Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC
Date: 2002-06-27
Institutions: Council of the European Union, European Parliament
Subjects: information system, maritime safety, maritime transport, pollution from ships, transport accident, transport of dangerous goods

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DIRECTIVE 2002/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 27 June 2002

establishing a Community vessel traffic monitoring and information system and repealing Council
Directive 93/75/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

fuller reporting system for the Community, possibly
covering ships transiting along the coasts of Member
States.

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 indicated in Article
251 of the Treaty (4),

Whereas:

(1)

(2)

at Community level was

In its communication of 24 February 1993 on a
common policy on safe seas, the Commission indicated
that one objective
the
introduction of a mandatory information system to give
Member States rapid access to all important information
relating to the movements of ships carrying dangerous
or polluting materials and to the precise nature of their
cargo.

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) introduced a system whereby the
competent authorities
receive information regarding
ships bound for or leaving a Community port and
carrying dangerous or polluting goods, and regarding
incidents at sea. That Directive requires the Commission
to produce new proposals for the introduction of a

(1) OJ C 120 E, 24.4.2001, p. 67 and
OJ C 362 E, 18.12.2001, p. 255.

(2) OJ C 221, 7.8.2001, p. 54.
(3) OJ C 357, 14.12.2001, p. 1.
(4) Opinion of the European Parliament of 14 June 2001 (OJ C 53 E,
28.2.2002, p. 304), Council Common Position of 19 December
2001 (OJ C 58 E, 5.3.2002, p. 14) and Decision of the European
Parliament of 10 April 2002 (not yet published in the Official
Journal). Council Decision of 25 June 2002.
(5) OJ L 247, 5.10.1993, p. 19. Directive as

last amended by

(3)

(4)

(5)

(6)

(7)

The Council Resolution of 8 June 1993 on a common
policy on safe seas (6) agreed that the main objectives of
Community action included the adoption of a fuller
information system.

Setting up a Community vessel traffic monitoring and
information system should help to prevent accidents
and pollution at sea and to minimise their impact on
the marine and coastal environment, the economy and
the health of
local communities. The efficiency of
maritime traffic, and in particular of the management of
ships’ calls into ports, also depends on ships giving
sufficient advance notice of their arrival.

Several mandatory ship reporting systems have been set
up along Europe’s coasts,
in accordance with the
relevant rules adopted by the International Maritime
Organisation (IMO). It ought to be ensured that ships
comply with the reporting requirements in force under
these systems.

Vessel traffic services and ships’ routing systems have
also been introduced and are playing an important part
in the prevention of accidents and pollution in certain
shipping areas which are congested or hazardous for
shipping.
traffic
services and that
they follow the rules applicable to
ships’ routing systems approved by the IMO.

is necessary that ships use vessel

It

Key technological progress has been made in the area of
on-board equipment allowing automatic identification of
ships (AIS systems) for enhanced ship monitoring, as
well as voyage data recording (VDR systems or (cid:145)black
boxes(cid:146))
to facilitate investigations following accidents.
Given its importance in the formulation of a policy to
prevent shipping accidents, such equipment should be
made compulsory on board ships making national or
international voyages which call at Community ports.
The data provided by a VDR system can be used both

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

(6) OJ C 271, 7.10.1993, p. 1.

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(8)

(9)

(10)

an accident

to investigate

after
and
preventively to learn the necessary lessons from such
situations. Member States should encourage the use of
such data for both purposes.

causes

its

authorities,
In the light of

zone or equivalent, should report such occurrences to
appropriate
coastal
the
information.
their specific situation,
Member States should be given flexibility in choosing
which of the abovementioned geographical areas should
be covered by the reporting obligation.

supplying

all

Member States should ensure that the coastal stations of
the competent authorities have available, in addition to
appropriate technical equipment, sufficient and properly
qualified staff.

(14)

In the event of an incident or accident at sea, full and
complete cooperation by the parties involved in the
carriage contributes significantly to the effectiveness of
operations by the competent authorities.

such as

incidents,

Accurate knowledge of dangerous or polluting goods
being carried on board ships and of other relevant
information relating to
safety information,
navigational
to the preparation
and effectiveness of operations to tackle pollution or the
risk of pollution at sea. Ships leaving or bound for
Member States’ ports must notify this information to the
competent authorities or port authorities of
those
Member States.

is essential

To streamline and accelerate the transmission and
utilisation of what may be huge amounts of information
on cargo, such information ought to be sent, whenever
practicable, electronically to the competent authority or
reasons,
port
information between the
exchanges of
competent
authorities of
the Member States should take place
electronically.

authority concerned.

same

For

the

(15) Where a competent authority designated by a Member
State considers, upon a sea state and weather forecast
information
provided by a qualified meteorological
service, that exceptionally bad weather or sea conditions
are creating a serious threat for the safety of human life
or of pollution, it should inform the master of a ship,
which intends to enter or leave the port, of the situation
and may take any other appropriate measures. Without
prejudice to the duty of assistance to ships in distress,
these might include a prohibition to enter or to leave
port, until the situation returns to normal. In the event
of a possible risk to safety or of pollution and taking
into account
situation in the port
concerned,
the competent authority may recommend
ships not to leave the port. If the master chooses to
leave the port, he/she does so in any case under his/her
own responsibility and should state the reasons for
his/her decision.

specific

the

(11) Where

to

the

have,

concerned

companies

the
introduced internal
satisfaction of the Member States,
procedures to ensure that information required by the
Directive is sent to the competent authority without
delay, it must be possible to exempt scheduled services
between two or more States, of which at least one is a
Member State, from the reporting requirement for each
voyage.

(12)

Because of
their behaviour or condition, some ships
pose potential risks to the safety of shipping and the
should pay particular
environment. Member States
attention to the monitoring of such ships,
take the
appropriate measures to prevent any worsening of the
risk they pose, and send any relevant information they
possess on these ships to the other Member States
concerned.
be
Such appropriate measures
measures provided for by port State control activities.

could

in the event of an accident at

(16) Non-availability of a place of refuge may have serious
consequences
sea.
Member States should therefore draw up plans whereby
if the situation so requires, be
ships in distress may,
given refuge in their ports or any other sheltered area in
the best conditions possible. Where necessary and
feasible,
these plans should include the provision of
adequate means and facilities for assistance, salvage and
pollution response. Ports accommodating a ship in
distress should be able to rely on prompt compensation
for any costs and damage involved in this operation.
The Commission
the
introducing an adequate system of
possibilities
compensation
Community
for
accommodating a ship in distress and the feasibility of
requiring a ship coming to a Community port to be
adequately insured.

therefore

examine

should

ports

the

for

in

(13) Member States need to guard against

the threats to
maritime safety, to the safety of individuals and to the
marine and coastal environment created by incidents,
accidents or certain other situations at sea and by the
presence of polluting slicks or packages drifting at sea.
To this end, masters of ships sailing within Member
search and rescue region/exclusive economic
States’

(17) A framework for cooperation between the Member
States and the Commission needs to be established to
enhance the implementation of
the monitoring and
information system for maritime traffic, with proper
communication links being established between the
competent authorities and ports of the Member States.
Moreover, the coverage of the ship identification and

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it

areas of

In addition,

the Community where

monitoring system needs to be supplemented in those
is
shipping
insufficient.
information management
centres ought to be set up in the Community’s maritime
regions so as to facilitate the exchange or sharing of
useful data in relation to traffic monitoring and the
this Directive. The Member States
implementation of
to
and
cooperate with third countries
these
objectives.

also endeavour
to achieve

the Commission should

(18)

(19)

(20)

The effectiveness of this Directive depends greatly on
the Member States enforcing its implementation strictly.
To this end, Member States must regularly carry out
appropriate inspections or any other action required to
ensure that the communication links established to meet
the
are operating
satisfactorily. A system of sanctions should also be
introduced to ensure that the parties concerned comply
with the reporting and equipment carrying requirements
laid down by this Directive.

requirements of

this Directive

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 (1).

Certain provisions of this Directive may be amended by
that procedure so as to take account of the development
of Community and international
instruments and of
experience gained in implementing this Directive, in so
far as such amendments do not broaden the scope of
the Directive. A useful
for the Commission to
tool
evaluate the experience gained in implementing the
Directive is an adequate reporting by Member States on
such implementation.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to establish in the Community
a vessel traffic monitoring and information system with a view
to enhancing the safety and efficiency of maritime traffic,
improving the response of authorities to incidents, accidents or
potentially dangerous situations at sea,
including search and
rescue operations, and contributing to a better prevention and
detection of pollution by ships.

Member States
shall monitor and take all necessary and
appropriate measures to ensure that the masters, operators or
agents of ships, as well as shippers or owners of dangerous or
polluting goods carried on board such ships, comply with the
requirements under this Directive.

Article 2

Scope

This Directive applies to ships of 300 gross tonnage and

1.
upwards, unless stated otherwise.

2.

This Directive shall not apply to:

(a) warships, naval auxiliaries and other

ships owned or
operated by a Member State and used for non-commercial
public service;

(b) fishing vessels, traditional ships and recreational craft with

a length of less than 45 metres;

(21)

The provisions of Directive 93/75/EEC are significantly
reinforced, extended and amended by this Directive.
Accordingly, Directive 93/75/EEC should be repealed.

(c) bunkers below 5 000 tons, ships’ stores and equipment for

use on board ships.

(22)

Since the objectives of the proposed action, namely the
enhancing of
the safety and efficiency of maritime
traffic, cannot be sufficiently achieved by the Member
the scale or
States and can therefore, by reason of
effects of the proposed action, be better achieved at
Community level, the Community may 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,

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

Article 3

Definitions

For the purpose of this Directive

(a)

(cid:145)Relevant international
instruments:

instruments(cid:146) means the following

(cid:151) MARPOL means the International Convention for the
Prevention of Pollution from Ships, 1973 and the
1978 Protocol thereto;

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(cid:151) SOLAS means the International Convention for the
Safety of Life at Sea, together with the protocols and
amendments thereto;

(e)

(cid:145)company(cid:146) means a company within the meaning of
Regulation 1(2) of Chapter IX of the SOLAS Convention;

(cid:151) the International Convention on Tonnage Measurement

of Ships, 1969;

(cid:151) the International Convention relating to Intervention
on the High Seas in Cases of Oil Pollution Casualties,
1969 and its 1973 Protocol relating to Intervention on
the High Seas in Cases of Pollution by Substances
other than Oil;

(cid:151) SAR Convention means the International Convention

on Maritime Search and Rescue, 1979;

(f)

(cid:145)ship(cid:146) means any sea-going vessel or craft;

(g)

(cid:145)dangerous goods(cid:146) means:

(cid:151) goods classified in the IMDG Code,

(cid:151) dangerous liquid substances listed in Chapter 17 of the

IBC Code,

(cid:151) liquefied gases listed in Chapter 19 of the IGC Code,

(cid:151) ISM Code means the International Safety Management

Code;

(cid:151) solids referred to in Appendix B of the BC Code.

(cid:151) IMDG Code means

the

International Maritime

Dangerous Goods Code;

Also included are goods
the carriage of which
appropriate preconditions have been laid down in
accordance with paragraph 1.1.3 of
the IBC Code or
paragraph 1.1.6 of the IGC Code;

for

(cid:151) IBC Code means the IMO International Code for the
carrying
equipment

ships

of

construction
dangerous chemicals in bulk;

and

(cid:151) IGC Code means the IMO International Code for the
construction and equipment of ships carrying liquefied
gases in bulk;

(cid:151) BC Code means the IMO Code of Safe Practice for

Solid Bulk Cargoes;

(cid:151) INF Code means the IMO Code for the Safe Carriage of
Irradiated Nuclear Fuel, Plutonium and High-Level
Radioactive Wastes in Flasks on board Ships;

(cid:151) IMO Resolution A.851(20) means

International
Maritime Organisation Resolution 851(20) entitled
(cid:145)General principles for ship reporting systems and ship
for
reporting
reporting incidents involving dangerous goods, harmful
substances and/or marine pollutants(cid:146);

requirements,

guidelines

including

(b)

(cid:145)operator(cid:146) means the owner or manager of a ship;

(c)

(cid:145)agent(cid:146) means any person mandated or authorised to
supply information on behalf of the operator of the ship;

(h)

(cid:145)polluting goods(cid:146) means:

(cid:151) oils as defined in Annex I to the MARPOL Convention,

(cid:151) noxious liquid substances as defined in Annex II to the

MARPOL Convention,

(cid:151) harmful substances as defined in Annex III

to the

MARPOL Convention;

(cid:145)cargo transport unit(cid:146) means a road freight vehicle, a
railway freight wagon, a freight container, a road tank
vehicle, a railway wagon, or portable tank;

(cid:145)address(cid:146) means the name and the communication links
whereby contact may, where necessary, be made with the
operator, agent, port authority, competent authority or any
other authorised person or body in possession of detailed
information regarding the ship’s cargo;

authorities(cid:146) means

(cid:145)competent
and
organisations designated by Member States to receive and
pass on information reported pursuant to this Directive;

authorities

the

(i)

(j)

(k)

(d)

(cid:145)shipper(cid:146) means any person by whom or in whose name or
on whose behalf a contract of carriage of goods has been
concluded with a carrier;

(l)

(cid:145)port authority(cid:146) means the competent authority or body
designated by Member States for each port to receive and
pass on information reported pursuant to this Directive;

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(m) (cid:145)place of refuge(cid:146) means a port,

the part of a port or
another protective berth or anchorage or any other
sheltered
for
by
accommodating ships in distress;

a Member

identified

State

area

(n) (cid:145)coastal station(cid:146) means any of the following, designated by
Member States pursuant to this Directive: a vessel traffic
service;
a
mandatory reporting system approved by the IMO; or a
body responsible for coordinating search and rescue
operations or operations to tackle pollution at sea;

shore-based installation responsible

for

a

(o)

(cid:145)vessel traffic service (VTS)(cid:146) means a service designed to
improve the safety and efficiency of vessel traffic and to
protect
the capability to
interact with the traffic and to respond to traffic situations
developing in the VTS area;

the environment, which has

(p) (cid:145)ship’s routing system(cid:146) means any system of one or more
routes or routing measures aimed at reducing the risk of
casualties; it includes traffic separation schemes, two-way
routes, recommended tracks, areas to be avoided, inshore
traffic
and
deep-water routes;

roundabouts, precautionary

zones,

areas

(c)

if the port of call is not known or it is changed during the
voyage, as soon as this information is available.

2.
Ships coming from a port outside the Community and
bound for a port of a Member State carrying dangerous or
polluting goods, shall comply with the notification obligations
of Article 13.

Article 5

Monitoring of ships entering the area of mandatory ship
reporting systems

1.
The Member State concerned shall monitor and take all
necessary and appropriate measures to ensure that all ships
entering the area of a mandatory ship reporting system,
adopted by the IMO according to Regulation 11 Chapter V of
the SOLAS Convention and operated by one or more States, of
which at least one is a Member State, in accordance with the
relevant guidelines and criteria developed by the IMO, comply
with that system in reporting the information required without
prejudice to additional
information required by a Member
State in accordance with IMO Resolution A.851(20).

(q)

(cid:145)traditional ships(cid:146) means all kinds of historical ships and
their replicas including those designed to encourage and
promote traditional skills and seamanship, that together
serve as living cultural monuments, operated according to
traditional principles of seamanship and technique;

2. When submitting a new mandatory ship reporting
system to the IMO for adoption or a proposal to amend an
existing reporting system, a Member State shall include in its
proposal at least the information referred to in Annex I(4).

(r)

(cid:145)casualty(cid:146) means a casualty within the meaning of the IMO
the investigation of marine casualties and
Code for
incidents.

TITLE I

SHIP REPORTING AND MONITORING

Article 6

Use of automatic identification systems

1.
Any ship calling at a port of a Member State must, in
accordance with the timetable set out in Annex II(I), be fitted
with an AIS which meets the performance standards drawn up
by the IMO.

Article 4

Notification prior to entry into ports of the Member
States

The operator, agent or master of a ship bound for a port
1.
of a Member State shall notify the information in Annex I(1)
to the port authority:

Ships fitted with an AIS, shall maintain it in operation at
rules or
navigational

times except where international agreements,
the

protection

provide

for

of

2.
all
standards
information.

Article 7

Use of ship’s routing systems

(a) at least twenty-four hours in advance; or

(b) at the latest, at the time the ship leaves the previous port,

if the voyage time is less than twenty-four hours; or

1. Member States shall monitor and take all necessary and
appropriate measures to ensure that all ships entering the area
of a mandatory ships’ routing system adopted by the IMO
the SOLAS
according to Regulation 10 Chapter V of

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Convention and operated by one or more States, of which at
least one is a Member State, use the system in accordance with
the relevant guidelines and criteria developed by the IMO.

be completed by the end of 2007. Member States shall ensure
that the appropriate equipment for relaying the information to,
and exchanging it between, the national systems of Member
States shall be operational at the latest one year thereafter.

2. When implementing a ship’s routing system, which has
not been adopted by the IMO, under their responsibility,
Member States shall take into account, wherever possible, the
guidelines and criteria developed by the IMO and promulgate
all information necessary for the safe and effective use of the
ship’s routing system.

3. Member States shall ensure that the coastal stations in
charge of monitoring the compliance with vessel
traffic
services and ships’ routing systems have sufficient and properly
qualified staff available, as well as appropriate means of
communication and ship monitoring and that they operate in
accordance with the relevant IMO guidelines.

Article 8

Monitoring of the compliance of ships with vessel traffic
services

Article 10

Member States
appropriate measures to ensure that:

shall monitor and take all necessary and

(a) ships entering the area of applicability of a VTS operated
by one or more States, of which at least one is a Member
State, within their
sea and based on the
guidelines developed by the IMO, participate in, and
comply with, the rules of that VTS;

territorial

(b) ships flying the flag of a Member State or ships bound for
a port of a Member State and entering the area of
applicability of such a VTS outside the territorial sea of a
Member State and based on the guidelines developed by
the IMO, comply with the rules of that VTS;

(c) ships flying the flag of a third State and not bound for a
port in a Member State entering a VTS area outside the
territorial sea of a Member State, follow the rules of that
VTS wherever possible. Member States should report to the
flag State concerned any apparent serious breach of those
rules in such a VTS area.

Voyage data recorder systems

1. Member States shall monitor and take all necessary and
appropriate measures to ensure that ships calling at a port of a
Member State are fitted with a voyage data recorder (VDR)
system in accordance with the rules laid down in Annex II(II).
Any exemptions granted to ro-ro ferries or high-speed
passenger craft under Article 4(1)(d) of 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 (1) shall
terminate on 5
August 2002.

Data which have been collected from a VDR system shall
2.
be made available to the Member State concerned in the event
of an investigation following a casualty occurring within the
waters under the jurisdiction of a Member State. Member
States shall ensure that such data are used in the investigation
and are properly analysed. Member States shall ensure that the
findings of the investigation are published as soon as possible
after its conclusion.

Article 9

Infrastructure for ship reporting systems, ships’ routing
systems and vessel traffic services

Article 11

Casualty investigation

1. Member States shall take all necessary and appropriate
measures to provide themselves gradually, on a time-schedule
in Annex II(I), with
compatible with the timetable set out
appropriate
for
receiving and utilising the AIS information taking into account
a necessary range for transmission of the reports.

and shore-based installations

equipment

Without prejudice to Article 12 of Directive 1999/35/EC,
Member States shall comply with the provisions of the IMO
Code for the investigation of marine casualties and incidents
when conducting any marine casualty or incident investigation
involving a ship referred to in this Directive. Member States
shall cooperate in the investigation of marine casualties and
incidents involving ships flying their flag.

2.
The process of building up all necessary equipment and
shore-based installations for implementing this Directive shall

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

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TITLE II

NOTIFICATION OF DANGEROUS OR POLLUTING GOODS ON
BOARD SHIPS (HAZMAT)

Article 12

Obligations on the shipper

No dangerous or polluting goods may be offered for carriage
or taken on board any ship, irrespective of its size, in a port of
a Member State unless a declaration has been delivered to
the master or operator containing the information listed in
Annex I(2).

long enough for it to be usable in the event of an incident or
accident at sea. The port authority shall take the necessary
measures
information electronically and
without delay to the competent authority, 24 hours a day
upon request.

to provide

this

The operator, agent or master of

4.
ship must
communicate the cargo information indicated in Annex I(3) to
the port authority or the competent authority.

the

The information must be transferred electronically whenever
practicable. The electronic message exchange must use the
syntax and procedures set out in Annex III.

Article 14

Computerised exchange of data between Member States

It shall be the duty of the shipper to deliver to the master or
operator such declaration and to ensure that the shipment
offered for carriage is indeed the one declared in compliance
with the first subparagraph.

Member States shall cooperate to ensure the interconnection
and interoperability of the national systems used to manage
the information indicated in Annex I.

Communication systems
subparagraph must display the following features:

set up pursuant

to the

first

Article 13

Notification of dangerous or polluting goods carried on
board

1.
The operator, agent or master of a ship, irrespective of
its size, carrying dangerous or polluting goods and leaving a
port of a Member State shall, at the latest at the moment of
departure, notify the information indicated in Annex I(3) to
the competent authority designated by that Member State.

(a) data exchange must be electronic and enable messages
notified in accordance with Article 13 to be received and
processed;

(b) the system must allow information to be transmitted 24

hours a day;

(c) each Member State must be able, upon request, to send
information on the ship and the dangerous or polluting
goods on board without delay to the competent authority
of another Member State.

The operator, agent or master of a ship, irrespective of
2.
its size, carrying dangerous or polluting goods coming from a
port located outside the Community and bound for a port of a
Member State or an anchorage located in a Member State’s
territorial waters shall, at the latest upon departure from the
loading port or as soon as the port of destination or the
location of
this information is
unavailable at the moment of departure, notify the information
indicated in Annex I(3)
the
Member State in which the first port of destination or
anchorage is located.

to the competent authority of

the anchorage is known,

if

3. Member States may put in place a procedure authorising
the operator, agent or master of a ship referred to in
paragraphs 1 and 2 to notify the information listed in
Annex I(3) to the port authority of the port of departure or
destination in the Community, as appropriate.

The procedure put in place must ensure that the competent
authority has access to the information indicated in Annex I(3)
at all times should it be needed. To this end, the port authority
concerned shall retain the information listed in Annex I(3)

Article 15

Exemptions

1. Member States may exempt scheduled services performed
between ports located on their territory from the requirement
laid down in Article 13 where the following conditions are
met:

(a)

the company operating the scheduled services referred to
above keeps and updates a list of the ships concerned and
sends it to the competent authority concerned,

(b) for each voyage performed,

the information listed in
Annex I(3) is kept available for the competent authority
upon request. The company must establish an internal
system to ensure that, upon request 24 hours a day and
without delay, the said information can be sent to the
competent authority electronically,
in accordance with
Article 13(4).

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2. When an international
scheduled service is operated
least one is a
between two or more States, of which at
Member State, any of the Member States involved may request
of the other Member States that an exemption be granted to
that service. All Member States involved, including the coastal
States concerned, shall collaborate in granting an exemption to
the service concerned in accordance with the conditions laid
down in paragraph 1.

or notification by a Member State in accordance with
Annex I-1 to Council Directive 95/21/EC of 19 June 1995
on port State control of shipping (1).

Coastal stations holding relevant

information on the
2.
ships referred to in paragraph 1 shall communicate it to the
coastal stations concerned in the other Member States located
along the planned route of the ship.

shall

States

periodically

the
3. Member
conditions laid down in paragraphs 1 and 2 are being met.
Where at least one of these conditions is no longer being met,
Member States shall immediately withdraw the privilege of the
exemption from the company concerned.

check

that

4. Member States shall communicate to the Commission a
list of companies and ships granted exemption under this
Article, as well as any updating of that list.

the

that

shall

States

ensure

3. Member
information
communicated to them under paragraph 2 is transmitted to
the relevant port authorities and/or any other authority
designated by the Member State. Within the limits of their
available staff capacity, Member States shall carry out any
appropriate inspection or verification in their ports either on
their own initiative or at the request of another Member State,
without prejudice to any port State control obligation. They
shall inform all Member States concerned of the results of the
action they take.

TITLE III

Article 17

MONITORING OF HAZARDOUS SHIPS AND INTERVENTION
IN THE EVENT OF INCIDENTS AND ACCIDENTS AT SEA

Reporting of incidents and accidents at sea

Article 16

Transmission of information concerning certain ships

Ships meeting the criteria set out below shall be
1.
considered to be ships posing a potential hazard to shipping
or a threat to maritime safety, the safety of individuals or the
environment:

(a) ships which, in the course of their voyage:

(cid:151) have been involved in incidents or accidents at sea as

referred to in Article 17; or

(cid:151) have failed to comply with the notification and
reporting requirements imposed by this Directive; or

(cid:151) have failed to comply with the applicable rules in
the

routing systems and VTS placed under

ships’
responsibility of a Member State;

(b) ships in respect of which there is proof or presumptive
evidence of
discharges of oil or other
infringements of the MARPOL Convention in waters under
the jurisdiction of a Member State;

deliberate

(c) ships which have been refused access to ports of

the
Member States or which have been the subject of a report

1. Without prejudice to international law and with a view
to preventing or mitigating any significant threat to maritime
safety, the safety of individuals or the environment, Member
States shall monitor and take all appropriate measures to
ensure that the master of a ship sailing within their search and
rescue
equivalent,
economic
immediately reports to the coastal station responsible for that
geographical area:

region/exclusive

zone

or

(a) any incident or accident affecting the safety of the ship,
such as collision, running aground, damage, malfunction
or breakdown, flooding or shifting of cargo, any defects in
the hull or structural failure;

failures

such as

(b) any incident or accident which compromises shipping
safety,
ship’s
manoeuvrability or seaworthiness, or any defects affecting
the electrical
the propulsion system or
generating
or
communications equipment;

steering gear,

equipment

navigation

to affect

system,

likely

the

(c) any situation liable to lead to pollution of the waters or
shore of a Member State, such as the discharge or threat of
discharge of polluting products into the sea;

(d) any slick of polluting materials and containers or packages

seen drifting at sea.

(1) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive
the Council

the European Parliament and of

2001/106/EC of
(OJ L 19, 22.1.2002, p. 17).

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the port of destination,

2.
The report message sent in application of paragraph 1
shall include at least the ship’s identity, its position, the port of
departure,
the address from which
information may be obtained on the dangerous and polluting
goods carried on board, the number of persons aboard, details
of the incident and any relevant information referred to in
IMO Resolution A.851(20).

measures consistent with international law, where necessary to
ensure the safety of shipping and of persons and to protect the
marine and coastal environment.

Annex IV sets out a non-exhaustive list of measures available
to Member States pursuant to this Article.

Article 18

Measures in the event of exceptionally bad weather

1. Where the competent authorities designated by Member
States consider, in the event of exceptionally bad weather or
sea conditions, that there is a serious threat of pollution of
their shipping areas or coastal zones, or of the shipping areas
or coastal zones of other States, or that the safety of human
life is in danger:

(a)

they should, where possible, fully inform the master of a
ship which is in the port area concerned, and intends to
enter or leave that port, of
the sea state and weather
conditions and, when relevant and possible, of the danger
they may present to his/her ship, the cargo, the crew and
the passengers;

The operator, the master of the ship and the owner of
2.
the dangerous or polluting goods carried on board must, in
accordance with national and international law, cooperate fully
with the competent national authorities, at the latter’s request,
with a view to minimising the consequences of an incident or
accident at sea.

The master of a ship to which the provisions of the ISM
3.
in accordance with that Code,
Code are applicable shall,
inform the company of any incident or accident, as referred to
in Article 17(1), which occurs at sea. As soon as it has been
informed of such a situation, the company must contact the
competent coastal station and place itself at its disposal as
necessary.

appropriate measures, which may

(b) they may take, without prejudice to the duty of assistance
to ships in distress and in accordance with Article 20, any
other
a
recommendation or a prohibition either for a particular
ship or for ships in general to enter or leave the port in
the areas affected, until it has been established that there is
no longer a risk to human life and/or to the environment;

include

(c)

they shall take appropriate measures to limit as much as
possible or, if necessary, prohibit the bunkering of ships in
their territorial waters.

2.
The master shall inform the company of the appropriate
measures or recommendations referred to under paragraph 1.
These do not however prejudice the decision of the master on
the basis of his/her professional
judgement corresponding to
the SOLAS Convention. Where the decision taken by the
master of the ship is not in accordance with the measures
referred to under paragraph 1, he/she shall
inform the
competent authorities of the reasons for his/her decision.

3.
The appropriate measures or recommendations, referred
to under paragraph 1, shall be based upon a sea state and
weather
forecast provided by a qualified meteorological
information service recognised by the Member State.

Article 19

Measures relating to incidents or accidents at sea

1.
in Article 17, Member States

In the event of incidents or accidents at sea as referred to
take all appropriate

shall

Article 20

Places of refuge

shall

Such

plans

distress.

Member States, having consulted the parties concerned, shall
draw up, taking into account relevant guidelines by IMO, plans
to accommodate, in the waters under their jurisdiction, ships
necessary
in
arrangements and procedures taking into account operational
and environmental constraints, to ensure that ships in distress
may immediately go to a place of
to
authorisation by the competent authority. Where the Member
the plans must
it necessary and feasible,
State considers
contain arrangements for the provision of adequate means and
facilities for assistance, salvage and pollution response.

contain

subject

refuge

the

Plans for accommodating ships in distress shall be made
available upon demand. Member States
inform the
Commission by 5 February 2004 of the measures taken in
application of the first paragraph.

shall

Article 21

Information of the parties concerned

station of

The competent coastal

1.
the Member State
concerned shall, as necessary, broadcast within the relevant
areas any incident or accident notified under Article 17(1) and
information with regard to any ship that poses a threat to
maritime safety, the safety of individuals or the environment.

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2.
Competent authorities holding information notified in
accordance with Articles 13 and 17 shall make adequate
arrangements to provide such information at any time upon
request
for safety reasons by the competent authority of
another Member State.

3.
Any Member State the competent authorities of which
have been informed, pursuant to this Directive or in some
other way, of
facts which involve or increase the risk for
another Member State of a hazard being posed to certain
shipping areas and coastal zones, shall take the appropriate
measures to inform any interested Member State thereof as
soon as possible and consult it regarding the action being
envisaged. Where appropriate, Member States shall cooperate
with a view to pooling the arrangements for joint action.

Each Member State shall make the necessary arrangements to
use fully the reports which ships are required to transmit to
them pursuant to Article 17.

links

between

telematic
port
authorities with a view to exchanging data relating to
ships’ movements, their estimated times of arrival in ports
and their cargo;

stations

coastal

and

(b) developing and enhancing the effectiveness of

telematic
links between the coastal stations of the Member States
traffic,
with a view to obtaining a clearer picture of
and
improving the monitoring of
in transit,
harmonising and, as
streamlining the
reports required from ships en route;

ships
far as possible,

(c) extending the cover of and/or updating the Community
vessel traffic monitoring and information system with a
view to enhanced identification and monitoring of ships.
To this end, the Member States and the Commission shall
work together to put in place, where necessary, mandatory
reporting systems, mandatory vessel
traffic services and
appropriate
routing systems, with a view to
submitting them to the IMO for approval;

ships’

TITLE IV

ACCOMPANYING MEASURES

accommodate ships in distress.

(d) drawing

up,

if

appropriate,

concerted

plans

to

Article 22

Article 24

Designation and publication of a list of competent bodies

Confidentiality of information

Each Member State

1.
competent
authorities, port authorities and coastal stations to which the
notifications required by this Directive must be made.

shall designate

the

Each Member State shall ensure that

2.
the shipping
industry is properly informed and regularly updated, notably
via nautical publications, regarding the authorities and stations
including where
designated pursuant
appropriate
are
competent, and the procedures laid down for notifying the
information required by this Directive.

to paragraph 1,

the geographical

for which they

area

3. Member States shall send the Commission a list of the
authorities and stations they designate pursuant to paragraph
1, as well as any updating thereof.

Article 23

Cooperation between Member States and the Commission

in accordance with their national
shall,
Member States
legislation,
the
the necessary measures
take
confidentiality of information sent to them pursuant to this
Directive.

to ensure

Article 25

Monitoring the implementation of this Directive and
sanctions

1. Member States shall carry out regular inspections and
any other action required to check the functioning of
the
shore-based telematic systems set up to meet the requirements
of this Directive, and in particular their capacity to meet the
requirements of receiving or sending without delay, 24 hours a
day, information notified pursuant to Articles 13 and 15.

Member States and the Commission shall
attaining the following objectives:

cooperate

in

(a) making optimum use of the information notified pursuant
to this Directive, notably by developing appropriate

2. Member States shall lay down a system of sanctions for
the breach of national provisions adopted pursuant to this
Directive and shall take all the measures necessary to ensure
that those sanctions are applied. The sanctions thus provided
shall be effective, proportionate and dissuasive.

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3. Member States shall, without delay, inform the flag State
and any other State concerned of measures taken in respect of
ships not flying their flag pursuant to Articles 16 and 19 and
to paragraph 2 of this Article.

4. Where a Member State finds, on the occasion of an
incident or accident at sea referred to in Article 19, that the
company has not been able to establish and maintain a link
with the ship or with the coastal stations concerned, it shall so
inform the State which issued the
ISM document of
compliance and associated safety management certificate, or on
whose behalf it was issued.

Where the seriousness of the failure shows the existence of a
major incidence of non-compliance in the functioning of the
safety management system of a company established in a
Member State, the Member State which issued the document
of compliance or safety management certificate to the ship
shall
the
immediately take the necessary measures against
company concerned with the view to having the document of
compliance and the associated safety management certificate
withdrawn.

Article 26

Evaluation

1. Member States must report
to the Commission by 5
February 2007 on the progress in implementing this Directive
and, in particular, the provisions of Articles 9, 10, 18, 20, 22,
23 and 25. Member States must report to the Commission by
31 December 2009 on the full
the
Directive.

implementation of

2.
On the basis of the reports referred to in paragraph 1,
the Commission shall report to the European Parliament and
to the Council six months thereafter on the implementation of
this Directive. In its reports, the Commission shall ascertain
whether and to what extent the provisions of this Directive as
implemented by the Member States are helping to increase the
safety and efficiency of maritime transport and prevent
pollution by ships.

3.
The Commission shall examine the need for, and
feasibility of, measures at Community level aimed at facilitating
the recovery of, or compensation for, costs and damage
incurred for the accommodation of ships in distress, including
appropriate requirements
financial
security

insurance or other

for

FINAL PROVISIONS

Article 27

Amendment procedure

1.
The definitions in Article 3, the references to Community
and IMO instruments and the Annexes may be amended in
accordance with the procedure laid down in Article 28(2) in
order to bring them into line with Community or international
law which have been adopted, amended or brought into force,
insofar as such amendments do not broaden the scope of this
Directive.

2.
Furthermore, Annexes I, III and IV may be amended in
accordance with the procedure laid down in Article 28(2), in
the light of experience gained with this Directive, in so far as
such amendments do not broaden the scope of this Directive.

Article 28

Committee procedure

1.

The Commission shall be assisted by a Committee.

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 29

1. Member States shall adopt
the laws, regulations and
administrative provisions necessary to comply with this
the latest. They shall
Directive by 5 February 2004 at
forthwith inform the Commission thereof.

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

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

The Commission shall report to the European Parliament and
to the Council by 5 February 2007 the results of such
examination.

Council Directive 93/75/EEC is hereby repealed as from 5
February 2004.

Article 30

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Article 31

Done at Luxembourg, 27 June 2002.

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 32

This Directive is addressed to the Member States.

For the European Parliament

The President

P. COX

For the Council

The President

M. ARIAS CA(cid:209)ETE

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ANNEX I

LIST OF INFORMATION TO BE NOTIFIED

1. Information to be notified in accordance with Article 4 (cid:151) General information:

(a)

ship identification (name, call sign, IMO identification number or MMSI number),

(b) port of destination;

(c) estimated time of arrival at the port of destination or pilot station, as required by the competent authority, and

estimated time of departure from that port;

(d)

total number of persons on board.

2. Information to be notified in accordance with Article 12 (cid:151) Cargo information:

(a)

the correct technical names of the dangerous or polluting goods, the United Nations (UN) numbers where they
exist, the IMO hazard classes in accordance with the IMDG, IBC and IGC Codes and, where appropriate, the
class of the ship needed for INF cargoes as defined in Regulation VII/14.2, the quantities of such goods and, if
they are being carried in cargo transport units other than tanks, the identification number thereof;

(b) address from which detailed information on the cargo may be obtained.

3. Information to be notified in accordance with Article 13:

A. G e n e r a l i n f o r m a t i o n :

(a)

ship identification (name, call sign, IMO identification number or MMSI number);

(b) port of destination;

(c)

for a ship leaving a port in a Member State: estimated time of departure from the port of departure or
pilot station, as required by the competent authority, and estimated time of arrival at
the port of
destination;

(d)

for a ship coming from a port located outside the Community and bound for a port in a Member State:
estimated time of arrival at the port of destination or pilot station, as required by the competent authority;

(e)

total number of persons on board.

B. C a r g o i n f o r m a t i o n :

(a)

the IMO hazard classes in accordance with the IMDG,

the correct technical names of the dangerous or polluting goods, the United Nations (UN) numbers where
they exist,
IBC and IGC Codes and, where
appropriate, the class of the ship as defined by the INF Code, the quantities of such goods and their
the
location on board and,
identification number thereof;

they are being carried in cargo transport units other than tanks,

if

(b) confirmation that a list or manifest or appropriate loading plan giving details of the dangerous or

polluting goods carried and of their location on the ship is on board;

(c) address from which detailed information on the cargo may be obtained.

4. Information referred to in Article 5:

(cid:151) A.

ship identification (name, call sign, IMO identification number or MMSI number),

(cid:151) B.

date and time,

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(cid:151) C or D.

position in latitude and longitude or true bearing and distance in nautical miles from a clearly
identified landmark,

(cid:151) E.

(cid:151) F.

(cid:151) I.

(cid:151) P.

(cid:151) T.

course,

speed,

port destination and estimated time of arrival,

cargo and, if dangerous goods present on board, quantity and IMO class,

address for the communication of cargo information,

(cid:151) W.

total number of persons on board,

(cid:151) X.

various information:

(cid:151) characteristics and estimated quantity of bunker fuel, for ships carrying more than 5 000 tons

of bunker fuel,

(cid:151) navigational status.

5. The master of the ship must forthwith inform the competent authority or port authority concerned of any change

to the information notified pursuant to this Annex.

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ANNEX II

PRESCRIPTIONS APPLICABLE TO ON-BOARD EQUIPMENT

I. Automatic identification systems (AIS)

1. S h i p s b u i l t o n o r a f t e r 1 J u l y 2 0 0 2

Passenger ships, irrespective of size, and all ships of 300 gross tonnage and upwards built on or after 1 July
2002 which call at a port of a Member State of the Community are subject to the carrying requirement laid
down in Article 6.

2. S h i p s b u i l t p r i o r t o 1 J u l y 2 0 0 2

Passenger ships, irrespective of size, and all ships of 300 gross tonnage and upwards built prior to 1 July 2002
which call at a port of a Member State of the Community are subject to the carrying requirement laid down in
Article 6 according to the following timetable:

(a) passenger ships: not later than 1 July 2003;

(b)

tankers: not later than the first survey for safety equipment after 1 July 2003;

(c)

ships, other than passenger ships and tankers, of 50 000 gross tonnage and upwards: not later than 1 July
2004;

(d)

ships, other than passenger ships and tankers, of 10 000 gross tonnage and upwards but less than 50 000
gross tonnage: not later than 1 July 2005 or, as regards ships engaged in international voyages, any earlier
date decided within the framework of the IMO;

(e)

(f)

ships, other than passenger ships and tankers, of 3 000 gross tonnage and upwards but less than 10 000
gross tonnage: not later than 1 July 2006 or, as regards ships engaged in international voyages, any earlier
date decided upon within the framework of the IMO;

ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 3 000
gross tonnage: not later than 1 July 2007 or, as regards ships engaged in international voyages, any earlier
date decided upon within the framework of the IMO.

Member States may exempt passenger ships below 300 gross tonnage engaged in domestic trade from the
application of the requirements concerning AIS laid down in this Annex.

II. Voyage data recorder (VDR) systems

1.

Ships in the following classes must, inasmuch as they call at a port of a Member State of the Community, be
fitted with a voyage data recorder system meeting the performance standards of IMO Resolution A.861(20)
and the testing standards set by Standard No 61996 of the International Electronics Commission (IEC):

(a) passenger ships built on or after 1 July 2002, not later than 1 July 2002;

(b)

ro-ro passenger ships built before 1 July 2002, not later than the first survey on or after 1 July 2002;

(c) passenger ships other than ro-ro passenger ships, built before 1 July 2002, not later than 1 January 2004;

(d) Ships other than passenger ships, of 3 000 gross tonnage and upwards, built on or after 1 July 2002, not

later than 5 August 2002.

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2.

Ships in the following classes and built before 1 July 2002 must, inasmuch as they call at a port of a Member
State of the Community, be fitted with a voyage data recorder system meeting the relevant IMO standards:

(a) cargo ships of 20 000 gross tonnage and upwards, not later than the date fixed by the IMO, or, in the

absence of a decision in IMO, not later than 1 January 2007;

(b) cargo ships of 3 000 gross tonnage and upwards but less than 20 000 gross tonnage, not later than the

date fixed by the IMO, or, in the absence of a decision in IMO, not later than 1 January 2008.

3. Member States may exempt passenger ships engaged only in domestic voyages in sea areas other than those
covered by Class A, as referred to in Article 4 of Council Directive 98/18/EC of 17 March 1998 on safety
rules and standards for passenger ships (1) from the voyage data recorder requirements laid down in this
Directive.

(1) OJ L 144, 15.5.1998, p. 1.

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ANNEX III

ELECTRONIC MESSAGES

1. Member States shall develop and maintain the necessary infrastructure to enable transmission, reception and
conversion of data between systems using XML or EDIFACT syntax, based on Internet or X.400 communication
facilities.

2. The Commission shall develop and maintain,

in consultation with the Member States, an (cid:145)Interface Control
Document(cid:146) which describes the system facilities in terms of the message scenario, the message functions and the
relation between the messages. The message timing and performance shall be detailed, as well as data interchange
protocols and parameters. The Interface Control Document shall further specify the data content of the required
message functions and describe those messages.

3. These procedures and infrastructure should incorporate, whenever practicable, reporting and information exchange
obligations resulting from other Directives, such as 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 (1).

(1) OJ L 332, 28.12.2000, p. 81.

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ANNEX IV

Measures available to Member States in the event of a threat to maritime safety and the protection of the
environment

(pursuant to Article 19(1))

Where, following an incident or circumstance of the type described in Article 17 affecting a ship, the competent
authority of the Member State concerned deems, within the framework of international law, that it is necessary to
avert, lessen or remove a serious and imminent threat to its coastline or related interests, the safety of other ships and
their crews and passengers or of persons on shore or to protect the marine environment, that authority may, inter alia:

(a)

restrict the movement of the ship or direct it to follow a specific course. This requirement does not affect the
master’s responsibility for the safe handling of his ship;

(b) give official notice to the master of the ship to put an end to the threat to the environment or maritime safety;

(c)

(d)

send an evaluation team aboard the ship to assess the degree of risk, help the master to remedy the situation and
keep the competent coastal station informed thereof;

instruct the master to put in at a place of refuge in the event of imminent peril, or cause the ship to be piloted or
towed.