14(1) shall be replaced by the following:

‘Article 14

Committee

The Commission shall be assisted by the Committee
1.
on Safe Seas and the Prevention of Pollution from Ships
(EC)
(COSS)
created
No . . ./2002 of
the
Council establishing a Committee on Safe Seas and the
Prevention of Pollution from Ships (COSS) (*).

by Article
the European Parliament and of

of Regulation

3

___________
(*) OJ L . . .’;

3) the following paragraph shall be added to Article 15:

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
Directive, pursuant to Article 5 of Regulation (EC) No . . .
2002.’.

Article 11

Amendment to Directive 2001/25/EC

Directive 2001/25/EC is hereby amended as follows:

1) in Article 1, points 16, 17, 18, 21, 22, 23 and 24 shall be

replaced by the following:

‘16. “chemical tanker” shall mean a ship constructed or
adapted and used for the carriage in bulk of any
liquid product listed in Chapter 17 of the International
Bulk Chemical Code, in its up-to-date version;

17. “liquefied-gas tanker” shall mean a ship constructed or
adapted and used for the carriage in bulk of any
liquefied gas or other product listed in Chapter 19
of the International Gas Carrier Code, in its up-to-date
version;

18. “Radio Regulations” shall mean the revised radio regu-
lations, adopted by the World Administrative Radio
Conference for the Mobile Service in their up-to-date
version;

[. . .]

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21. “STCW Convention”

shall mean the International
Convention on Standards of Training, Certification
and Watchkeeping for Seafarers as it applies to the
matters concerned taking into account the transitional
provisions of Article VII and Regulation I/15 of the
Convention and including, where appropriate,
the
applicable provisions of
the STCW code, all being
applied in its up-to-date version;

22. “radio duties” shall

and technical maintenance

include, as appropriate, watch-
keeping
and repairs
conducted in accordance with the Radio Regulations,
the International Convention for the Safety of Life at
Sea (1974), (Solas Convention) and, at the discretion of
each Member State, the relevant recommendations of
the International Maritime Organisation (IMO), in their
up-to-date versions;

23. “ro-ro passenger ship” shall mean a passenger ship
with ro-ro cargo spaces or special-category spaces as
defined in the Solas Convention,
in its up-to-date
version;

24. “STCW Code”

shall mean the Seafarers' Training,
Certification and Watchkeeping (STCW) Code as
adopted by Resolution 2 of
the 1995 STCW
Conference of Parties, in its up-to-date version;’;

2) the following paragraph shall be added to Article 22:

The amendments to the international

‘4.
instruments
referred to in Article 1 may be excluded from the scope
of this Directive, pursuant to Article 5 of Regulation (EC)
No . . ./2002 of the European Parliament and of the Council
of
. . . establishing a Committee on Safe Seas and the
Prevention of Pollution from Ships (COSS) (*).

___________
(*) OJ L . . .’;

3) in Article 23, point 1 shall be replaced by the following:

‘1.
The Commission shall be assisted by the Committee
on Safe Seas and the Prevention of Pollution from Ships
(COSS)
(EC)
No . . ./2002.’.

of Regulation

by Article

created

3

Article 12

Amendment to Directive 2001/96/EC

Directive 2001/96/EC is hereby amended as follows:

1) in Article 3(2), the words ‘in force on 4 December 2001’

shall be replaced by ‘in its up-to-date version’;

2) in Article 14, point 1 shall be replaced by the following:

The Commission shall be assisted by the Committee
‘1.
on Safe Seas and the Prevention of Pollution from Ships
(EC)
(COSS)
created
No . . ./2002 of
the
Council of . . . establishing a Committee on Safe Seas and
the Prevention of Pollution from Ships (COSS) (*).

by Article
the Europen Parliament and of

of Regulation

3

___________
(*) OJ L . . .’;

3) the following paragraph shall be added to Article 15:

The amendments to the international

instruments
‘3.
referred to in Article 3 may be excluded from the scope
of this Directive, pursuant to Article 5 of Regulation (EC)
No . . ./2002.’.

Article 13

Implementation

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

When Member States adopt those measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

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

Article 14

Entry into force

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

Article 15

Addressees

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) Twelve months after the entry into force of the Directive.

16.7.2002

EN

Official Journal of the European Communities

C 170 E/105

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

In the framework of the codecision procedure (art. 251/TEC), the Council reached, on 26 March 2002,
a political agreement on amending Directives on maritime safety and the prevention of pollution from
ships as a consequence of the creation of a unified committee for maritime safety (COSS) (1). Following
legal/linguistic revision, the Council adopted its Common Position on 27 May 2002.

In taking its position, the Council took account the opinion of the European Parliament in its first
reading on 13 February 2001 (2), as well as of the opinions of the Economic and Social Committee (3)
and of the Committee of Regions (4).

The proposal is closely linked to the proposal for a Regulation establishing a Committee on Safe Seas
and the Prevention of Pollution from Ships (COSS) and amending regulations on maritime safety and
the prevention of pollution from ships (doc. 7100/02 MAR 38 CODEC 334). The objectives of the two
legislative acts are identical:

— To simplify committees procedures by replacing the diverse committees created under Community
legislation on maritime safety and the prevention of pollution by ships by one single committee, the
Committee on Safe Seas and the Prevention of Pollution by Ships (COSS).

— To accelerate and simplify the integration of international rules into Community legislation.

However, following the principle of congruent forms, whilst the Regulation, which establishes the
COSS and the procedures for its functions, amends the relevant regulations in order to take account
of the establishment of the COSS and facilitate their subsequent updating, the present act amends the
relevant directives in the area of maritime safety and the prevention of pollution by ships.

II. ANALYSIS OF THE COMMON POSITION

Given the technical features of the proposal and that the principles for its application are established in
the proposal for the Regulation, the present Council's Common Position is similar to its position on the
Regulation, which is to be found in doc. 7100/02 MAR 38 CODEC 334 ADD 1.

III. AMENDMENTS

Following the same approach as in the Common Position concerning the Regulation, the Council has
modified the description of the scope of the directives covered by the proposal to include the
prevention of pollution from ships. It shares, however, the view expressed by the Commission's that
‘the protection of the marine environment’
legislation and that
reference to this area should therefore not be included.

is covered by the environmental

The Common Position includes a few other modifications to the Commission proposals. The
description on the purpose of the Directive (Article 1) has been slightly modified in order to clarify
the reference to the update of Community legislation and to align its wording with the corresponding
provision in the Regulation. Finally, some purely technical amendments have been introduced in order
to take account of the most recent Community maritime legislation.

(1) The Commission presented its modified proposal on 27 December 2001 (doc. 5118/02 MAR 1 CODEC 11).
(2) OJ C 276, 1.10.2001, p. 42.
(3) OJ C 139, 11.5.2001, p. 21.
(4) OJ C 253, 12.9.2001, p. 1.