Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union at the 65th session of the Marine Environment Protection Committee of amendments to forms A and B of the International Oil Pollution Prevention Certificates and amendments to the Condition Assessment Scheme and at the 92nd session of the Maritime Safety Committee of amendments to the International Safety Management Code and amendments to SOLAS chapter III and the High Speed Craft Codes 1994 and 2000 concerning enclosed space entry and rescue drills
Date: 2013-04-17
Institutions: European Commission
Subjects: environmental protection, form, international convention, marine environment, maritime safety, oil pollution, pollution from ships, safety standard, technical standard

EUROPEAN 
COMMISSION 

Brussels, 17.4.2013  
COM(2013) 212 final 

2013/0112 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union at the 65th session of the 
Marine Environment Protection Committee of amendments to forms A and B of the 
International Oil Pollution Prevention Certificates and amendments to the Condition 
Assessment Scheme and at the 92nd session of the Maritime Safety Committee of 
amendments to the International Safety Management Code and amendments to SOLAS 
chapter III and the High Speed Craft Codes 1994 and 2000 concerning enclosed space 
entry and rescue drills 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  present  Commission  proposal  concerns  the  establishment  of  the  Union  position  in 
different IMO bodies in relation to the following:  

•  The adoption of amendments to Supplemental Forms A and B to the International Oil 

Pollution Prevention Certificate;  

•  The  adoption  of  amendments  to  the  Condition  Assessment  Scheme  (Resolution 
MEPC.94(46))  (arising  from  the  adoption  of  the  International  Code  on  the  Enhanced 
Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers 2011); 

•  The adoption of amendments to the International Safety Management Code; 
•  The adoption of amendments to SOLAS Chapter III and the High Speed Craft Codes 

1994 and 2000 

•  The  acceptance  of  those  amendments  in  accordance  with  the  respective  provisions  in 

the conventions concerned. 

1.1. 

Supplemental  Forms  A  and  B  to  the  International  Oil  Pollution  Prevention 
Certificate 

These supplemental forms to the IOPP Certificate are required to be kept on board of 
the ship. Form A is issued for ships other than oil tankers, while Form B is issued for 
oil tankers. The amendment concerns the deletion of an information requirement in 
both documents to record incinerator capacity, which has in the past been recorded 
on  both  forms  in  litres/hour  (l/h).  A  later  document,  Resolution  MEPC.187(59)  in 
Annex  2,  introduced  a  different  measurement  method  (capacity  in  kW  or  kcal/h.). 
The  use  of  both  measurements  was  found  to  cause  confusion  in  recording  and 
inspections;  moreover  while  the  first  was  hard  to  apply,  the  second  was  found  to 
serve no practical purpose. Accordingly the need to record incinerator capacity is to 
be deleted from both forms. 

These  changes  are  set  out  in  Annex  13  in  MEPC  64/23/Add.1.  Para  7.32  of  the 
MEPC 64 report (MEPC 64/23) indicates that these amendments will be adopted at 
MEPC 65. 

1.2. 

Condition Assessment Scheme (Resolution MEPC.94(46)): amendments arising 
from  the  adoption  of  the  International  Code  on  the  Enhanced  Programme  of 
Inspections during Surveys of Bulk Carriers and Oil Tankers 2011) 

The Condition Assessment Scheme (CAS) sets out the framework for an intensified 
inspection  of  older  ships.  The  Enhanced  Programme  of  Inspections  during  Surveys 
of  Bulk  Carriers  and  Oil  Tankers  or  Enhanced  Survey  Programme  (ESP)  specifies 
how to do this intensified inspection. As CAS uses ESP, so therefore CAS refers to 
ESP  as  a  tool.  The  current  amendment  modifies  CAS  in  order  to  refer  to  the  latest 
(2011) ESP Code. 

These  changes  are  set  out  in  Annex  16  in  MEPC  64/23/Add.1.  Para  11.13  of  the 
MEPC 64 report (MEPC 64/23) indicates that these amendments will be adopted at 
MEPC 65. 

1.3. 

The International Safety Management (ISM) Code 

The International Safety Management Code aims to ensure safety at sea, prevention 
of  human  injury  or  loss  of  life,  an  avoidance  of  damage  to  the  environment,  in 
particular,  to  the  marine  environment,  and  to  property.  The  amendments  to  be 

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adopted are the result of one of the many successful EU submissions to IMO on this 
subject,  in  this  case  STW  43/101.  The  changes  will  affect  the  ISM  Code  itself  and 
were  proposed  by  the  27  Member  States  and  by  the  European  Commission  to 
enhance the Code's effectiveness. 

The changes to the Code comprise the following 

Part  A,  Section  6  (Resources  and  Personnel):  insertion  of  a  specific 
clarification  (new  para  6  2  1)  that  the  Company  should  ensure  appropriate 
manning of the ship through established procedures that encompass all aspects 
of maintaining safe and efficient operations on board. 

Part A, Section 12 (Company verification, review and evaluation) insertion of a 
specific  clarification  (new  para  12.2)  in  terms  of  company  ownership,  duties 
and responsibilities imposed by the Code, so that when a Company delegates 
certain  ISM  Code  duties  it  still  retains  overall  responsibility,  with  a  need  to 
verify periodically whether those entities to which it had delegated certain ISM 
Code related tasks are acting according to the ISM Code  

Footnotes: Insertion of cross-referencing to relevant guidelines within the Code 

These changes are set out in Annex 22 in MSC 91/22/Add.2. Para 11.9 of the MSC 
91 report (MSC 91/22) indicates that these amendments will be adopted at MSC 92. 

1.4. 

Amendments  to  SOLAS  Chapter  III  and  the  High  Speed  Craft  Codes  of  1994 
and  2000  as  well  as  the  Dynamically  Supported  Craft  Code  1978  concerning 
enclosed space entry and rescue drills 

SOLAS  Chapter  III  concerns  Life  Saving  Appliances  and  arrangements.  The 
amendments  at  stake  concern  Regulation  19  on  Emergency  training  and  drills  and 
aim to reduce fatalities linked with enclosed space entry by requiring crew members 
whose responsibilities include entry within enclosed spaces and rescue to participate 
in an enclosed space entry and rescue drill at least once every two months. Similar 
amendments are to be inserted in the High Speed Craft Codes of 1994 and 2000 and 
also in the Code of Safety for Dynamically Supported Craft. 

The  amendments  concerning  the  High  Speed  Craft  Codes  1994  and  2000  are 
contained respectively in Annexes 30 and 31 in MSC 91/22/Add.2. Para 13.7 of the 
MSC  91  report  (MSC  91/22)  indicates  that  these  amendments  will  be  adopted  at 
MSC 92. 

The  amendments  concerning  the  Code  of  Safety  for  Dynamically  Supported  Craft 
(DSC Code) are set out in submission MSC 92/3/1 on Consequential amendments to 
the 1979,1989 and 2009 MODU Codes and the DSC Code dated 22 February 2013 
and introduced by the IMO Secretariat. Annex 4 of this submission contains a draft 
MSC  92  Resolution  to  amend  the  DSC  Code.  Para.  13.9  of  the  MSC  91  report 
(MSC91/22)  indicates  that  this  amendment  will  be  adopted  at  MSC  92.  Under 
Resolution  A.373(X),  the  DSC  Code  may  be  amended  by  the  Maritime  Safety 
Committee as may be necessary. This is an amendment which is made, consequential 
to similar amendments being made in the other related Codes.  

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STW  43/10  Improving  the  effectiveness  of  implementation  of  the  International  Safety  Management 
Code  

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1.5. 

Adoption of the Amendments 

1.5.1.  Adoption of amendments to the Supplemental Forms A and B of the International Oil 

Pollution Prevention Certificate and to the Condition Assessment Scheme 
These  amendments  were  approved  at  the  64th  session  of  the  Marine  Environment 
Protection Committee meeting between 1-5 October 2012 and are to be submitted for 
adoption to the 65th session of that Committee meeting between 13-17 May 2013. 

1.5.2.  Adoption  of  amendments  to  the  ISM  Code,  to  SOLAS  Chapter  III,  the  High  Speed 
Craft Codes 1994 and 2000 as well as the Code of Safety for Dynamically Supported 
Craft. 

The amendments for SOLAS Chapter III, and the High Speed Craft Codes of 1994 
and  2000  were  approved  at  the  91st  session  of  the  Maritime  Safety  Committee 
meeting between 26 – 30 November 2012 and are to be submitted for adoption to the 
92nd session of that Committee meeting between 12-20 June 2013. 
The consequential amendments to the DSC Code were noted at the 91st session of the 
Maritime Safety Committee meeting between 26 – 30 November 2012 and have been 
included in a draft MSC Resolution set out in Annex 4 of Submission MSC 92/3/1 by 
the  IMO  Secretariat  is  to  be  submitted  for  adoption  to  the  92nd  session  of  that 
Committee meeting between 12-20 June 2013.  

Acceptance and entry into force.  

Once  approved  and  adopted  by  the  competent  IMO  Committee,  as  appropriate,  the 
amendments  will  be  submitted  to  the  respective  contracting  parties  in  order  for  these  to 
express their consent to be bound by the said amendments. 

1.6. 

Relevant EU legislation  

1.6.1. 

Supplemental  Forms  A  and  B  of  the  International  Oil  Pollution  Prevention 
Certificate 
Directive  2009/16/EC2  on  port  State  Control  aims  to  help  to  drastically  reduce 
substandard  shipping  in  the  waters  under  the  jurisdiction  of  Member  States  by  (a) 
ensuring  compliance  with  international  and  related  EU  legislation  on  maritime 
safety, maritime security, protection of the marine environment and on board living 
and working conditions; (b) establishing common criteria for control of ships by port 
State;  (c)  implementing  a  port  State  Control  system  based  on  the  inspections 
performed within the EU and the Paris MOU region.  

The  amendments  to  these  forms  will  have  an  impact  on  the  requirements  for 
inspection  or  more  detailed  inspections  as  laid  down  in  Article  13(1)  of  Directive 
2009/16/EC, in particular point a) therefore, according to which: 

"1. On each initial inspection of a ship, the competent authority shall ensure that the 
inspector, as a minimum:  

(a) checks the certificates and documents listed in Annex IV required to be kept on 
board in accordance with Community maritime legislation and Conventions relating 
to safety and security;". 

This certificate is listed as item 7 within Annex IV of the Directive. 

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The  amendments  will  result  in  a  difference  in  the  requirements  provided  in  such 
forms which Port State Control Officers are obliged to check under Article 13(1) of 
Directive 2009/16/EC. The procedures for the control of ships referred to in Annex 
VI of the Directive as "Annex 1, 'Port State Control Procedures' to the Paris MOU" 
will also need to be amended as a result. 

1.6.2.  Condition Assessment Scheme (Resolution MEPC.94(46)): amendments arising from 
the adoption of the International Code on the Enhanced Programme of Inspections 
during Surveys of Bulk Carriers and Oil Tankers 2011) 
Regulation  (EU)  No  530/20123  on  the  accelerated  phasing-in  of  double  hull  or 
equivalent  design  requirements  for  single-hull  oil  tankers  aims  to  establish  an 
accelerated  phasing-in  scheme  for  the  application  of  the  double-hull  or  equivalent 
design requirements of MARPOL 73/78, as defined in Article 3 of this Regulation, to 
single-hull oil tankers, and to ban the transport to or from ports of the Member States 
of heavy grade oil in single-hull oil tankers. 

This  Regulation  makes  mandatory  the  application  of  the  IMO's  Condition 
Assessment Scheme (CAS) to single hull oil tankers above 15 years of age. Article 5 
requires such tankers to comply with the CAS, which is then defined in Article 6 as 
the Condition Assessment Scheme adopted by Resolution MEPC 94(46) of 27 April 
2001 as amended by Resolution MEPC 99(48) of 11 October 2002 and by Resolution 
MEPC 112(50) of 4 December 2003. While therefore this forthcoming amendment is 
not  cited  in  the  definition  of  the  CAS  given  in  Article  6  of  the  Regulation,  it  will 
have legal effect and the Regulation should be updated in order to take into account 
new developments at international level. 

1.6.3.  The International Safety Management (ISM) Code 

Regulation  (EC)  336/20064  on  the  implementation  of  the  International  Safety 
Management  Code  within  the  Community  and  repealing  Council  Regulation  (EC) 
3051/95 aims to enhance the safety management and safe operation of ships as well 
as  the  prevention  of  pollution  from  ships.  It  does  so  by  ensuring  that  companies 
operating those ships comply with the ISM Code by means of: 

(a) the establishment, implementation and proper maintenance by companies of the 
shipboard and shore-based safety management systems; and 

(b) the control thereof by flag and port State administrations.  
Regulation  (EU)  336/20065  constituted  the  basis  for  the  submission  amending  the 
ISM Code and will thus be affected by these amendments. 

The ISM Code, although set out in Annex I of the Regulation, is also defined in Art. 
2(1) as being 'in its up-to-date version'. Art. 5 requires the ships included in the scope 
of the Regulation under Art. 3(1) to comply with the requirements of Part A of the 
ISM Code. Hence the changes to be adopted at MSC 92 will have a direct legal effect 
on the Regulation. 

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OJ L 172, 30.6.2012, p.3 
OJ L 64, 4.3.2006, p.1 
OJ L 64, 4.3.2006, p.1 

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1.6.4.  Amendments to SOLAS Chapter III, the High Speed Craft Codes of 1994 and 2000 
and  the  Dynamically  Supported  Craft  Code  concerning  enclosed  space  entry  and 
rescue drills 
Directive 2009/45/EC6 on safety rules and standards for passenger ships, as amended 
by  Directive  2010/65/EC,  aims  to  introduce  a  uniform  level  of  safety  of  life  and 
property on new and existing passenger ships and high-speed passenger craft, when 
both categories of ships and craft are engaged on domestic voyages, and to lay down 
procedures for negotiation at international level with a view to a harmonisation of the 
rules for passenger ships engaged on international voyages.  

Article  6(4)  of  the  Directive  specifically  applies  the  High  Speed  Craft  Codes  1994 
and 2000 to domestic high speed passenger craft. For those older crafts for which the 
High  Speed  Craft  Codes  do  not  apply,  the  Directive  applies  the  previous 
Dynamically Supported Craft Code (Article 6(4)(a)(iii)).  

Thus for both High Speed Craft Codes, the introduction of the new amendments to 
Chapter 18 (operational requirements) and in the case of the Dynamically Supported 
Craft  (DSC)  Code 
in  Chapter  17  (operational 
requirements) will have a direct legal effect on EU law. 

the  equivalent  amendments 

1.7. 

EU Competence 

In  view  of  the  relevant  EU  legislation  above,  the  Commission  considers  that  the 
adoption of amendments to:  

(1)  Supplemental  Forms  A  and  B  of  the  International  Oil  Pollution  Prevention 

Certificate; 

(2)  Condition  Assessment  Scheme  (Resolution  MEPC.94(46)):  amendments 
arising  from  the  adoption  of  the  International  Code  on  the  Enhanced 
Programme  of  Inspections  during  Surveys  of  Bulk  Carriers  and  Oil  Tankers 
2011) 

(3)  The International Safety Management (ISM) Code; and 

(4)  Amendments to SOLAS Chapter III, the High Speed Craft Codes of 1994 and 
2000 and the DSC Code concerning enclosed space entry and rescue drills  

come  under  exclusive  EU  competence  which  the  Union  has  acquired  pursuant  to 
Article 3 (2) TFEU, in so far as the adoption of the international instruments at stake 
may affect common rules or alter their scope. In this respect: 

(1)  The  amendment  of  the  Supplemental  Forms  A  and  B  of  the  International  Oil 
Pollution  Certificate  will  have  a  direct  bearing  on  Directive  2009/16/EC  as  it 
will result  in  a difference in  the requirements in such forms  which  Port  State 
Control Officers are obliged to check under Article 13(1) of this Directive; 

(2)  The  amendment 

to 

the  Condition  Assessment  Scheme 

(Resolution 
MEPC.94(46))  will  preempt  and  predefine  any  future  update  of  the  CAS 
Scheme, which is applicable under Articles 5 and 6 of Regulation 530/2012, to 
take  account  of  recent  developments  in  Enhanced  Survey  Programme 
procedures; 

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(3)  The  amendments  to  the  International  Safety  Management  Code  will  directly 
affect  the  form  of  the  Code  that  is  implemented  through  Regulation  (EC) 
336/2006; and  

(4)  The amendments to SOLAS Chapter III, to the High Speed Craft Codes 1994 
and  2000  as  well  as  to  the  DSC  Code  will  have  a  direct  effect  on  Directive 
2009/45/EC.  

Consistent  with  a  well  consolidated  body  of  case  law,  even  if  the  Union  is  not  a 
member  of  the  IMO,  the  Member  States  are  not  authorised  to  assume  obligations 
likely  to  affect  EU  rules  promulgated  for  the  attainment  of  the  objectives  of  the 
Treaties,  unless  they  are  authorised  to  do  so  by  means  of  a  Council  decision,  on  a 
proposal  by  the  Commission.  The  need  for  authorisation  therefore  extends  to  any 
such  obligations,  regardless  of  the  subject-matter  of  the  international  instruments 
concerned. 

1.8. 

Conclusion 

The  Commission  therefore  proposes  a  Council  Decision  on  the  position  to  be 
adopted on behalf of the European Union for the matters mentioned in para 1.7 above 
to  be  adopted  at  the  65th  session  of  the  Marine  Environment  Protection  Committee 
and the 92nd session of the Maritime Safety Committee respectively. 

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2013/0112 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union at the 65th session of the 
Marine Environment Protection Committee of amendments to forms A and B of the 
International Oil Pollution Prevention Certificates and amendments to the Condition 
Assessment Scheme and at the 92nd session of the Maritime Safety Committee of 
amendments to the International Safety Management Code and amendments to SOLAS 
chapter III and the High Speed Craft Codes 1994 and 2000 concerning enclosed space 
entry and rescue drills 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) thereof, in conjunction with Article 218(9),  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Action  by  the  European  Union  in  the  sector  of  maritime  transport  should  aim  to 
improve maritime safety, 
Now  approved  by  the  IMO  Marine  Environment  Protection  Committee  in  its  64th 
session  (MEPC  64,  October  2012),  the  IMO  Marine  Environment  Protection 
Committee meeting for its 65th session during 13-17 May 2013 is expected to adopt 
amendments  to  Supplemental  Forms  A  and  B  of  the  International  Oil  Pollution 
Prevention  Certificate  and  to  the  Condition  Assessment  Scheme  (Resolution 
MEPC.94(46)  (arising  from  the  adoption  of  the  International  Code  on  the  Enhanced 
Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers 2011), 
Now  approved  by  the  IMO  Maritime  Safety  Committee  meeting  for  its  91st  session, 
amendments to the International Safety Management (ISM) Code and amendments to 
SOLAS Chapter III, the High Speed Craft Codes 1994 and 2000 and the Dynamically 
Supported Craft (DSC) Code are expected to be adopted by the IMO Maritime Safety 
Committee meeting for its 92nd session in June 2013. 

Once adopted, the amendments to the above mentioned conventions will be submitted 
by the IMO Secretary-General to the respective contracting parties in order for these to 
express their consent to be bound by the said amendments. 

The  amendments  to  the  Supplemental  Forms  A  and  B  of  the  International  Oil 
Pollution  Prevention  (IOPP)  Certificate  will  delete  an  information  requirement  on 
incinerator  capacity;  the  IOPP  Certificate  is  covered  by  item  7  of  Annex  IV  of 
Directive  2009/16/EC7  on  port  State  control,  as  a  form  which  Article  13(1)  of  the 
Directive obliges Member State's port State control officers to check. 

(6) 

The  amendments  to  the  Condition  Assessment  Scheme  (CAS)  for  single  hull  oil 
tankers  will  modify  the  CAS  to  refer  to  the  latest  (2011)  Enhanced  Programme  of 

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(7) 

(8) 

Inspections  during  Surveys  of  Bulk  Carriers  and  Oil  Tankers  or  Enhanced  Survey 
Programme  (ESP).  Regulation  (EU)  No  530/20128  on  the  accelerated  phasing-in  of 
double  hull  or  equivalent  design  requirements  for  single-hull  oil  tankers  applies  the 
CAS in its Articles 5 and 6.  

The amendments to the ISM Code will introduce specific clarifications to the Code in 
terms  of  appropriate  manning  considerations  and  responsibility  for  ISM-related 
delegated tasks as well as the insertion of relevant footnotes. The ISM Code, although 
set out in Annex I of Regulation (EC) No 336/20069 on the implementation of the ISM 
Code  and  repealing  Council  Regulation  no.  3051/95,  is  also  defined  in  Art.  2(1)  as 
being 'in its up-to-date version'. Art. 5 requires that ships covered by this Regulation to 
comply  with  the  requirements  of  Part  A  of  the  ISM  Code.  Hence  the  changes  to  be 
adopted at MSC 92 will have a direct legal effect on the Regulation. 

The amendments to SOLAS Chapter III and more particularly to the High Speed Craft 
Codes  of  1994  and  2000  as  well  as  to  Dynamically  Supported  Craft  Code  will 
introduce within Regulation 19 of SOLAS, Chapter 18 of the High Speed Craft Codes 
and  Chapter  17  of  the  DSC  Code  an  obligation  for  rescue  training  for  those  crew 
members with responsibilities for working in enclosed spaces. Directive 2009/45/EC10 
on  safety  rules  and  standards  for  passenger  ships,  as  amended  by  Directive 
2010/65/EC,  specifically  applies  the  High  Speed  Craft  Codes  1994  and  2000  to 
domestic high speed passenger craft. For older crafts for which the High Speed Craft 
Codes do not apply, the Directive applies the previous DSC Code.  

(9) 

The  aforementioned  amendments  to  be  adopted  at  MEPC  65  and  MSC  92  can  be 
considered positive developments and hence should be given the Union's support.  

(10)  The  European  Union  is  neither  a  member  of  the  IMO  nor  a  contracting  party  to  the 
above-mentioned conventions. It is therefore necessary for the Council to authorize the 
Member States to express the position of the Union in the said IMO committees and 
express their consent to the bound by these amendments. 

HAS ADOPTED THIS DECISION:  

Article 1 
(1) The position of the Union at the 65th session of the IMO Marine Environment Protection 
Committee  shall  be  to  agree  to  the  adoption  of  the  amendments  to  Forms  A  and  B  of  the 
International  Oil  Pollution  Protection  Certificate  and  the  amendments  to  the  Condition 
Assessment  Scheme  (MEPC  Resolution  94(46)),  as  approved  by  the  said  committee  at  its 
64th session, as laid down in Annexes 13 and 16 of the IMO document MEPC 64/23/Add.1.  
(2) The position of the Union at the 92nd session of the IMO Maritime Safety Committee shall 
be to agree to the adoption of the amendments to the ISM Code and its related guidelines and 
the introduction of a new training requirement for rescue in enclosed spaces within Chapter 
III  of  the  SOLAS  Convention  1974,  the  1994  and  2000  High  Speed  Craft  Codes  and  the 
Dynamically Supported Craft Code as approved by the Committee at its 91st session, as laid 
down  in  Annexes  22,  30  and  31  of  the  IMO  document  MSC  91/22/Add.  2,  respectively  in 
Annex 4 of the IMO document MSC 92/3/1.  

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OJ L 64, 4.3.2006, p.1 
OJ L 163, 25.6.2009, p.1 

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(3) The position of the Union as set out in paragraphs 1 and 2 of the present Article shall be 
expressed by the Member States, which are members of IMO, acting jointly in the interest of 
the Union.  

(4) Formal and minor change to this position may be agreed without requiring that position to 
be amended.  

Member States are hereby authorized to give their consent to be bound, in the interest of the 
Union to this Decision, by the amendments referred to in Articles 1(1) and (2). 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels,  

Article  

For the Council 
The President 

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