Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union at the International Maritime Organization during the 70th session of the Marine Environment Protection Committee and the 97th session of the Maritime Safety Committee on the adoption of amendments to MARPOL Annex VI, SOLAS Regulations II-1, SOLAS Regulations III/1.4, III/30 and III/37, SOLAS Regulations II-2/1 and II-2/10, SOLAS Regulation II-1/3-12, the STCW Convention and Code, the Fire Systems Safety Code and the 2011 Enhanced Survey Programme Code
Date: 2016-08-30
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, crew, data collection, international convention, maritime safety, reduction of gas emissions, revision of an agreement, safety standard, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 30.8.2016  COM(2016) 549 final 2016/0263 (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 70th session of the Marine Environment Protection Committee and the 97th session of the Maritime Safety Committee on the adoption of amendments to MARPOL Annex VI, SOLAS Regulations II-1, SOLAS Regulations III/1.4, III/30 and III/37, SOLAS Regulations II-2/1 and II-2/10, SOLAS Regulation II-1/3-12, the STCW Convention and Code, the Fire Systems Safety Code and the 2011 Enhanced Survey Programme Code  
 
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The present Commission proposal concerns the establishment of the Union position 
at  the  70th  session  of  the  International  Maritime  Organization’s  (IMO)  Marine 
Environment  Protection  Committee  (MEPC  70)  and  the  97th  session  of  the  IMO's 
Maritime  Safety  Committee  (MSC  97)  in  relation  to  the  amendments  set  out 
individually in the following sub-headings. 

1.1 

Amendments to Chapter 4 of MARPOL Annex VI  

After  three  years  of  discussion  at  MEPC  sessions  and  inter-sessionally,  MEPC  69 
approved the draft amendments to Chapter 4 of MARPOL Annex VI regarding a data 
collection  system  for  fuel  consumption.  The  amendments  establish  a  mandatory 
global data collection system with the following key elements: 

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 

Data to be collected and reported annually by ships falling under the scope of 
the amendment (≥ 5000 GT) include: distance travelled, service hours and (for 
cargo carrying ships) the cargo carrying capacity. Guidelines on the collection 
methodologies will be issued by the IMO. 

Aggregated  data  to  be  reported  to  Flag  Administration  or  a  recognised 
organisation  (RO)  authorised  by  the  Flag  Administration.  Guidelines  on  the 
reporting process will be issued by the IMO. 

The Flag Administrations (or authorised RO), after receiving and verifying  the 
reported data, will issue a statement of compliance for the ship which will have 
to be kept on board and is subject to port State control. 

In  case  of  an  ownership  transfer  occurring  during  a  calendar  year,  the 
responsibilities  of  reporting  are  split  between  the  former  owner  and  the  new 
one; in  case  of  a  flag  change,  the  old  and  the  new  Administrations  will  issue 
statements of compliance for the time periods corresponding to the respective 
Administrations. 

Verification  of  reported  data  by  flag  Administrations  is  to  be  carried  out 
according to harmonised guidelines to be developed by the IMO. 

Flag Administrations (or authorised RO) submit the reported data to the 'IMO 
Ship Fuel  Consumption  Database' using standardised electronic formats to  be 
developed by the IMO. 

Reported  data  is  anonymised  according  to  a  methodology  to  be  specified  in 
IMO Guidelines. 

The  access  to  anonymised  data  is  granted  to  parties  to  Annex  VI  of  the 
MARPOL Convention. 

Procedures  for  confirming  compliance  of  ships  flying  flags  of  non-Parties  to 
Annex VI of MARPOL are to be set in a Circular Letter developed by IMO. 

These changes are set out in Annex 7 in MEPC 69/21/add.1. Paragraph 6.20 of the 
MEPC 69 report (MEPC 69/21) indicates that the changes are foreseen to be adopted 
at MEPC 70.  

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1.2 

Amendments  to  SOLAS  Regulations  II-1/1,  II-1/2,  II-1/3,  II-1/4,  II-1/5,  II-1/6, 
II-1/7, II-1/8-1, II-1/9, II-1/10, II-1/12, II-1/13, II-1/15 – 17, II-1/19, II-1/21 - 22 
and II-1/35 
The  95th  and  96th  sessions  of  the  IMO  Maritime  Safety  Committee  (MSC  95  and 
MSC 96) approved several draft amendments to SOLAS Regulation II-1, which have 
been grouped together:  

- Regulation II-1/1 (application) concerning the scope of application and provisions 
to change the structure of the application dates; 

-  Regulation  II-1/2  (definitions)  concerning  the  alignment  of  certain  definitions  to 
other IMO instruments; 

- Regulation II-1/5 and 5-1 (intact stability and stability information to be supplied to 
the  master)  concerning  introduction  of  specific  provisions  for  intact  stability 
calculation, clarification of weight definition and extension of the information to be 
made available to the master; 

-  Regulation  II-1/6  (Required  subdivision  index  R)  related  to  the  survivability  of 
passenger ships; 

-  Regulation  II-1/7  (attained  subdivision  index  A)  concerning  review  of  the 
into  account 
to  better 
the  attained  subdivision 
formulation  of 
consideration of effects such as accumulation of water on deck; 

index 

take 

-  Regulation  II-1/8  (special  requirements  concerning  passenger  ship  stability) 
concerning  clarification  of  loading  conditions  for  calculation  of  the  attained  index 
depending on the number of persons on board;  

-  Regulation  II-1/9  (double  bottoms  in  passenger  ships  and  cargo  ships  other  than 
tankers)  introduces  requirements  for  double  bottom  size  for  small  passenger  ships 
and cargo ships; 

-  Regulation  II-1/10  (construction  of  watertight  bulkheads)  concerning  clarification 
of  the  scope  of  application  in  bulkhead  deck  passenger  ships  and  freeboard  deck 
cargo ships; 

-  Regulation  II-1/12  (peak  and  machinery  space  bulkheads,  shaft  tunnels,  etc) 
concerning clarification of the scope of application in bulkhead deck passenger ships 
and freeboard deck cargo ships; 

-  Regulation  II-1/13  (openings  in  watertight  bulkheads  below  the  bulkhead  deck  in 
passenger ships) concerning the definition of machinery spaces; 

-Regulation  II-1/15  (openings  on  the  shell  plating  below  the  bulkhead  deck  of 
passenger ships and the freeboard deck of cargo ships) concerning clarification of the 
spaces  to  which  this  regulation  is  applicable  and  of  the  scope  of  application  in 
bulkhead deck passenger ships and freeboard deck cargo ships; 

-Regulation  II-1/16  and  16-1  (construction  and  initial  tests  of  watertight  closure) 
concerning limitation of the scope to watertight closure and the scope of application 
to passenger ships and ro-ro ships; 

- Regulation II-1/20 (loading of passenger ships) concerning expansion of the scope 
of application to all ships introducing the notion of approved stability information; 

-  Regulation  II-1/21  (Periodic  operation  and  inspection  of  watertight  doors,  etc.,  in 
passenger ships), concerning linguistic alignment of certain definitions.  

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-  Regulations  II-1/22  and  II-1/22-1  (damage  control  information,  prevention  and 
control of water ingress) concerning editorial and consequential amendments; 

- Regulation II-1/35-1 (bilge pumping arrangements) concerning clarification of the 
spaces  to  which  certain  volume  definitions  apply  in  relation  to  the  calculation  of 
pumping arrangements and consequential amendments.  

Of specific interest to the EU, the amendments to SOLAS Chapter II-1, regulations 
6,  7,  8  and  9  concern  subdivision  and  damage  stability  requirements  to  improve 
passenger ship survivability in case of damage, to be developed by designers for new 
ships,  and  without  requiring  a  change  of  the  underlying  business  model  of  the 
operators.  Possible  design  modifications  were  subject  to  cost-benefit  assessments 
which  led  to  recommendations  concerning  improvement  of  the  current  required 
safety level.  

When  applying  the  formulation  for  the  subdivision  index  R  as  agreed  by  the  third 
session  of  the  IMO  Sub-Committee  on  Ship  Design  and  Construction  (SDC  3)  in 
relation to SOLAS Chapter II-1/6, the ability of passenger vessels to survive a major 
accident  like  a  collision  or  grounding  improves  significantly  and  risk  expressed  in 
potential loss of lives is significantly reduced.  

Concerns  were  expressed  at  SDC  3  and  MSC  96  by  some  non-EU  IMO  members 
that the compromise formula for the required subdivision index R for small ships (< 
400 passengers) has not been verified on the basis of a Formal Safety Assessment. In 
the  view  of  those  IMO  members,  the  formula  created  the  possibility  to  introduce 
requirements that cannot be implemented for existing ships in a cost efficient way. It 
was  argued  that  further  technical  evaluation  for  smaller  ships,  was  needed. 
Discussions on this aspect may come back at MSC 97 and this should be taken into 
account in the formulation of the Union position for MSC 97 on this item.  

These  changes are set out  in  Annex 1 in IMO Circular Letter  No. 3644 of 20 May 
2016. Paragraph 11.4 of the MSC 96 report (MSC 96/25) indicates that the changes 
are foreseen to be adopted at MSC 97.  

1.3  

Amendments  to  SOLAS  Regulation  II-1/1.2,  a  new  Regulation  II-1/19-1,  and 
amendments to SOLAS regulations III/1.4, III/30 and III/37  

The  amendments  to  SOLAS  Regulation  II-1/1.2,  the  new  Regulation  II-1/19-1  and 
the  related  amendments  to  SOLAS  Regulations  III/1.4,  III/30  and  III/37  as  regards 
damage  control  drills  form  part  of  a  comprehensive  approach  to  enhance 
survivability  after  flooding,  in  conjunction  with  the  package  of  amendments  to 
SOLAS  Regulation II-1 set out in point 1.2 above, with  the  intention of improving 
safety on new and existing passenger ships.  

The  amendments  to  SOLAS  regulation  II-1/1.2,  the  new  regulation  II-1/19-1    and 
regulations III/1.4, III/30 and III/37 incorporate the requirements on damage control 
drills  for  passenger  ships,  including  the  frequency,  participation  of  crew  members 
with  damage  control  responsibilities  and  required  elements  of  each  drill  as  well  as 
activation of shore-based support.   

The amendments to SOLAS II-1/1.2 and the new SOLAS regulation II-1/19-1 are set 
out in Annex 16 in MSC 96/25/add.1. Paragraph 11.17 of the MSC 96 report (MSC 
96/25) indicates that these amendments are foreseen to be adopted at MSC 97.  

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The amendments to SOLAS regulations III/1.4, III/30 and III/37 are set out in Annex 
1 of IMO Circular Letter No. 3644 of 20 May 2016. Paragraph 11.19 of the MSC 96 
report (MSC 96/25) indicates that the amendments will be adopted at MSC 97. 

1.4  

Amendments to SOLAS regulations II-2/1 and II-2/10 

With  the  amendments  to  SOLAS  regulations  II-2/1  and  II-2/10,  foam-type 
extinguishers  of  at  least  135  l  capacity  will  no  longer  be  required  in  boiler  rooms 
protected  by  fixed  water-based  local  application  fire-extinguishing  systems.  The 
amendments will apply to both new and existing ships.  

The  amendments  to  SOLAS  II-2/1  and  II-2/10  are  set  out  in  Annex  1  of  IMO 
Circular Letter No. 3644 of 20 May 2016. Paragraph 8.2 of the MSC 96 report (MSC 
96/25) indicates that these amendments are foreseen to be adopted at MSC 97. 

1.5  

Amendments to SOLAS regulation II-1/3-12  

The  Code  on  Noise  levels  on  board  ships  was  adopted  in  2012  (resolution 
MSC.337(91))    together  with  associated  amendments  to  SOLAS,  making  the  Code 
mandatory under regulation II-1/3-12 with entry into force on 1 July 2014. However, 
subsequent  analysis  showed  that  some  ships  would  not  fall  under  the  scope  of 
application of SOLAS regulation II-1/3-12. Ships for which the building contract is 
placed before 1 July 2014 and the keels of which are laid or which are at a similar 
stage of construction on after 1 January 2015 and the delivery of which is not before 
1  July  2018,  do  not  fall  under  paragraphs  1  or  2  of  regulation  II-1/3-12.  The 
amendments to regulation II-1/3-12 address that gap in the current regulation. 

These  amendments  are  set  out  in  Annex  1  of  IMO  Circular  Letter  No.  3644  of  20 
May  2016.  Paragraph  20.10  of  the  MSC  96  report  (MSC  96/25)  indicates  that  the 
amendments are foreseen to be adopted at MSC 97. 

1. 6  

Amendments  to  the  STCW  Convention  and  Code  relating  to  passenger-ship 
specific training and to parts A and B of the STCW Code 

The Maritime Safety Committee, at its ninety-first session, first considered proposals 
to amend the existing requirements of the STCW Convention and the Code relating 
to passenger ships to address new challenges posed by the increased size of modern 
passenger  ships  and  the  large  number  of  passengers  on  board,  in  particular 
concerning cruise ships.  

Amendments  to  regulations  I/14  and  V/2  of  the  STCW  Convention  and  section  A-
V/2 of the STCW Code to improve the safety of (ro-ro and non-ro-ro) passenger ship 
safety  have  been  actively  promoted  by  the  EU,  in  particular  after  the  Costa 
Concordia accident in January 2012.  

The  amendments  comprise  four  distinct  levels  of  training  and  familiarization: 
passenger  ship  emergency  familiarization,  passenger  ship  crowd  management 
training, passenger ship crisis management and human behaviour training, and ro-ro 
passenger ship training.  

These amendments are set out in Annex [ ] in MSC 96/25/add.1. Paragraph 12.6 of 
the  MSC  96  report  (MSC  96/25)  indicates  that  the  amendments  are  foreseen  to  be 
adopted at MSC 97. 

1.7  

Amendments to Chapter 13 of the Fire Systems Safety Code 

According  to  the  Fire  Systems  Safety  Code,  Chapter  13,  paragraph  2.1.2.2.2.1, 
concerning  the  distribution  of  persons,  the  dimension  of  means  of  escape  shall  be 

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calculated  on  the  basis  of  the  total  number  of  persons  expected  to  escape  by  the 
stairway  and  through  doorways,  corridors  and  landings.  The  calculations  shall  be 
made  separately  for  two  different  cases  of  occupancy  of  the  specified  spaces.  The 
existing text was found to be misleading as regards the reference to members of the 
crew distributed in public spaces on a vessel and is therefore amended.  

These  amendments  are  set  out  in  Annex  2  of  IMO  Circular  Letter  No.  3644  of  20 
May  2016.  Paragraph  11.15  of  the  MSC  96  report  (MSC  96/25)  indicates  that  the 
amendments are foreseen to be adopted at MSC 97.  

1.8 

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 provide alignment with the updated IACS UR 
(the International Association of Classification Societies Unified Requirements) Z10 
series.  The  IACS  UR  Z10  series  concern  survey  and  certification  requirements. 
Unified  Requirements  are  IACS  resolutions  on  matters  directly  connected  to  or 
covered  by  specific  Rule  requirements  and  practices  of  classification  societies  and 
the general philosophy on which the rules and practices of classification societies are 
established.  

These changes are set out in Annex 4 of IMO Circular Letter No. 3644 of 20 May 
2016.  Para  11.21  of  the  MSC  96  report  (MSC  96/25)  indicates  that  these 
amendments are foreseen to be adopted at MSC 97. 

2. 

2.1 

ADOPTION OF THE IMO AMENDMENTS 

Adoption of amendments  
The amendments set out in points 1.1 - 1.8 above were approved at the 69th session 
of  the  Marine  Environment  Protection  Committee  meeting  between  18  –  22  April 
2016  and  the  95th  and  96th  session  of  the  Maritime  Safety  Committee  meeting 
between  3  –  12  June  2015  and  11  –  20  May  2016,  and  are  to  be  submitted  for 
adoption  to  the  70th  session  of  the  Marine  Environment  Protection  Committee 
between  24  –  28  October  2016  and  the  97th  session  of  the  Maritime  Safety 
Committee between 21 – 25 November 2016. 

2.2 

Acceptance  

Once  approved  and  adopted  by  the  two  Committees,  the  amendments  set  out  in 
points  1.1  to  1.8  above  will  be  communicated  for  acceptance  to  the  respective 
Contracting Parties.  

3. 

3.1 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

Amendments to Chapter 4 of MARPOL Annex VI  

Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 
2015 on the monitoring, reporting and verification of carbon dioxide emissions from 
maritime  transport,  and  amending  Directive  2009/16/EC  sets  out  an  EU  system  to 

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monitor,  report  and  verify  (MRV)  CO2  emissions  and  energy  efficiency  from 
shipping.   

The EU MRV Regulation applies to all large ships (over 5000 gross tons) arriving at, 
within  or  departing  from  ports  under  the  jurisdiction  of  a  Member  State  from  1 
January 2018 onwards, irrespective of where the ships are registered. It allows for a 
choice among four monitoring methodologies starting from very simple ones based 
on already available data on board of ships. The data will need to be independently 
verified and then annually reported in an aggregated manner to the Commission. The 
Commission will make publicly available verified annual aggregated data on a "per 
ship" basis, including CO2 emissions and energy efficiency parameters.  

In  Article  22(3),  the  Regulation  includes  a  review  clause  in  the  event  of  an 
international  agreement  in  this  field.  With  the  adoption  of  the  amendments  to 
Chapter  4  of  MARPOL  Annex  VI,  the  review  process  in  accordance  with  Article 
22(3)  would  be  triggered.  This  may  lead  to  a  proposal  to  amend  the  Regulation  in 
order to ensure alignment with the global data collection system agreed in the IMO.  

Therefore,  the  amendments  to  Chapter  4  of  MARPOL  Annex  VI  would  affect  EU 
law through the application of Regulation (EU) 2015/757.  

3.2  

Amendments  to  SOLAS  Regulations  II-1/1,  II-1/2,  II-1/3,  II-1/4,  II-1/5,  II-1/6, 
II-1/7, II-1/8-1, II-1/9, II-1/10, II-1/12, II-1/13, II-1/15 – 17, II-1/19, II-1/21 - 22 
and II-1/35 

SOLAS  Regulation  II-1  regulates  construction-structure,  subdivision  and  stability 
machinery and electrical installations. The amendments to SOLAS Regulations II-1 
to be adopted at MSC 97 cover both passenger and cargo ships, Article 6(2)(a)(i) of 
Directive 2009/45/EC of the European Parliament and of the Council on safety rules 
and  standards  for  passenger  ships  establishes  that new  passenger  ships  of  Class  A 
shall  comply  entirely  with  the  requirements  of  the  1974  SOLAS  Convention,  as 
amended. 

Therefore,  the  amendments  to  SOLAS  Regulations  II-1/1,  II-1/2,  II-1/3,  II-1/4,  II-
1/5, II-1/6, II-1/7, II-1/8-1, II-1/9, II-1/10, II-1/12, II-1/13, 15 – 17, II-1/19, II-1/21 - 
22 and II-1/35 would affect EU law through the application of Directive 2009/45/EC.  

3.3  

Amendments  to  SOLAS  Regulation  II-1/1.2,  a  new  Regulation  II-1/19-1,  and 
amendments to SOLAS Regulations III/1.4, III/30 and III/37  

The  International  Convention  on  Standards  of  Training,  Certification  and 
Watchkeeping for Seafarers (STCW Convention) has  been  incorporated into Union 
law  by  means  of  Directive  2008/106/EC  on  the  minimum  level  of  training  of 
seafarers.  

Regulation  V/2  of  the  STCW  Convention  includes  mandatory  minimum  standards 
for the training and qualifications of masters, officers, ratings and other personnel on 
passenger ships.  

In  particular,  under  Table  A-V/2  of  Section  A-V/2  of  the  STCW  Code  on 
specification of minimum standard of competence in crisis management and human 
behaviour,  which  supplements  Regulation  V/2,  seafarers  should  be  able,  among 
others, to organise realistic drills. In addition, the International Safety Management 
Code  for  the  Safe  Operation  of  Ships  and  for  Pollution  Prevention  (ISM  Code), 
which  is  made  mandatory    under  the  provisions  of  Chapter  IX  of  the  International 
Convention for the Safety of Life at Sea (SOLAS), has been incorporated into Union 

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law by means of Regulation (EC) No 336/2006. In particular, regarding emergency 
preparedness, the ISM code requires the company to establish programmes for drills 
and exercises to prepare for emergency actions. 

Therefore,  the  amendments  to  SOLAS  Regulation  II-1/1.2,  the  new  Regulation  II-
1/19-1 and the amendments to SOLAS Regulations III/1.4, III/30 and III/37 relating 
to  damage  stability  drills would affect EU law  through the application of Directive 
2008/106/EC and Regulation (EC) No 336/2006.   

3.4  

Amendments to SOLAS Regulations II-2/1 and II-2/10 

Article  6(2)(a)(i)  of  Directive  2009/45/EC  establishes  that new  passenger  ships  of 
Class A shall comply entirely with the requirements of the 1974 SOLAS Convention, 
as  amended.  In  addition,  SOLAS  Regulations  II-2/1  and  II-2/10  are  applicable  to 
new Class B, C and D and existing Class B in accordance with Annex I, Chapter II-2 
Part A, 6 Fire-extinguishing arrangements in machinery spaces point .7 of Directive 
2009/45/EC, in which it is established that machinery spaces and boiler rooms should 
be equipped with portable systems.  

Therefore, the amendments to SOLAS Regulations II-2/1 and II-2/10 relating to fire-
extinguishing  arrangements  in  machinery  spaces  would  affect  EU  law  through  the 
application of Directive 2009/45/EC.  

3. 5  

Amendments to SOLAS Regulation II-1/3-12  

Article  3  of  Directive  2003/10/EC  on  the  minimum  health  and  safety  requirements 
regarding  the  exposure  of  workers  to  the  risks  arising  from  physical  agents  (noise) 
lays  down  minimum  requirements  for  the  protection  of  workers  and  sets  exposure 
limit  values  and  exposure  action  values.  Furthermore  as  secondary  relevant 
legislation,  Article  6(2)(a)(i)  of  Directive  2009/45/EC  makes  the  application  of  the 
1974 SOLAS Convention, as amended, applicable to new Class A ships and Annex I, 
Part  C,  Regulation  18,  of  that  Directive  lays  down  measures  for  noise  reduction  in 
machinery spaces for new Class B, C and D ships. 

Therefore,  the  amendments  to  SOLAS  Regulation  II-1/3-12  would  affect  EU  law 
through the application of Directive 2003/10/EC and Directive 2009/45/EC.  

3. 6  

Amendments  to  the  International  Convention  on  Standards  of  Training, 
Certification  and  Watchkeeping  for  Seafarers  (STCW)  Convention  and  Code 
relating to passenger-ship specific training and to parts A and B of the STCW 
Code 

Directive  2008/106/EC,  in  particular  Regulation  V/2  of  Chapter  V  of  Annex  I 
includes  mandatory  minimum  requirements  for  the  training  and  qualifications  of 
masters, officers, ratings and other personnel on passenger ships. 

Therefore,  the  amendments  to  the  STCW  Convention  and  Code  relating  to 
passenger-ship  specific  training  would  affect  EU  law  through  the  application  of 
Directive 2008/106/EC.  

3.7 

Draft  amendment  to  chapter  13  of  the  Fire  Systems  Safety  Code  concerning 
clarification of the crew distribution in public spaces 

Article  6(2)(a)(i)  of  Directive  2009/45/|EC  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 of Annex I of Directive 2009/45/EC 

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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  Chapter  13  of  the  Fire  Safety  Systems  Code  would 
affect EU law through the application of Directive 2009/45/EC.  

3.8 

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 
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  97,  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  MEPC  70  and  MSC  97  come  under  EU 
exclusive  external  competence,  which  the  Union  has  acquired  pursuant  to  Article 
3(2) TFEU, in so far as the adoption of the changes to 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 
– 1.8 above to be adopted at the 70th session of the Marine Environment Protection 
Committee and the 97th session of the Maritime Safety Committee respectively. 

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2016/0263 (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 70th session of the Marine Environment Protection 
Committee and the 97th session of the Maritime Safety Committee on the adoption of 
amendments to MARPOL Annex VI, SOLAS Regulations II-1, SOLAS Regulations 
III/1.4, III/30 and III/37, SOLAS Regulations II-2/1 and II-2/10, SOLAS Regulation II-
1/3-12, the STCW Convention and Code, the Fire Systems Safety 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) 

Action  by  the  European  Union  in  the  sector  of  maritime  transport  should  aim  to 
improve maritime safety and to protect the marine environment. 

The  Marine  Environment  Protection  Committee  (MEPC)  of  the  IMO  meeting  at  its 
69th session agreed on the establishment of a mandatory data collection system for fuel 
consumption  and  the  necessary  amendments  to  Chapter  4  of  MARPOL  Annex  VI. 
Those amendments are expected to be adopted in the 70th session of the MEPC to be 
held in October 2016.  
The  Maritime  Safety  Committee  (MSC)  of  the  IMO  meeting  at  its  95th  and  96th 
sessions  approved  amendments  to  SOLAS  Regulation  II-1,  SOLAS  Regulations 
III/1.4,  III/30  and  III/37,  SOLAS  Regulations  II-2/1  and  II-2/10,  SOLAS  Regulation 
II-1/3-12,  the  STCW  Convention  and  Code,  the  Fire  Systems  Safety  Code  and  the 
2011  Enhanced  Survey  Programme  Code.  Those  amendments  are  expected  to  be 
adopted in the 97th session of the MSC to be held in November 2016. 

The  amendments  to  Chapter  4  of  MARPOL  Annex  VI  will  establish  a  mandatory 
global  data  collection  system  for  the  data  to  be  collected  and  reported  annually  by 
certain ships, the verification  processes related to  reported data, the establishment of 
statements of compliance, situations concerning ownership transfer, submission of the 
data  to  the  IMO,  anonymisation  of  and  access  to  the  data,  as  well  as  procedures  for 
confirming compliance of ships flying the flag of non-parties to MARPOL Annex VI. 
Regulation (EU) 2015/757 of the European Parliament and of the Council 1 sets out an 
EU system to monitor, report and verify (MRV) CO2 emissions and energy efficiency 
from  shipping.    It  applies  to  all  ships  over  5000  gross  tons  arriving  at,  within  or 

1 
Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the 
monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending 
Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55). 

EN 

10 

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departing  from  ports  under  the  jurisdiction  of  a  Member  State  from  1  January  2018 
onwards, irrespective of where the ships are registered.  

Article  22  of  Regulation  (EU)  2015/757  of  the  European  Parliament  and  of  the 
Council  includes  a  review  clause  in  the  event  of  an  international  agreement  in  this 
field. The adoption of the amendments to Chapter 4 of MARPOL Annex VI will start 
such a review process, which may lead to a proposal to amend the Regulation in order 
to ensure alignment, to the extent appropriate, with the global data collection system 
agreed in the IMO.  

The amendments to SOLAS Regulations II-1/1, II-1/2, II-1/3, II-1/4, II-1/5, II-1/6, II-
1/7, II-1/8-1, II-1/9, II-1/10, II-1/12, II-1/13, 15 – 17, 19, 21, 22 and 35 will introduce 
editorial and consequential changes, as well as changes that concern subdivision and 
damage  stability  requirements  to  improve  passenger  ship  survivability  in  case  of 
damage. Article 6(2)(a)(i) of Directive 2009/45/EC of the European Parliament and of 
the  Council2  establishes  that new  passenger  ships  of  Class  A  shall  comply  entirely 
with the requirements of the 1974 SOLAS Convention, as amended.  

The amendments to SOLAS Regulation II-1/1.2, the new Regulation II-1/19-1, and the 
amendments  to  SOLAS  Regulations  III/1.4,  III/30  and  III/37  concerning  damage 
control drills form part of a comprehensive approach to enhance the survivability after 
flooding with the intention of improving safety on new and existing passenger ships. 
Directive  2008/106/EC  of  the  European  Parliament  and  of  the  Council3,  and  in 
particular  Regulation  V/2  of  Chapter  V  of  Annex  I,  includes  mandatory  minimum 
requirements for the training and qualifications of masters, officers, ratings and other 
personnel on passenger ships. The International Convention on Standards of Training, 
Certification  and  Watchkeeping  for  Seafarers  (STCW)  Convention,  which  has  been 
incorporated  into  Union  law  by  means  of  Directive  2008/106/EC  of  the  European 
Parliament and of the Council, includes training requirements on ship stability in the 
relevant tables of competences of the STCW Code. 

The amendments to SOLAS Regulations II-2/1 and II-2/10 will entail that, foam-type 
extinguishers  of  at  least  135  l  capacity  will  no  longer  be  required  in  boiler  rooms 
protected  by  fixed  water-based  local  application  fire-extinguishing  systems.  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.  In  addition,  SOLAS 
Regulations  II-2/1  and  II-2/10  are  applicable  to  new  Class  B,  C  and  D  and  existing 
Class  B  in  accordance  with  Annex  I,  Chapter  II-2  Part  A,  point  6.7  ("Fire-
extinguishing  arrangements  in  machinery  spaces")  of  Directive  2009/45/EC  of  the 
European  Parliament  and  of  the  Council,  in  which  it  is  established  that  machinery 
spaces and boiler rooms should be equipped with portable systems. 

The  amendments  to  SOLAS  Regulation  II-1/3-12  will  address  a  gap  in  the  current 
Regulation concerning the application of the Code on Noise Levels on Board Ships for 
ships  for  which  the  building  contract  is  placed  before  1  July  2014  and  the  keels  of 
which  are  laid  or  which  are  at  a  similar  stage  of  construction  on  or  after  1  January 
2015  and  the  delivery  of  which  is  not  before  1  July  2018.  Article  3  of  Directive 

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). 
Directive 2008/106/EC of the European Parliament and of the Council on the minimum level of training 
of seafarers (OJ L 323, 3.12.2008, p. 33). 

(5) 

 (6) 

(7) 

(8) 

(9) 

2 

3 

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2003/10/EC  of  the  European  Parliament  and  of  the  Council4  lays  down  minimum 
requirements for the protection of workers and sets exposure limit values and exposure 
action  values.  Furthermore  as  secondary  relevant  legislation,  Article  6(2)(a)(i)  of 
Directive  2009/45/EC  of  the  European  Parliament  and  of  the  Council   makes  the 
application of the  1974 SOLAS Convention, as amended, applicable to new Class A 
ships and Annex I PART C, Regulation 18, of that Directive lays down measures for 
noise reduction in machinery spaces for new Class B, C and D ships. 

(10)  The  amendments  to  the  STCW  Convention  and  Code  relating  to  passenger-ship 
specific training and to Parts A and B of the STCW Code will address new challenges 
posed by the increased size of modern cruise ships and the large number of passengers 
on  board  and  comprise  four  distinct  levels  of  training  and  familiarization:  passenger 
ship emergency familiarization, passenger ship crowd management training, passenger 
ship  crisis  management  and  human  behaviour  training,  and  ro-ro  passenger  ship 
training.  Directive  2008/106/EC  of  the  European  Parliament  and  of  the  Council,  in 
particular  Regulation  V/2  of  Chapter  V  of  Annex  I,  includes  mandatory  minimum 
requirements for the training and qualifications of masters, officers, ratings and other 
personnel on passenger ships. 

(11)  The amendments to Chapter 13 of the Fire Systems Safety Code will clarify that the 
calculations of the dimension of means of escape, which are made on the basis of the 
total  number  of  persons  expected  to  escape  by  the  stairway  and  through  doorways, 
corridors and landings, shall be made separately for two different cases of occupancy 
of  the  specified  spaces.  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. 
Furthermore,  Chapter  II-2,  Part  A,  of  Annex  I  of  Directive  2009/45/EC  of  the 
European Parliament and of the Council 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.  

 (12)  The  amendments  to  the  2011  ESP  Code  will  provide  alignment  with  the  updated 
Unified  Requirements  Z10  series  of  the  International  Association  of  Classification 
Societies  Uniform  Requirements  (IACS  UR  Z10  series),  which  concern  survey  and 
certification  requirements.  Articles  5  and  6  of  Regulation  (EU)  No  530/2012  of  the 
European Parliament and of the Council5 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.   

(13)  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. 

4 

5 

Directive  2003/10/EC  of  the  European  Parliament  and  of  the  Council  of  6  February  2003  on  the 
minimum  health  and  safety  requirements  regarding  the  exposure  of  workers  to  the  risks  arising  from 
physical agents (noise) (OJ L 42, 15.2.2003, p. 38). 
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).  

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HAS ADOPTED THIS DECISION:  

Article 1 

For  the  purpose  of  improving  current  environmental  protection  requirements  set  out  in 
MARPOL,  the  position  of  the  Union  at  the  70th  session  of  the  IMO  Marine  Environment 
Protection  Committee  shall  be  to  agree  to  the  adoption  of  the  amendments  to  Chapter  4  of 
MARPOL Annex VI, as laid down in Annex 7 in IMO document MEPC 69/21/add.1.  

Article 2 
The position of the Union at the 97th session of the IMO Maritime Safety Committee shall be 
to agree to the adoption of the following amendments to: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

1. 

 2. 

SOLAS Regulations II-1/1, II-1/2, II-1/3, II-1/4, II-1/5, II-1/6, II-1/7, II-1/8-1, II-1/9, 
II-1/10, II-1/12, II-1/13, II-1/15 – 17, II-1/19, II-1/21 - 22 and II-1/35 as laid down in 
Annex 1 of IMO Circular Letter No. 3644 of 20 May 2016; 

SOLAS regulation II-1/1.2, a new regulation II-1/19-1, and amendments to SOLAS 
regulations III/1.4, III/30 and III/37 as laid down in Annex 1 of IMO Circular Letter 
No. 3644 of 20 May 2016; 

SOLAS  Regulations  II-2/1  and  II-2/10  as  laid  down  in  Annex  1  of  IMO  Circular 
Letter No. 3644 of 20 May 2016; 

SOLAS  Regulation  II-1/3-12  as  laid  down  in  Annex  1  of  IMO  Circular  Letter  No. 
3644 of 20 May 2016; 

The STCW Convention and Code relating to passenger-ship specific training and to 
parts A and B of the STCW Code as laid down in Annex [ ] of IMO Document MSC 
96/25/add.1; 

Chapter  13  of  the  Fire  Systems  Safety  Code  as  laid  down  in  Annex  2  of  IMO 
Circular Letter No. 3644 of 20 May 2016; 

The  2011  Enhanced  Survey  Programme  Code  as  laid  down  in  Annex  4  of  IMO 
Circular Letter No. 3644 of 20 May 2016. 

Article 3 

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

Minor changes to the position referred to in Articles 1 and 2 may be agreed without 
requiring that position to be amended, and changes to the position set out in Article 2 
a) as regards amendments to SOLAS Regulation II-1/6 may be agreed with a view to 
improving the current safety levels.  

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 and 2. 

Article 4 

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This Decision is addressed to the Member States. 

Article 5 

Done at Brussels, 

For the Council 
The President 

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