Common Position (EC) No 42/2002 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 Regulation of the European Parliament and of the Council establishing a Committee on Safe Seas and Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and prevention of pollution from ships
Date: 2002-05-27
Institutions: Council of the European Union
Subjects: EU law, committee (EU), international instrument, maritime law, maritime safety, pollution from ships, prevention of pollution

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COMMON POSITION (EC) No 42/2002

adopted by the Council on 27 May 2002

with a view to the adoption of a 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) and amending the Regulation on maritime safety and the prevention of pollution
from ships

(2002/C 170 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

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

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

Having regard to the opinion of
Regions (3),

the Committee of

the

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

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 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, an ad hoc
committee. These committees were 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 (6).

(1) OJ C 365E, 19.12.2000, p. 276.
(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. 42), Council Common Position of 27 May 2002
Journal) and Decision of the
(not yet published in the Official
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.

(2) By its Resolution of 8 June 1993 on a common policy on
safe seas (7), 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.

(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 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 aforesaid legislation. 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 (8), the provisions of which
should therefore be applied to COSS. 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.

(6) The measures required to implement the aforesaid legis-
lation should be adopted in accordance with Decision
1999/468/EC.

(7) OJ C 271, 7.10.1993, p. 1.
(8) OJ L 184, 17.7.1999, p. 23.

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for

the

appropriate,

(7) The aforesaid legislation should also be amended to
substitute COSS for the committee set up by Directive
93/75/EEC or, where
ad hoc
committee established under any particular act. This
Regulation should in particular amend the relevant
provisions of Council Regulations (EEC) No 613/91 of 4
March 1991 on the transfer of ships from one register to
another within the Community (1), (EC) No 2978/94 of
IMO
21 November 1994 on the implementation of
tonnage
Resolution A.747(18) on the application of
measurement of ballast spaces in segregated ballast oil
tankers (2),
(EC) No 3051/95 of 8 December 1995 on
roll-on/roll-off passenger
the
(EC) No
ferries
(ro-ro
the
417/2002 of
accelerated
Council of 18 February 2002 on the
phasing-in
design
tankers and repealing
requirements for single hull oil
Council Regulation (EC) No 2978/94 (4),
to
insert a reference to COSS and to stipulate the regulatory
procedure
of Decision
1999/468/EC.

ferries) (3)
the European Parliament and of

safety management of

and Regulation

in Article

equivalent

in order

double

down

hull

laid

or

of

5

of

rules

subsequent

resulting
the date of adoption of

the aforesaid legislation is based on the
(8) Moreover,
from international
application
the
instruments in force at
Community act in question, or at the date specified by
the latter. As a consequence, Member States cannot apply
amendments
the
international
to these
instruments until
the Community Directives or Regu-
lations have been amended. This has major disadvantages
owing to the difficulty of ensuring that the date of entry
into force of
level
coincides 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.

the amendment at

international

their

(9) However, it is necessary to draw a distinction between the
provisions of a Community act making reference, for the
purposes of
to an international
application,
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.

(10) Member States should therefore be permitted to apply the
most recent provisions of international instruments, with
those explicitly incorporated in a
the exception of

(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. Regulation as amended by
Commission Regulation (EC) No 179/98 (OJ L 19, 24.1.1998, p.
35).

(4) OJ L 64, 7.3.2002, p. 1.

Community act. This can be done by stating that the
international convention applicable for the purposes of
the Directive or Regulation concerned is that
‘in its
up-to-date version’, without mentioning the date.

(11) For reasons of transparency, the relevant amendments to
international
in
Community maritime legislation should be made public
in the Community through their publication in the Official
Journal of the European Communities.

instruments

integrated

that

are

(12) A specific

being

conformity

instruments

checking procedure

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

(13) 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
the international
deadline for the entry into force of
amendment. Consequently,
the time available to the
Council to act on the proposed measures in accordance
with Article 5(6) of Decision 1999/468/EC should be one
month,

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The purpose 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
Community maritime legislation and replaced by this Regu-
lation by establishing a single Committee on Safe Seas and
the Prevention of Pollution from Ships, to be known as
COSS;

(b) by accelerating the update of, and facilitating subsequent
amendments to, Community maritime legislation in the
light of developments in the international
instruments
referred to in Article 2(1).

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Article 2

Definitions

For the purposes of this Regulation:

1.

instruments’:

‘international
shall mean the 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) or the parties to
a memorandum of understanding referred to in the
provisions of the Community maritime legislation in force;

(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 (6),

(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 (7),

(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 (8),

2.

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

shall mean

the

(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 (9),

(a) Council Regulation (EEC) No 613/91,

(b) Council Directive 93/75/EEC,

(n) Directive 2001/96/EC of the European Parliament and
of
the Council of 4 December 2001 establishing
harmonised requirements and procedures for the safe
loading and unloading of bulk carriers (10),

(c) Council Regulation (EC) No 2978/94,

(o) Regulation (EC) No 417/2002 of

the European

Parliament and of the Council.

(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 95/21/EC of 19 June 1995 on port

State control (2),

(f) Council Regulation (EC) No 3051/95,

Article 3

Establishment of a Committee

The Commission shall be assisted by a Committee on
1.
Safe Seas and the Prevention of Pollution from Ships (here-
inafter called COSS).

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.

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

marine equipment (3),

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

(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 (4),

(i) Council Directive 98/18/EC of 17 March 1998 on
safety rules and standards for passenger ship (5),

(1) 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).

(2) 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).

(3) 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).
(4) OJ L 34, 9.2.1998, p. 1. Directive as amended by Commission

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

(5) 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).

3.

The Committee shall adopt its rules of procedure.

Article 4

Integration of amendments to international instruments in
Community law

the
the purposes of Community maritime legislation,
For
applicable international
shall be those which
instruments
have entered into force, including the most recent amendments
thereto, with the exception of the amendments excluded from
the Community maritime legislation resulting
the scope of
from the
established by
Article 5.

conformity checking procedure

(6) OJ L 188, 2.7.1998, p. 35.
(7) OJ L 138, 1.6.1999, p. 1.
(8) OJ L 332, 28.12.2000, p. 81.
(9) OJ L 136, 18.5.2001, p. 17.
(10) OJ L 13, 16.1.2002, p. 9.

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Article 5

Conformity checking procedure

Article 6

Information

1.
For the purposes of this Regulation and with a view to
reducing the risks of conflict between the Community maritime
instruments, Member States and
legislation and international
through coordination
the Commission shall
meetings and/or any other appropriate means,
in order to
define, as appropriate, a common position or approach in
the competent international fora.

cooperate,

A conformity checking procedure is hereby established in
2.
order to exclude from the scope of the Community maritime
legislation any amendment to an international instrument only
if, on the basis of an evaluation by the Commission, there is a
manifest risk that
the international amendment, within the
the Regulations or the Directives referred to in
scope of
Article 2(2), will
lower the standard of maritime safety, of
prevention of pollution from ships or of protection of
shipboard living and working conditions
established by
Community maritime legislation, or be incompatible with the
latter.

The conformity checking procedure may be used solely to
make amendments to the Community maritime legislation in
the fields expressly covered by the regulatory procedure and
strictly within the framework of exercise of
implementing
powers conferred on the Commission.

3.
the
In the circumstances referred to in paragraph 2,
conformity checking procedure shall be initiated by the
Commission, which, where appropriate, may act at
the
request of a Member State.

All relevant amendments to international instruments that are
in accordance
integrated in Community maritime legislation,
with Articles 4 and 5, shall be published,
for information
purposes, in the Official Journal of the European Communities.

Article 7

Powers of COSS

COSS shall exercise the powers conferred on it by virtue of the
Community legislation in force. Article 2(2) may be amended
by the procedure set out in Article 3(2) in order to include a
reference to the Community acts conferring implementing
powers on COSS that have entered into force following the
adoption of this Regulation.

Article 8

Amendment to Regulation (EEC) No 613/91

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

1. Article 1(a) shall be replaced by the following:

‘(a) “Conventions” means

1974

International
the
Convention for the Safety of Life at Sea (1974 Solas),
the 1966 International Convention on Load Lines
(LL66)
the
Prevention of Pollution from Ships (Marpol 73/78), in
their up-to-date versions, and related resolutions of
International
status
mandatory
Maritime Organisation (IMO);’;

International Convention for

and the

adopted

the

by

The Commission shall submit to the COSS, without delay, after
the adoption of an amendment to an international instrument
a proposal
for measures with the aim of excluding the
amendment in question from the Community text concerned.

‘Article 6

2. Articles 6 and 7 shall be replaced by the following:

including,

if applicable,
The conformity checking procedure,
the procedures set up in Article 5(6) of Decision 1999/468/EC,
shall be completed at least one month before the expiration of
the period established internationally for the tacit acceptance of
the amendment concerned or the envisaged date for the entry
into force of said amendment.

In the event of a risk as

referred to in the first
4.
subparagraph of paragraph 2, Member States shall refrain,
during the period of
the conformity checking procedure,
from any initiative intended to integrate the amendment in
national legislation or to apply the amendment to the inter-
national instrument concerned.

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 of the European Parliament and of the Council
of
. . . establishing a Committee on Safe Seas and the
Prevention of Pollution from Ships (COSS) (*).

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.

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3.

The Committee shall adopt its rules of procedure.

implementing powers conferred on the Commission (*) shall
apply, having regard to the provisions of Article 8 thereof.

Article 7

The amendments to the international instruments referred
to in Article 1 may be excluded from the scope of this
Regulation, pursuant to Article 5 of Regulation (EC) No
. . ./2002.

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

Article 9

Amendment to Regulation (EC) No 2978/94

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.

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

Article 10

Amendment to Regulation (EC) No 3051/95

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

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

1. the following subparagraph shall be added to Article 9:

1. Article 3(g) shall be 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, in
their up-to-date versions;’.

‘The amendments to the international instruments referred
to in Article 2 may be excluded from the scope of this
Regulation, 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) (*).

2. the following paragraph shall be added to Article 6:

___________
(*) OJ L . . .’.

‘The amendments to the international instruments referred
to in Article 3 may be excluded from the scope of this
Regulation, 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) (*).

2. Article 10 shall be replaced by the following:

‘Article 10

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.

___________
(*) OJ L . . .’.

3. Article 7 shall be replaced by the following:

‘Article 7

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

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.

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. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC of 28 June 1999
of
laying

procedures

exercise

down

the

the

for

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

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Article 11

Amendment to Regulation (EC) No 417/2002

Regulation (EC) No 417/2002 is hereby amended as follows:

1. Article 3(1) shall be replaced by the following:

‘1. 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.’;

2.

in Article 10, 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) created by Article 3 of Regulation (EC) No
. . . of the European Parliament and of the
. . ./2002 of

Council establishing a Committee on Safe Seas and the
Prevention of Pollution from Ships (COSS) (*).

___________
(*) OJ L . . .’.

3. the following subparagraph shall be added to Article 11:

‘The amendments to the international instrument referred to
in Article 3(1) may be excluded from the scope of this
Regulation, pursuant to Article 5 of Regulation (EC) No
. . ./2002.’

Article 12

Entry into force

This Regulation shall enter into force on the twentieth day
following that of 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.

Done at . . .

For the European Parliament
The President

For the Council

The President

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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 a draft regulation concerning the establishment of the Committee on Safe Seas
and the Prevention of Pollution from Ships and amending existing Regulations on maritime safety and
the prevention of pollution from ships (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 regulation has two main objectives:

— 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). The tasks previously
carried out by existing committees will thus be centralised in the COSS.

— To accelerate and simplify the integration of

international rules into Community legislation,
allowing for a ‘direct’ or ‘semi-automatic’ application of amendments of
international rules
subject to a prior conformity check. The safeguard mechanism will be activated at the initiative
of the Commission, eventually at the request of a Member State, if the amendment to the inter-
national rules is incompatible with Community law or if there is a risk that it lowers the level of
maritime safety standards in the Community.

II. ANALYSIS OF THE COMMON POSITION

The Council agrees with the objective of the proposal as an appropriate simplifying measure. The
creation of the COSS, which will consolidate in a single committee all comitology procedures set up
under various Directives and Regulations on maritime safety, should result in greater transparency of
committee work and a more coherent implementation of Community policies in the area of maritime
safety and prevention of pollution from ships. The centralisation of the tasks that are currently carried
by several existing committees should furthermore lead to less bureaucracy and minimise costs through
a reduction in the number of meetings. The COSS will be subject to the procedures for the exercise of
implementing powers conferred on the Commission set up by Council Decision 1999/468/EC (5).

The Council also supports the thrust of the proposals with regard to the swift application of the most
recent rules on maritime safety and the prevention of pollution from ships adopted in international
fora. In this respect, the Council shares the view that the procedures set up to ensure a prompt
amendment of the relevant Community legislation in response to amendments to international rules
should be subject to prior conformity check in order to avoid the application of provisions that are
incompatible with Community law or lower the level of Community maritime safety standards.
However, the Council considers that it is important to define clearly the circumstances under which
the conformity checking procedure will be activated and to ensure that the procedure in its entirety
could be concluded in good time before the period established for the tacit acceptance or the envisaged
date of entry of the concerned international amendment. Furthermore, it wishes to ensure that the
integration of relevant amendments to international instruments in Community maritime legislation is
as transparent as possible.

(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.
(5) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise implementing powers

conferred on the Commission (OJ L 184, 17.7.1999, p. 23).

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III. AMENDMENTS

The Council's common position includes, in whole or in substance, the amendments proposed by the
European Parliament in its first reading of the proposal.

— The Council has modified the description of the Committee's tasks and of the scope of the legis-
lation covered by the proposal to include the prevention of pollution from ships and shipboard
living and working conditions. Consequently, and as proposed by Parliament, the Committee's name
has been changed to ‘Committee on Safe Seas and the Prevention of Pollution from Ships’, although
is maintained. The Council, however, shares the
for reasons of clarity the abbreviation ‘COSS’
Commission's view that ‘the protection of the marine environment’ is covered by the environmental
legislation and that reference to this area should therefore not be included.

— The role of the European Parliament in the regulatory procedure set up by Council Decision

1999/468/EC has been explicitly referred to (Recital 5).

— As suggested by Parliament, an explicit reference to the abolition of the Committees set up under

Community maritime legislation has been included (Article 1).

— The Council fully shares Parliament's opinion that the conformity checking procedure in order to
exclude an amendment to an international instrument from the scope of Community legislation
should only be used if it has previously been established that the amendment will lower maritime
safety standards or be incompatible with Community legislation. To this effect, the Council has
made the activation of the conformity checking procedure depending on an evaluation, to be
carried out by the Commission, that
there is a manifest risk in this respect. The Council's
amendment should be seen in connection with the other modifications introduced in order to
clarify the conditions under which the conformity checking procedure may be initiated (Article 4
and 5).

Finally, the common position includes some modifications of the Commission proposals in line with
the principles outlined in Part II of this document:

— The Council has introduced various amendments in order to clarify the circumstances under which
the conformity checking procedure will be activated and to improve the presentation of the
provisions concerning the various aspects of the procedure (Articles 4 and 5). In this respect, a
broader reference to the integration of amendments to international rules into Community legis-
lation and the principles on which this is based has been introduced, making it clear that the
conformity checking procedure should be considered an exceptional measure that may be activated
only under specific circumstances. The Council has also included a reference to the cooperation
between the Commission and the Member States in the relevant international fora in order to
reduce the risks that amendments to international instruments are adopted which are incompatible
with Community legislation.

Furthermore,
in order to avoid that the time required for the conformity checking procedure
exceeds the period established for the tacit acceptance or the entry into force of an international
amendment, the Council has established that the Commission — eventually acting at request of a
Member State — shall
initiate the conformity checking procedure without delay and that the
procedure shall be completed at least one month before the expiration of the period mentioned
above.

— In order to ensure that the integration of international amendments into Community maritime
legislation is as transparent as possible, the Council has introduced a provision establishing that all
relevant amendments shall be published in the Official Journal of the European Communities (Recital 11
and Article 6).