Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union at the International Maritime Organization during the 40th session of the Facilitation Committee, the 69th session of the Marine Environment Protection Committee and the 96th session of the Maritime Safety Committee on the adoption of amendments to the Facilitation Convention MARPOL Annex IV, SOLAS Regulations II-2/13 and II-2/18, the Fire Safety Systems Code and the 2011 Enhanced Survey Programme Code
Date: 2016-02-19
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Baltic Sea, International Maritime Organisation, committee (EU), exchange of information, fire protection, international convention, marine environment, maritime safety, maritime transport, revision of an agreement

EUROPEAN 
COMMISSION 

Brussels, 19.2.2016  
COM(2016) 77 final 

2016/0048 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union at the International 
Maritime Organization during the 40th session of the Facilitation Committee, the 69th 
session of the Marine Environment Protection Committee and the 96th session of the 
Maritime Safety Committee on the adoption of amendments to the Facilitation 
Convention MARPOL Annex IV, SOLAS Regulations II-2/13 and II-2/18, the Fire 
Safety Systems Code and the 2011 Enhanced Survey Programme Code  

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The present Commission proposal concerns the establishment of the Union position 
at  the  40th  session  of  the  International  Maritime  Organization’s  (IMO)  Facilitation 
Committee (FAL 40), the 69th session of the IMO's Marine Environment Protection 
Committee (MEPC 69) and the 96th session of the IMO's Maritime Safety Committee 
(MSC  96)  in  relation  to  6  amendments  set  out  individually  in  the  following  sub-
headings. 

1.1         General review of the Facilitation Convention 

The 39th session of the Facilitation Committee (FAL 39) approved the amendments 
to the annex to the Facilitation (FAL) Convention with a view to adoption at FAL 40, 
following  the  agreement  at  FAL  35  to  initiate  a  comprehensive  revision  of  the 
Convention  with  a  view  to  ensuring  that  it  adequately  addressed  the  present  and 
emerging  needs  of  the  shipping  industry  as  well  as  to  modernize  its  provisions, 
taking into account developments in the field of the transmission of information and 
data by electronic means and the single window concept. 

Of particular interest to the EU is the issue of a requirement to include a visa number 
where  applicable  on  the  Passenger  lists  and  the  issue  of  fulfilment  of  reporting 
formalities in electronic format.  

Certain differences between the FAL Convention and EU law still remain concerning 
Standard 2.6.1 (concerning the data required by the public authorities to be included 
in  a  Crew  list),  Standard  2.23,  Standard  3.10,  Standard  3.10.2,  Standard  3.45  and 
Recommended  Practice  3.21.  In  accordance  with  Article  VIII  of  the  FAL 
Convention, such differences shall be notified to the IMO Secretary-General by the 
Contracting Governments.  

These changes to the Facilitation Convention are set out in Annex 1 to the FAL 39 
report (FAL 39/16). Paragraph 4.43 of the FAL 39 report indicates that the changes 
will be adopted at FAL 40.  

Amendments  to  Regulations  1  and  11  of  MARPOL  Annex  IV  concerning 
Special Area requirements  
The  68th  session  of  the  Marine  Environment  Protection  Committee  (MEPC  68) 
considered  whether  sufficient  notifications  had  been  received  on  the  availability  of 
port reception facilities, in accordance with Regulation 13 of MARPOL Annex IV, to 
allow the Baltic Sea Special Area provisions to take effect, as well as to define the 
area for which the Special Area provisions could take effect, taking into account that 
the notification had only been provided by eight of the nine Baltic States.  

It  was  agreed  that  sufficient  notifications  had  been  received  and  that  therefore 
effective  dates  could  be  established  for  the  entry  into  force  of  the  Special  Area  as 
defined in document MEPC 68/10/2. It was established that the proposed definition 
of  the  area  differed  from  the  one  defined  in  MARPOL  Annex  IV  and  that  an 
amendment  to  MARPOL  Annex  IV  would  be  needed  for  the  new  definition  of  the 
Special Area as defined in document MEPC 68/10/2 to take effect.  

These amendments to MARPOL Annex IV, Regulations 1 and 11, are set out in the 
Annex to document MEPC 69/3/3, with a view to adoption at MEPC 69, as indicated 
in  paragraph  10.22  of  the  MEPC  68  report  (MEPC  68/21).  The  amendments  were 

1.2 

EN 

2 

   EN 

circulated  by  the  IMO  Secretariat  under  cover  of  Circular  Letter  No.3591  of  7 
October 2015 in accordance with Article 16 of MARPOL, including a draft MEPC 
resolution for their adoption.  

1.3 

Amendments to SOLAS Regulation II-2/13 

MSC  95  approved  draft  amendments  to  SOLAS  Regulation  II-2/13  which  will 
establish requirements for evaluation of escape routes by an evacuation analysis early 
in  the  design  process,  which  shall  apply  to  new  ro-ro  passenger  ships  and  other 
passenger  ships  carrying  more  than  36  passengers.  The  analysis  shall  be  used  to 
identify  and  eliminate,  as  far  as  practicable,  congestion  which  may  develop  during 
abandonment, due to normal movement of passengers and crew along escape routes, 
including the possibility that crew may need to move along these routes in a direction 
opposite  to  the  movement  of  passengers.  In  addition,  the  analysis  shall  be  used  to 
demonstrate  that  escape  arrangements  are  sufficiently  flexible  to  provide  for  the 
possibility  that  certain  escape  routes,  assembly  stations,  embarkation  stations  or 
survival craft may not be available as a result of a casualty. 

These changes are set out in Annex 14 in MSC 95/22/add.2. Paragraph 10.19 of the 
MSC 95 report (MSC 95/22) indicates that the changes will be adopted at MSC 96.  

1.4  

Amendments to SOLAS Regulation II-2/18 concerning helicopter landing areas 
on ro-ro passenger ships for new ships in conjunction with a new Chapter 17 to 
the Fire Safety Systems Code.  

to 

the  SOLAS  Convention  aim 

Chapter  II-2/18  of  SOLAS  contains  requirements  for  helicopter  facilities.  These 
introduce  IMO  Circular 
amendments 
MSC.1/Circ.1431  –  Guidelines  for  the  approval  of  helicopter  facility  foam  fire-
fighting appliances - from 22 June 2012, to make its provisions mandatory. The foam 
application  system  is  thus  required  to  be  in  accordance  with  the  guidelines.  These 
amendments  were  approved  by  the  92nd  session  of  the  Maritime  Safety  Committee 
(MSC 92), with a view to adoption at its 93rd session (MSC 93).  

to 

In  relation  to  the  foreseen  adoption  at  MSC  93,  the  Council  adopted  Decision 
2014/280/EU  of  8  May  20131,  providing  for  a  position  for  the  EU  to  agree  to  the 
adoption of the amendments to SOLAS Regulation II-2/18.  

However, at the adoption stage, MSC 93 decided to refer the draft amendments back 
to the 2nd session of the IMO Sub-Committee for Ship Systems and Equipment (SSE 
2) for further consideration. 

Following  the  outcome  of  SSE  2,  in  connection  with  the  draft  amendments  to 
SOLAS  regulation  II-2/18,  MSC  95  noted  that  SSE  2  had  also  prepared  a  new 
Chapter  17  to  the  Fire  Safety  Systems  Code  (FSS  Code)  concerning  helicopter 
facility foam firefighting appliances for approval, with a view to adoption by MSC 
96. As a result of the decision to prepare a new Chapter 17 to the FSS Code, SSE 2 
requested MSC 95 to consider consequential modifications to the draft amendments 
to  SOLAS  regulation  II-2/18,  with  a  view  to  adoption  by  MSC  96  rather  than  by 
MSC 95, in conjunction with the adoption of the new Chapter 17 of the FSS Code. 

1 

Council Decision 2014/280/EU on the position to be adopted on behalf of the European Union at the 
International Maritime Organization during the 93rd session of the Maritime Safety  Committee on the 
adoption  of  amendments  to  SOLAS  Regulations  II-1/29,  II-2/3,  2/9.7,  2/13.4,  2/18,  III/20,  the  Life 
Saving Appliances Code and the 2011 Enhanced Survey Programme Code OJ L 145, 16.5.2014, p. 40.  

EN 

3 

   EN 

                                                 
Therefore,  the  modified  amendments  of  SOLAS  Regulation  II-2/18  are  included 
again  in  this  proposal  for  a  Council  Decision  as  they  will  be  further  considered  at 
MSC 96, with a view to adoption in conjunction with the new Chapter 17 of the FSS 
Code.  

These changes to the amendments to SOLAS regulation II-2/18 are set out in Annex 
2  in  SSE  2/20.  Paragraph  12.16  of  the  MSC  95  report  (MSC  95/22)  indicates  that 
these amendments will be adopted at MSC 96. The new Chapter 17 to the FSS Code 
is set out in Annex 18, point 2, of the MSC 95 report (MSC 95/22/Add. 2). Paragraph 
12.15  of  the  MSC  95  report  (MSC  95/22)  indicates  that  the  new  Chapter  will  be 
adopted at MSC 96.  

1.5  

Revised  Chapter  8  of  the  Fire  Safety  Systems  Code  concerning  automatic 
sprinkler, fire detection and fire alarm systems 

As a consequence of failures occurring in automatic sprinklers systems due to build-
up  or  blockages  with  mineral  deposits,  MSC  95  approved  draft  amendments  to 
Chapter  8  of  the  Fire  Safety  Systems  Code  (FSS  Code)  which  provide  that  special 
attention  shall  be  paid  to  the  specification  of  water  quality  provided  by  the  system 
manufacturer to prevent internal corrosion and clogging of sprinklers.  

Manufacturers'  instructions  for  commissioning,  inspection  and  maintenance  must 
include  specifications  for  the  quality  of  water  to  be  used  throughout  the  life  of  the 
system and the water quality must be actively monitored on-board. 

These amendments are set out in Annex 18, point 1, in MSC 95/22/Add.2. Paragraph 
12.11  of  the  MSC  95  report  (MSC  95/22)  indicates  that  the  amendments  will  be 
adopted at MSC 96.   

1.6 

Amendments to the 2011 Enhanced Survey Programme (ESP) Code  

The  IMO's  Condition  Assessment  Scheme  (CAS)  sets  out  the  framework  for  an 
intensified  inspection  of  ships  older  than  15  years.  The  enhanced  programme  of 
Inspections  during  surveys  of  Bulk  Carriers  and  Oil  Tankers  or  Enhanced  Survey 
Programme (ESP) specifies how to undertake such an intensified inspection. As the 
CAS uses the ESP to achieve its aim, the CAS refers to the ESP as a tool to do so. 
These amendments to the ESP Code concern the harmonisation of the use of terms 
related to recognised organisations throughout the Code. The proposed amendments 
are of an editorial nature. Therefore MSC 95 agreed that a corrigendum to annex 2 to 
the report of MSC 94 (MSC 94/21) would be prepared, with a view to incorporating 
the aforementioned modifications into the authentic text of resolution MSC.381(94) 
on amendments to the international code on the enhanced programme of inspections 
during surveys of bulk carriers and oil tankers, 2011 (2011 ESP Code).  

These changes are set out in Annex 15 in MSC 95/22/Add.2. Para 10.26 of the MSC 
95 report (MSC 95/22) indicates that these amendments will be adopted at MSC 96. 

2. 

2.1 

ADOPTION OF THE IMO AMENDMENTS 

Adoption of amendments  
The amendments set out in points 1.1 - 1.6 above were approved at the 39th session 
of  the  Facilitation  Committee  meeting  between  22  to  26  September  2014,  the  68th 
session of the Marine Environment Protection Committee meeting between 11 to 15 
May 2015 and the 95th session of the Maritime Safety Committee meeting between 3 
to  12  June  2015,  and  are  to  be  submitted  for  adoption  to  the  40th  session  of  the 

EN 

4 

   EN 

Facilitation  Committee  between  4  –  8  April  2016,  the  69th  session  of  the  Marine 
Environment Protection Committee between 18 to 22 April 2016 and the 96th session 
of the Maritime Safety Committee between 11 to 20 May 2016. 

2.2 

Acceptance  

Once  approved  and  adopted  by  the  three  Committees,  the  amendments  set  out  in 
points  1.1  to  1.6  above  will  be  communicated  for  acceptance  to  the  respective 
Contracting Parties.  

3. 

3.1 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

General review of the Facilitation Convention 

The scope of Directive 2010/65/EU of the European Parliament and of the Council 
on  reporting  formalities  for  ships  arriving  in  and/or  departing  from  ports  of  the 
Member States and repealing Directive 2002/6/EC is to simplify and harmonize the 
administrative  procedures  applied  to  maritime  transport  by  making  electronic 
transmission  of  information  mandatory  and  by  rationalizing  reporting  formalities. 
The reporting formalities identified in the Annex to the Directive are classified in 3 
categories:  A)  legal  acts  of  the  Union,  B)  the  FAL  forms  and  formalities  in 
accordance with the FAL Convention and C) other formalities required by national 
legislation.  The  use  of  FAL  forms  within  the  EU  is  assessed  and  the  information 
required  by  the  legal  acts  of  the  Union  and  the  FAL  forms  is  mapped  in  order  to 
ensure the use of electronic FAL form specifications where applicable. Article 7 of 
the Directive provides that Member States shall accept FAL forms for the fulfilment 
of reporting formalities and after 1 June 2015 in electronic format only.  

The  requirement  to  include  a  visa  number  where  applicable  on  the  Crew  and 
Passenger lists results from Annex VI, point 3.1.2 of Regulation (EC) No 562/2006 
of  the  European  Parliament  and  of  the  Council  establishing  a  Community  Code  on 
the  rules  governing  the  movement  of  persons  across  borders  (Schengen  Borders 
Code) (included in point A.2 of the Annex to Directive 2010/65/EU).  

Therefore  the  general  review  of  the  FAL  Convention  would  affect  Directive 
2010/65/EU and Regulation (EC) No 562/2006. 

3.2  

Amendments  to  Regulations  1  and  11  of  MARPOL  Annex  IV  concerning 
Special Area requirements  

The  issue  of  the  existence  of  adequate  port  facilities  is  a  matter  falling  under  EU 
exclusive  competence  based  on  Article  4  of  Directive  2000/59/EC  of  the  European 
Parliament  and  of  the  Council  on  port  reception  facilities  for  ship  generated  waste 
and  cargo  residues.  The  commitment  to  provide  for  port  reception  facilities  in  line 
with Regulation 12bis of Resolution MEPC.200(62) affects the subject matter dealt 
with  in  that  Directive.  If  adopted  by  the  IMO,  the  draft  amendments  to  MARPOL 
Annex IV to set effective dates for part of the Baltic Sea to be designated as a Special 
Area will be of a binding nature on the Union. 

3.3  

Amendments  to  SOLAS  Regulation  II-2/13  concerning  evacuation  analysis  for 
passenger ships 

SOLAS Regulation II-2/13 regulates the issue of means of escape. The amendments 
to be adopted at MSC 96, which would introduce changes to  SOLAS Regulation II-
2/13,  would  affect  EU  law  though  the  application  of  Directive  2009/45/EC  of  the 
European Parliament and of the Council on safety rules and standards for passenger 

EN 

5 

   EN 

ships. Article 6(2)(a)(i) establishes that new passenger ships of Class A shall comply 
entirely  with  the  requirements  of  the  1974  SOLAS  Convention,  as  amended. 
Furthermore Directive 2009/45/EC contains detailed rules on escape routes on ro-ro 
passenger ships for Class B, C and D ships, as laid down in Annex I, Chapter II, Part 
B, part B.6-1. 

3.4 

Amendments to SOLAS Regulation II-2/18 concerning helicopter landing areas 
on ro-ro passenger ships for new ships in conjunction with a new Chapter 17 to 
the Fire Safety Systems Code  

The  Union  enacted  through  Chapter  II-2  of  Annex  I  of  Directive  2009/45/EC 
requirements  on  the  provision  of  helicopter  landing  areas.  In  particular,  Regulation 
18, Part B of this Chapter provides that "ships equipped with helidecks shall comply 
with  the  requirements  of  Regulation  18  of  Part  G  of  the  SOLAS  Chapter  II-2,  as 
revised per 1 January 2003". Article 6(2)(a)(i) establishes that new passenger ships 
of  Class  A  shall  comply  entirely  with  the  requirements  of  the  1974  SOLAS 
Convention,  as  amended.  As  a  result,  the  requirements  provided  in  Directive 
2009/45/EC  on  helicopter  landing  areas  on  ro-ro  passenger  ships  for  new  ships 
would  need  to  be  revised  would  the  amendments  to  SOLAS  Regulation  II-2/18  be 
adopted. 

Furthermore, Chapter II-2, Part A, Regulation 2 of Annex I of Directive 2009/45/EC 
applies  the  Fire  Safety  Systems  Code adopted by  Resolution MSC.98(73), to Class 
B, C and D ships constructed on or after 1 January 2003.  

Therefore, the amendments to SOLAS and the new Chapter 17 of the Fire Systems 
Safety  Code  to  be  adopted  at  MSC  96  would  affect  the  requirements  provided  in 
Directive 2009/45/EC on helicopter landing areas, by framing any revisions of such 
rules. 

3.5  

Revised  Chapter  8  of  the  Fire  Safety  Systems  Code  concerning  automatic 
sprinkler, fire detection and fire alarm systems 

Chapter II-2, Part A, Regulation 8 of Annex I of Directive 2009/45/EC on automatic 
sprinkler, fire detection and fire alarm systems requires such systems to be capable of 
immediate  operation  at  all  times  with  no  action  of  the  crew  necessary  to  set  it  in 
operation.  Article  6(2)(a)(i)  establishes  that new  passenger  ships  of  Class  A  shall 
comply entirely with the requirements of the 1974 SOLAS Convention, as amended.  

Furthermore, Chapter II-2, Part A, Regulation 8 of Annex I of Directive 2009/45/EC 
applies  the  Fire  Safety  Systems  Code  adopted  by  Resolution  MSC.98(73),  as 
amended, to Class B, C and D ships constructed on or after 1 January 2003.  

Therefore,  the  amendments  to  Chapter  8  of  the  Fire  Safety  Systems  Code  would 
affect EU law through the application of Directive 2009/45/EC.  

3.6  

Amendments to the 2011 Enhanced Survey Programme (ESP) Code 

Regulation (EU) No 530/2012 of the European Parliament and of the Council 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 

EN 

6 

   EN 

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.  The  Enhanced  Programme  of  Inspections 
during  surveys  of  Bulk  Carriers  and  Oil  Tankers  or  Enhanced  Survey  Programme 
(ESP)  specifies  how  to  undertake  this  intensified  assessment.  As  CAS  uses  ESP  as 
the tool to achieve its aim, any changes to the ESP inspections will be directly and 
automatically  applicable  through  Regulation  (EU)  No  530/2012.  Therefore,  the 
amendments  due  to  be  adopted  at  MSC  96,  which  would  introduce  changes  to  the 
ESP  Code,  would  affect  EU  law,  through  the  application  of  Regulation  (EU)  No 
530/2012. 

3.7 

Summary 

In  view  of  the  links  between  the  proposed  amendments  and  the  relevant  EU 
legislation  as  set  out  above,  the  Commission  considers  that  the  adoption  of  the 
above-cited amendments expected at FAL 40, MEPC 69 and MSC 96 comes under 
EU exclusive external competence, which the Union has acquired pursuant to Article 
3(2) TFEU, in so far as the adoption of the international instruments at stake affect 
common rules or alter their scope.  

Consistent  with  a  well  consolidated  body  of  case  law,  even  if  the  Union  is  not  a 
member of IMO nor a contracting party to the concerned international instruments, 
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. 

4. 

CONCLUSION 

The  Commission  therefore  proposes  a  Council  Decision  on  the  position  to  be 
adopted on behalf of the European Union for the amendments cited in paragraphs 1.1 
–  1.6  above  to  be  adopted  at  the  40th  session  of  the  Facilitation  Committee,  69th 
session of the Marine Environment Protection Committee and the 96th session of the 
Maritime Safety Committee respectively. 

EN 

7 

   EN 

2016/0048 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union at the International 
Maritime Organization during the 40th session of the Facilitation Committee, the 69th 
session of the Marine Environment Protection Committee and the 96th session of the 
Maritime Safety Committee on the adoption of amendments to the Facilitation 
Convention MARPOL Annex IV, SOLAS Regulations II-2/13 and II-2/18, the Fire 
Safety Systems Code and the 2011 Enhanced Survey Programme Code  

THE COUNCIL OF THE EUROPEAN UNION, 

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

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 and to protect the marine environment. 

The Facilitation Committee (FAL) of the International Maritime Organization (IMO) 
meeting  at  its  39th  session,  approved  amendments  to  the  Facilitation  Convention. 
Those  amendments  are  expected  to  be  adopted  at  the  40th  session  of  the  FAL  to  be 
held in April 2016.  

The  Marine  Environment  Protection  Committee  (MEPC)  of  the  IMO  meeting  at  its 
68th  session  agreed  that  sufficient  notifications  pursuant  to  Regulation  12bis  of 
MARPOL Annex IV had been received for part of the Baltic Sea to be designated as 
Special Area  such that the  effective date for  the entry into force of  such designation 
provided in Regulation 11.3 of Annex IV could be established for that Special Area. 
MEPC 68 concluded that amendments to MARPOL Annex IV, Regulations 1 and 11, 
would be needed for that portion of the special area to take effect and amendments to 
MARPOL  Annex  IV  to  that  effect  should  be  proposed.  Those  amendments  are 
expected to be adopted in the 69th session of the MEPC to be held in April 2016.  
The  Maritime  Safety  Committee  (MSC)  of  the  IMO  meeting  at  its  95th  session 
approved amendments to SOLAS Regulations II-2/13 and II-2/18, International Code 
for Fire Safety Systems (FSS Code) and the 2011 Enhanced Survey Programme Code 
(ESP Code). Those amendments are expected to be adopted in the 96th session of the 
MSC to be held in May 2016. 

The  general  review  of  the  FAL  Convention  modernises  its  provisions,  taking  into 
account  developments  in  the  field  of  the  transmission  of  information  and  data  by 
electronic means and the single window concept. It introduces in particular measures 
of  relevance  to  the  European  Union  concerning  insertion  of  visa  numbers  in  the 
passenger  lists  but  not  in  crew  lists  and  the  right  of  authorities  to  make  the  use  of 
electronic submissions of forms mandatory. Articles 5 and 7 of Directive 2010/65/EU 

EN 

8 

   EN 

of the European Parliament and of the Council2 establishes that reporting formalities 
for  ships  arriving  in  and  departing  from  ports  situated  in  Member  States  shall  be 
accepted  only  in  electronic  format  via  a  single  window  as  of  1  June  2015  and  that 
Member  States  shall  accept  FAL  forms  on  paper  for  the  fulfilment  of  reporting 
formalities until that date. Information required in accordance with a legal act of the 
Union has to be provided in electronic format as of 1 June 2015. The requirement to 
include  a  visa  number  where  applicable  in  the  crew  and  passenger  lists  results  from 
Annex  VI,  point  3.1.2  of  Regulation  (EC)  No  562/2006  of  the  European  Parliament 
and of the Council.3 These requirements impose stricter obligations than the relevant 
rules foreseen by the FAL Convention and represent a difference within the meaning 
of Article VIII of that Convention. Member States as Contracting Parties to the FAL 
Convention should therefore notify this difference to the IMO. 

The amendments to MARPOL Annex IV are intended to provide the legal framework 
to  implement  the  agreement  by  MEPC  68  that  sufficient  notifications  had  been 
received on the availability of port reception facilities to allow the Baltic Sea Special 
Area provisions to take effect and that, therefore, effective dates could be established 
for  the  entry  into  force  of  the  designation  of  the  part  of  the  Baltic  Sea  as  a  Special 
Area, in conformity with those notifications. Article 4 of Directive 2000/59/EC of the 
European  Parliament  and  of  the  Council4  covers  the  issue  of  availability  of  port 
reception  facilities,  which  is  also  covered  by  Regulation  12bis  of  Resolution 
MEPC.200(62),  for  the  purpose  of  reducing  discharges  of  ship-generated  waste  and 
cargo residues into the sea, especially illegal discharges, from ships using ports in the 
Union.  

The  amendments  to  SOLAS  Regulation  II-2/13  will  introduce  requirements  for 
evaluation  of  escape  routes  by  an  evacuation  analysis  early  in  the  design  process, 
which  shall  apply  to  new  ro-ro  passenger  ships  and  other  passenger  ships  carrying 
more than 36 passengers. Article 6(2)(a)(i) of Directive 2009/45/EC of the European 
Parliament and of the Council5 establishes that new passenger ships of Class A shall 
comply entirely with the requirements of the 1974 SOLAS Convention, as amended. 
Furthermore Directive  2009/45/EC  contains  detailed  rules  on  escape  routes  on  ro-ro 
passenger ships for Class B, C and D ships, as laid down in Annex I, Chapter II, Part 
B, paragraph 6-1.  

The amendments to SOLAS Regulation II-2/18 concerning helicopter landing areas on 
new ro-ro passenger ships will make the provisions of IMO Circular MSC.1/Circ.1431 
of 31 May 2012 on Guidelines for the approval of helicopter facility foam fire-fighting 
appliances  mandatory.  Regulation  18,  Part  B,  Chapter  II-2  of  Annex  I  to  Directive 
2009/45/EC  of  the  European  Parliament  and  of  the  Council  provides  that  ships 
equipped with helidecks shall comply with the requirements of the SOLAS regulation 
as revised per 1 January 2003 which are now expected to be amended.  

Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting 
formalities  for  ships  arriving  in  and/or  departing  from  ports  of  the  Member  States  and  repealing 
Directive 2002/6/EC, OJ L 283, 29.10.2010, p. 1. 
Regulation  (EC)  No 562/2006  of  the  European  Parliament  and  of  the  Council  of  15 March  2006 
establishing  a  Community  Code  on  the  rules  governing  the  movement  of  persons  across 
borders (Schengen Borders Code), OJ L 105, 13.4.2006, p. 1. 
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 (OJ L 332 28.12.2000, p. 81). 
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and 
standards for passenger ships (OJ L 163, 25.6.2009, p. 1). 

(6) 

(7) 

(8) 

2 

3 

4 

5 

EN 

9 

   EN 

                                                 
(9) 

The revised Chapter 8 of the Fire Safety Systems (FSS) Code will provide that special 
attention  shall  be  paid  to  the  specification  of  water  quality  provided  by  the  system 
manufacturer to prevent internal corrosion and internal clogging of sprinklers. Article 
6(2)(a)(i)  of  Directive  2009/45/EC  of  the  European  Parliament  and  of  the  Council 
establishes  that new  passenger  ships  of  Class  A  shall  comply  entirely  with  the 
requirements  of  the  1974  SOLAS  Convention,  as  amended,  which  embeds  the  FSS 
Code  as  made  mandatory  under  SOLAS  by  IMO  resolution  MSC.99(73). 
Furthermore Directive  2009/45/EC  of  the  European  Parliament  and  of  the  Council 
contains detailed rules on Fire Extinction for Class B, C and D ships, as laid down in 
Annex I, Chapter II-2, Part A, paragraphs 4.5 and 4.8. 

(10)  The  new  Chapter  17  to  the  FSS  Code  will  further  detail  the  specifications  for  foam 
firefighting appliances for the protection of helicopter facilities as required by Chapter 
II-2 of SOLAS. Article 6(2)(a)(i) of Directive 2009/45/EC of the European Parliament 
and  of  the  Council  establishes  that new  passenger  ships  of  Class  A  shall  comply 
entirely  with  the  requirements  of  the  1974  SOLAS  Convention,  as  amended  which 
embeds  the  FSS  Code  as  made  mandatory  under  SOLAS  by  IMO  resolution 
MSC.99(73). Furthermore Directive 2009/45/EC contains detailed rules on the special 
requirements  for  helicopter  facilities  for  Class  B,  C  and  D  ships,  as  laid  down  in 
Annex I, Chapter II, Part B, paragraph 18.  

(11)  The  amendments  to  the  2011  ESP  Code  are  intended  to  harmonize  the  use  of  terms 
related to recognised organisations. Articles 5 and 6 of Regulation (EU) No 530/2012 
of the European Parliament and of the Council6 make mandatory the application of the 
IMO's Condition Assessment Scheme (CAS) to single hull oil tankers above 15 years 
of age. The Enhanced Programme of Inspections during surveys of Bulk Carriers and 
Oil  tankers  or  Enhanced  Survey  Programme  (ESP)  specifies  how  to  undertake  this 
intensified assessment. As CAS uses ESP as the tool to achieve its aim, any changes to 
the  ESP  inspections  will  automatically  be  applicable  through  Regulation  (EU)  No 
530/2012.   

(12)  The Union is neither a member of the IMO nor a contracting party to the conventions 
and codes concerned. It is therefore necessary for the Council to authorise the Member 
States to express the position of the Union and express their consent to be bound by 
these amendments. 

HAS ADOPTED THIS DECISION:  

1. 

2. 

6 

Article 1 

The position of the Union at the 40th session of the IMO Facilitation Committee shall 
be to agree to the adoption of the amendments to the Facilitation Convention as laid 
down in Annex 1 to IMO Document FAL 39/16. 

Where  applicable,  Member  States  shall  make  the  notification  required  by  Article 
VIII of the FAL Convention to the Secretary-General of IMO as regards amendments 
referred  to  in  paragraph  1  as  soon  as  possible  after  the  entry  into  force  of  those 
amendments. 

Regulation (EU) No 530/2012 of the European Parliament and of the Council of 13 June 2012 on the 
accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers (OJ L 
172, 30.6.2012, p.3).  

EN 

10 

   EN 

   
                                                 
Article 2 
The  position  of  the  Union  at  the  69th  session  of  the  IMO  Marine  Environment  Protection 
Committee  shall  be  to  agree  to  the  adoption  of  the  amendments  to  MARPOL  Annex  IV, 
Regulations 1 and 11, as laid down in the Annex in IMO Document MEPC 69/3/3.  

Article 3 
The position of the Union at the 96th session of the IMO Maritime Safety Committee shall be 
to agree to the adoption of the following amendments to: 

– 

– 

– 

– 

– 

1. 

2. 

SOLAS  Regulation  II-2/13  as  laid  down  in  Annex  14  of  IMO  Document  MSC 
95/22/add.2. 

SOLAS Regulation II-2/18 as laid down in Annex 2 of IMO Document SSE 2/20. 

Chapter  8  of  the  Fire  Safety  Systems  Code  as  laid  down  in  Annex  18,  point  1,  of 
IMO Document 95/22/add.2. 

Chapter 17 of the Fire Safety Systems Code as laid down in Annex 18, point 2, of 
IMO Document 95/22/add.2. 

The  2011  Enhanced  Survey  Programme  Code  as  laid  down  in  Annex  15  of  IMO 
Document 95/22/add.2. 

Article 4 

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

Formal and minor changes to the positions referred to in Articles 1, 2 and 3 may be 
agreed without requiring that position to be amended. 

Member States are hereby authorised to give their consent to be bound, in the interest of the 
Union, by the amendments referred to in Articles 1, 2 and 3. 

Article 5 

This Decision is addressed to the Member States. 

Article 6 

Done at Brussels, 

For the Council 
The President 

EN 

11 

   EN