Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union at the International Maritime Organization during the 98th session of the Maritime Safety Committee and the 71st session of the Marine Environment Protection Committee on the adoption of amendments to SOLAS Regulation II-1/23, SOLAS Regulation II-2/9.4.1.3, the 1994 and 2000 High Speed Craft Codes, the International Life-saving Appliance Code and to Appendix V of MARPOL Annex VI
Date: 2017-04-12
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, high-speed transport, international convention, marine environment, maritime safety, maritime transport, pollution control measures, revision of an agreement, safety standard, technical standard

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   EUROPEAN COMMISSION  Brussels, 12.4.2017  COM(2017) 174 final 2017/0080 (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 98th session of the Maritime Safety Committee and the 71st session of the Marine Environment Protection Committee on the adoption of amendments to SOLAS Regulation II-1/23, SOLAS Regulation II-2/9.4.1.3, the 1994 and 2000 High Speed Craft Codes, the International Life-saving Appliance Code and to Appendix V of MARPOL Annex VI  
 
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION 

The present Commission proposal concerns the establishment of the Union position 
at  98th  session  of  the  IMO's  Maritime  Safety  Committee  (MSC  98)  and  at  the  71st 
session  of  the  International  Maritime  Organization’s  (IMO)  Marine  Environment 
Protection Committee (MEPC 71) in relation to the amendments set out individually 
in the following sub-headings. 

1.1  

Amendments to SOLAS Regulation II-1/23 
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  on 
subdivision  and  damage  stability  regulations,  which  were  grouped  together  and 
which are included in Council Decision (EU) 2016/2077 of 17 October 20161.  

At MSC 97, the Committee agreed to hold the adoption of the draft amendments to 
SOLAS  Chapter  II-1  on  subdivision  and  damage  stability  regulations  in  abeyance 
until MSC 98, except for adoption of the draft amendments to SOLAS regulation II-
1/3-12 on Protection against noise. As regards the amendments to Regulation II-1/6, 
concerning the formula for the required subdivision index R, MSC 97 agreed to that 
any  further  modifications  to  Regulation  II-1/6  should  not  lower  the  current  safety 
level ensured by the SOLAS provisions in conformity with the position of the Union 
set out in Article 2(1)(a) and Article 2(2) of Council Decision (EU) 2016/2077.  

Notwithstanding  the  decision  to  defer  the  adoption  of  SOLAS  chapter  II-1,  the 
Committee  agreed  to  consider  the  documents  submitted  to  MSC  97  and  to  finalize 
the  texts  of  the  amendments.  The  Committee  generally  agreed  to  harmonization  of 
the  text  in  Regulations  II-1/22,  23  and  24  as  regards  the  existence  of  multiple 
expressions for similar requirements, and updating existing cross references, without 
altering the content of the previously approved amendments. The amendments can be 
considered  minor,  but  Regulation  II-1/23  concerns  special  requirements  for  ro-ro 
passenger  ships  and  was  not  included  in  Council  Decision  (EU)  2016/2077. 
Regulation II-1/24 concerns cargo ships only.  

These changes are set out in Annex 1 of document MSC 97/WP.5. Paragraph 3.17 of 
the  MSC  97  report  (MSC  97/22)  indicates  that  the  changes  are  foreseen  to  be 
adopted at MSC 98, subject to the modifications proposed in documents MSC 97/3/5 
and MSC 97/3/4 and editorial improvements, if any. 

1.2  

Amendments to SOLAS Regulation II-2/9.4.1.3 

The  amendments 
the 
requirements for fire integrity of windows on passenger ships carrying not more than 
36 passengers and special purpose ships with more than 60 (but not more than 240) 

to  SOLAS  Regulation  II-2/9.4.1.3 

to  clarify 

intend 

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Council Decision (EU) 2016/2077 of 17 October 2016 on the position to be adopted on behalf 
of the European  Union  at the International Maritime Organization (IMO)  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  Safety  Systems  Code  and  the  2011 
Enhanced Survey Programme Code, OJ L 320, 26.11.2016, p. 36.  

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persons on board. Ships carrying not more than 36 passengers should have the same 
level of safety as those carrying more than 36 passengers.  

The  amendments  to  SOLAS  Regulation  II-2/9.4.1.3  are  set  out  in  Annex  13  of  the 
MSC 97 report (MSC 97/22). Paragraph 9.6 of the MSC 97 report indicates that the 
amendments will be adopted at MSC 98. 

1.3  

Amendments to the 1994 and 2000 High Speed Craft Codes 

The  amendments  to  the  1994  and  2000  High  Speed  Craft  Codes  (the  HSC  Codes) 
provide  clarification  regarding  the  application  of  paragraphs  8.10.1.4  to  8.10.1.6  of 
the 1994 and 2000 Codes concerning the exemption from the carriage of rescue boats 
for high-speed craft of less than 20 m and 30 m in length, respectively. Provided that 
the  requirements  of  paragraph  8.10.1.6  in  both  Codes  are  fulfilled,  which  includes 
the new element that it must be possible to recover a helpless person from the water 
in a horizontal or near-horizontal body position, a high-speed craft of less than 30 m 
(2000  HSC  Code)  and  20  m  (1994  HSC  Code)  in  length  may  be  exempted  from 
carrying a rescue boat.  The amendments to the 1994 and 2000 HSC Codes are set 
out in Annexes 15 and 16 of the MSC 97 report (MSC 97/22/Add.1). Paragraph 8.25 
of the MSC 97 report (MSC 97/22) indicates that these amendments are foreseen to 
be adopted at MSC 98. 

1.4  

Amendments to the International Life-saving Appliance Code and to the Annex 
to Resolution MSC.81(70)2 

The  International  Life-saving  Appliance  (LSA)  Code provides 
international 
requirements  for  the  life-saving  appliances  covered  by  Chapter  III  of  the  1974 
SOLAS  Convention, including  personal life-saving  appliances,  visual aids,  survival 
craft,  rescue  boats,  launching  and  embarkation  appliances  and  marine  evacuation 
systems, line-throwing appliances; and general alarm and public address systems.  

The amendments to paragraphs 6.1.1.5 and 6.1.1.6 of the LSA Code and paragraph 
8.1.1  of  part  1  of  the  Annex  to  Resolution  MSC.81(70)  provide  consistency  to  the 
static tests and their proof loads that launching appliances, including their structural 
members  and  winches  have  to  withstand.  MSC  97  endorsed  the  view  of  the  third 
session  of  the  Sub-Committee  on  Ship  Systems  and  Equipment  (SSE  3)  that  the 
amendments in question should be treated as minor corrections.  

These  amendments  are  set  out  in  Annex  17  of  the  MSC  97  report  (MSC 
97/22/Add.1)  and  in  Annex  1  of  IMO  document  MSC  98/3/1.  Paragraphs  8.34  and 
8.35 of the MSC 97 report (MSC 97/22) indicate that the amendments are foreseen to 
be adopted at MSC 98. 

1. 5  

Amendments to Appendix V of MARPOL Annex VI 

A proposal of the Union for MEPC 67 (MEPC 67/12/7) included amendments to the 
existing Appendix V of MARPOL Annex VI, which provides the standard text of the 
bunker delivery note. The amendment would have allowed ships that have equivalent 
methods  on-board  (notably  exhaust  gas  cleaning  systems  (EGCS)),  approved  in 
accordance  with  Regulation  4  of  MARPOL  Annex  VI,  to  bunker  fuel  oil  with  a 
higher sulphur content than laid down in the Regulations 14.1 and 14.4 of MARPOL 
Annex VI - Information to be included in the bunker delivery note (BDN).  

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Revised recommendation on testing of life-saving appliances. 

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In  view  of  the  increasing  number  of  ships  equipped  with  EGCS,  the  amendments 
proposed  by  the  Union  were  deemed  necessary  to  align  the  standard  text  of  the 
bunker delivery note with the fact that ships may continue to use fuels with a higher 
sulphur  content  even  after  the  entry  into  force  of  the  0.10%  sulphur  content 
requirements in sulphur emission control areas ((S)ECAs) as of 1 January 2015.  

MEPC 67 agreed to the need for the amendments but held that further discussion was 
needed.  Thus,  the  EU  submission  was  deferred  to  the  second  session  of  the  Sub-
Committee on Pollution Prevention and Response (PPR 2).  

PPR 2 held extensive debate in the related working group without succeeding to find 
an agreement on the exact form of the amended text. Following PPR 2, a proposal of 
the  Union  for  PPR  3  (PPR  3/10)  accommodated  as  far  as  possible  the  views 
expressed at PPR 2. The proposal concerned the insertion of additional clarifications 
in  Appendix  V  of  MARPOL  Annex  VI,  to  allow  the  supplier,  following  the 
purchaser's notification, to declare in the Bunker Delivery Note (BDN) that the fuel 
is  intended  to  be  used  by  a  ship  that  meets  the  sulphur  requirements  through  an 
equivalent means. 

These amendments are set out in Annex 7 in MEPC 70/18/Add.1. Paragraph 5.9 of 
the MEPC 70 report (MEPC 70/18) indicates that the amendments are foreseen to be 
adopted at MEPC 71. 

ADOPTION OF THE IMO AMENDMENTS 

Adoption of amendments  
The amendments set out in points 1.1 - 1.4 above were approved at 97th session of 
the Maritime Safety Committee meeting between 21 – 25 November 2016 and are to 
be  submitted  for  adoption  to  the  98th  session  of  the  Maritime  Safety  Committee 
between  7  –  16  June  2017.  The  amendments  set  out  in  point  1.5  above  were 
approved  at  the  70th  session  of  the  Marine  Environment  Protection  Committee 
between  24  –  28  October  2016  and  are  to  be  submitted  for  adoption  to  the  71st 
session of the Marine Environment Protection Committee between 3 – 7 July 2017.  

2. 

2.1 

2.2 

Acceptance  

Once  approved  and  adopted  by  the  two  Committees,  the  amendments  set  out  in 
points  1.1  to  1.5  above  will  be  communicated  for  acceptance  to  the  respective 
Contracting Parties.  

3. 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

3.1  

Amendments to SOLAS Regulation II-1/23 

SOLAS  Regulation  II-1  regulates  construction-structure,  subdivision  and  stability 
machinery  and  electrical  installations.  The  amendments  to  SOLAS  Regulation  II-
1/23 to be adopted at MSC 98 cover passenger 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 are to 
comply entirely with the requirements of the 1974 SOLAS Convention, as amended. 

Therefore,  the  amendments  to  SOLAS  Regulation  II-1/23  would  affect  EU  law 
through the application of Directive 2009/45/EC.  

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3.2 

Amendments to SOLAS Regulation II-2/9.4.1.3  

Article 6(2)(a)(i) of Directive 2009/45/EC applies the 1974 SOLAS Convention, as 
amended,  to  Class  A  passenger  ships.  Moreover,  Directive  2009/45/EC,  Annex  I, 
Chapter  II-2  Part  B.10.4  stipulates  that  for  passenger  ships  carrying  less  than  36 
passengers  special  attention  shall  be  given  to  the  fire  integrity  of  windows  facing 
open or enclosed lifeboats and life-raft embarkation areas and to the fire integrity of 
windows situated below such areas in such a position that their failure during a fire 
would impede the launching of, or embarkation into, lifeboats or life-rafts.  

Therefore, the amendments to SOLAS Regulation II-2/9.4.1.3 would affect EU law 
through the application of Directive 2009/45/EC.   

3.3  

Amendments to the 1994 and 2000 High Speed Craft Codes 

Article 6(2)(a)(i) of Directive 2009/45/EC  applies SOLAS, as amended, to Class A 
passenger ships. In addition, Article 6(4)(a) of that Directive sets out that high speed 
craft  shall  comply  with  the  requirements  of  Regulation  X/2  and  X/3  of  SOLAS, 
which  refers  to  compliance  with  the  1994  and  2000  High  Speed  Craft  Codes. 
Likewise,  compliance  with  the  High  Speed  Craft  Code  is  set  out  in  Article  6(4)(b) 
and (c). Article 2(c) of that Directive establishes that references to the 1994 and 2000 
High Speed Craft Codes concern the Codes in their up-to-date version. As a result, 
any  amendment  of  those  Codes  will  have  a  direct  impact  on  the  application  of  EU 
legislation.  

Therefore, the amendments to the 1994 and 2000 High Speed Craft Codes relating to 
fire-extinguishing  arrangements  in  machinery  spaces  would  affect  EU  law  through 
the application of Directive 2009/45/EC.  

3.4 

Amendments to the International Life-saving Appliance Code and to the Annex 
to Resolution MSC.81(70)  

Launching  appliances  and  winches  are  included  in  Commission  Implementing 
Regulation  (EU)  2017/306  of  6  February  2017  indicating  design,  construction  and 
performance requirements and testing standards for marine equipment. Reference is 
made  in  that  Implementing  Regulation  to  the  LSA  Code  and  to  resolution 
MSC.81(70)  in  relation  to  items  MED/1.21,  1.23,  1.24  and  1.25  as  regards  as 
launching  appliances,  as  well  as  items  MED/1.41a,  1.41b,  1.41c,  1.41d,  1.41e  as 
regards  winches.  This  equipment  therefore  falls  in  the  scope  of  Directive 
2014/90/EU  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on 
marine equipment and repealing Council Directive 96/98/EC. 

Therefore,  the  amendments  to  the  LSA  Code  and  to  the  Annex  to  resolution 
MSC.81(70) would affect EU law through the application of Directive 2014/90/EU 
and Implementing Regulation (EU) 2017/306.  

3.5 

Amendments to Appendix V of MARPOL Annex VI 

MARPOL  Annex  VI  requirements,  with  regard  to  limitation  of  SOx  emissions,  are 
implemented in EU law in Directive 2016/802/EU of the European Parliament and of 
the  Council  relating  to  a  reduction  in  the  sulphur  content  of  certain  liquid  fuels. 
Articles 6(9) indents (b) and (c) as well as 13(2)(a) of this Directive refer to the BDN 
as  a  principal  mechanism  for  ensuring  compliance  with  the  Directive.  Equivalent 
means  of  compliance  are  regarded  as  alternative  abatement  methods,  as  defined  in 
Article  2(o)  of  Directive  2016/802/EU,  and  may  be  used  provided  that  the  ships 
using  the  emission  abatement  method  continuously  achieve  reductions  of  sulphur 

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dioxide  emissions  that  are  at  least  equivalent  to  the  reductions  that  would  be 
achieved by using marine fuels that meet the requirements of the Directive.  

Therefore, the amendments to Appendix V of MARPOL Annex VI would affect EU 
law through the application of Directive 2016/802/EU. 

3.6 

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  MSC  98  and  MEPC  71  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 
–  1.5  above  to  be  adopted  at  the  98th  session  of  the  Maritime  Safety  Committee 
respectively  and  at  the  71st  session  of  the  Marine  Environment  Protection 
Committee. 

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2017/0080 (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 98th session of the Maritime Safety Committee and 
the 71st session of the Marine Environment Protection Committee on the adoption of 
amendments to SOLAS Regulation II-1/23, SOLAS Regulation II-2/9.4.1.3, the 1994 and 
2000 High Speed Craft Codes, the International Life-saving Appliance Code and to 
Appendix V of MARPOL Annex VI 

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  at 
improving maritime safety and protecting the marine environment. 

The  Maritime  Safety  Committee  (MSC)  of  the  International  Maritime  Organization 
('IMO')  meeting  at  its  97th  session  approved  amendments  to  Regulation  II-1/23  and 
Regulation  II-2/9.4.3  of  the  International  Convention  for  the  Safety  of  Life  at  Sea 
(SOLAS), to the 1994 and 2000 International High Speed Craft Codes (HSC Codes) 
and  the  International  Life-saving  Appliance  Code  (LSA  Code)  and  to  the  Annex  to 
Resolution  MSC.81(70).  Those  amendments  are  expected  to  be  adopted  in  the  98th 
session of the MSC to be held in June 2017 (MSC98). 

The  Marine  Environment  Protection  Committee  (MEPC)  of  the  IMO  meeting  at  its 
70th  session  agreed  on amendments  to  Appendix  V  of  Annex  VI  to  the  International 
Convention for the Prevention of Pollution from Ships (MARPOL), to allow ships that 
meet  the  requirements  through  equivalent  means,  having  the  Bunker  Delivery  Note 
(BDN)  declaring  that  the  fuel  oil  is  supplied  in  accordance  to  the  purchaser’s 
notification  that  the  fuel  oil  is  intended  to  be  used  in  combination  with  equivalent 
means  of  compliance.  Those  amendments  are  expected  to  be  adopted  in  the  71st 
session of the MEPC to be held in July 2017 (MEPC 71).   
The  MSC  of  the  IMO,  meeting  at  its  95th  and  96th  sessions,  approved  several  draft 
amendments  to  SOLAS  Regulation  II-1  on  subdivision  and  damage  stability 
regulations,  which  were  grouped  together  and  which  were  included  in  Council 
Decision (EU) 2016/2077 of 17 October 20163.  

3 
Council Decision (EU) 2016/2077 of 17 October 2016 on the position to be adopted on behalf 
of the European  Union  at the International Maritime Organization (IMO)  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 

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(5) 

(6) 

(7) 

(8) 

(9) 

The MSC of the IMO, meeting at its 97th session, agreed to hold the adoption of most 
of the draft amendments to SOLAS Chapter II-1 on subdivision and damage stability 
regulations  in  abeyance  until  the  98th  session  of  the  MSC,  and  as  regards  the 
amendments to Regulation II-1/6, concerning the formula for the required subdivision 
index R, agreed to that any further modifications to Regulation II-1/6 should not lower 
the current safety level.  

The  position  of  the  Union  a  set  out  in  Article  2(1)(a)  and  Article  2(2)  of  Council 
Decision (EU) 2016/2077 therefore remains applicable. 

The  MSC  of  the  IMO,  meeting  at  its  97th  session,  decided  to  defer  the  adoption  of 
amendments to SOLAS Chapter II-1 to the 98th session of the MSC, the Committee 
generally agreed to the harmonisation of the text in Regulations II-1/22, 23 and 24 as 
regards  the  existence  of  multiple  expressions  for  similar  requirements,  and  updating 
existing  cross  references,  without  altering  the  content  of  the  previously  approved 
amendments.  Regulation  II-1/23  concerns  special  requirements  for  ro-ro  passenger 
ships  and  it  is  not  covered  by  the  position  set  in  Council  Decision  (EU)  2016/2077. 
Directive  2009/45/EC  of  the  European  Parliament  and  of  the  Council4  applies  to 
passenger  ships  and  high-speed  passenger  craft  which  are  engaged  in  domestic 
voyages. Article 6(2)(a)(i) of that Directive provides that new passenger ships of Class 
A  are  to  comply  entirely  with  the  requirements  of  the  1974  SOLAS  Convention,  as 
amended.  

The amendments to SOLAS Regulation II-2/9.4.1.3 intend to clarify the requirements 
for fire integrity of windows on passenger ships carrying not more than 36 passengers 
and special purpose ships with more than 60 (but not more than 240) persons on board. 
Ships carrying not more than 36 passengers should ensure the same level of safety as 
those  carrying  more  than  36  passengers.  Directive  2009/45/EC  of  the  European 
Parliament  and  of  the  Council  applies  to  passenger  ships  and  high-speed  passenger 
craft  which  are  engaged  in  domestic  voyages.  Article  6(2)(a)(i)  of  that  Directive 
provides  that  new  passenger  ships  of  Class  A  are  to  comply  entirely  with  the 
requirements of the 1974 SOLAS Convention, as amended. Annex I, Chapter II-2 Part 
B.10.4  of  that  Directive  stipulates  that  for  passenger  ships  carrying  less  than  36 
passengers special attention is to be given to the fire integrity of windows facing open 
or  enclosed  lifeboats  and  life-raft  embarkation  areas  and  to  the  fire  integrity  of 
windows  situated  below  such  areas  in  such  a  position  that  their  failure  during  a  fire 
would impede the launching of, or embarkation into, lifeboats or life-rafts.   

The amendments to the 1994 and 2000 HSC Codes provide clarification regarding the 
application of paragraphs 8.10.1.4 to 8.10.1.6 of the Codes concerning the exemption 
from the carriage of rescue boats for high-speed craft of less than 20 m and 30 m in 
length,  respectively.  Provided  that  the  requirements  of  paragraph  8.10.1.6  in  both 
Codes are fulfilled, which includes the new element that it must be possible to recover 
a  helpless  person  from  the  water  in  a  horizontal  or  near-horizontal  body  position,  a 
high-speed craft of less than 30 m, for the purposes of the 2000 HSC Code or 20 m for 
the  purposes  of  the  1994  HSC  Code  in  length,  may  be  exempted  from  carrying  a 
rescue  boat.  Directive  2009/45/EC  of  the  European  Parliament  and  of  the  Council 

Regulation  II-1/3-12,  the  STCW  Convention  and  Code,  the  Fire  Safety  Systems  Code  and  the  2011 
Enhanced Survey Programme Code, OJ L 320, 26.11.2016, p. 36.  
4 

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. 

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applies  to  passenger  ships  and  high-speed  passenger  craft  which  are  engaged  in 
domestic  voyages.  Article  6(2)(a)(i)  of  that  Directive  provides  that  new  passenger 
ships  of  Class  A  are  to  comply  entirely  with  the  requirements  of  the  1974  SOLAS 
Convention, as amended. 

(10)  The LSA Code provides international requirements for the life-saving appliances that 
are  covered  by  Chapter  III  of  the  1974  SOLAS  Convention,  as  amended.  The 
amendments to paragraphs 6.1.1.5 and 6.1.1.6 of the LSA Code and paragraph 8.1.1 of 
part 1 of the Annex to Resolution MSC.81(70) ensure consistency with the static tests 
and their proof loads that launching appliances, including their structural members and 
winches,  have  to  withstand  and  should  be  treated  as  minor  corrections.  Launching 
appliances  and  winches  are  listed  in  Commission  Implementing  Regulation  (EU) 
2017/3065, which refers to the LSA Code and to resolution MSC.81(70) in relation to 
items MED/1.21, 1.23, 1.24 and 1.25 as regards as launching appliances, and to items 
MED/1.41a, 1.41b, 1.41c, 1.41d, 1.41e as regards winches. They fall therefore in the 
scope of Directive 2014/90/EU of the European Parliament and of the Council6.  

 (11)  The  amendments  to  Appendix  V  of  MARPOL  Annex  VI  concern  the  insertion  of 
additional clarifications in order to allow ships that meet the requirements as regards 
the  sulphur  content  of  fuel  in  sulphur  emission  control  areas  ((S)ECAs)  through 
equivalent  means  (exhaust  gas  cleaning  systems  (EGCS)),  to  allow  the  supplier, 
following the purchaser's notification, to declare in the Bunker Delivery Note (BDN) 
that  the  fuel  is  intended  to  be  used  by  a  ship  that  meets  the  sulphur  requirements 
through  an  equivalent  means.  .  In  view  of  the  increasing  number  of  ships  equipped 
with EGCS, the amendments are necessary to align the standard text of the BDN with 
the fact that ships may continue to use fuels with a higher sulphur content even after 
the  entry  into  force  of  the  0.10%  sulphur  content  requirements  in  (S)ECAs  as  of  1 
January  2015.  MARPOL  Annex  VI  requirements,  with  regard  to  limitation  of  SOx 
emissions,  are  implemented  in  EU  law  in  Directive  2016/802/EU  of  the  European 
Parliament and of the Council7. Articles 6(9) indents (b) and (c) as well as 13(2)(a) of 
this Directive refer to the BDN as a principal mechanism for ensuring compliance with 
the Directive. Equivalent means of compliance are regarded as alternative abatement 
methods,  as  defined  in  Article  2(o)  of  Directive  2016/802/EU,  and  may  be  used 
provided  the  ships  using  the  emission  abatement  method  continuously  achieve 
reductions  of  sulphur  dioxide  emissions  that  are  at  least  equivalent  to  the  reductions 
that  would  be  achieved  by  using  marine  fuels  that  meet  the  requirements  of  the 
Directive.  

(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:  

5 

6 

7 

Commission  Implementing  Regulation  (EU)  2017/306  of  6  February  2017  indicating  design, 
construction  and  performance  requirements  and  testing  standards  for  marine  equipment,  OJ  L  48, 
24.02.2017, p. 1. 
Directive  2014/90/EU  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on  marine 
equipment and repealing Council Directive 96/98/EC, OJ L 256, 28.08.2017, p. 146. 
Directive  2016/802/EU  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  relating  to  a 
reduction in the sulphur content of certain liquid fuels (codification), OJ L132, 21.5.2016, p. 58. 

EN 

9 

   EN 

 
                                                 
 
Article 1 
The position of the Union at the 98th session of the IMO Maritime Safety Committee shall be 
to agree to the adoption of the following amendments to: 

(a) 

(b) 

(c) 

(d) 

SOLAS  Regulation  II-1/23  as  laid  down  in  Annex  1  of  IMO  document  MSC 
97/WP.5, subject to the modifications proposed in IMO documents MSC 97/3/5 and 
MSC 97/3/4; 

SOLAS Regulation II-2/9.4.1.3 as laid down  in Annex 13 of IMO document MSC 
97/22;  

The  1994  and  2000  HSC  Codes  as  laid  down  in  Annexes  15  and  16  of  IMO 
document MSC 97/22/Add.1;  

The LSA Code and the Annex to Resolution MSC.81(70) as laid down in Annex 17 
of IMO document MSC 97/22/Add.1 and in Annex 1 of IMO document MSC 98/3/1.  

Article 2 
The  position  of  the  Union  at  the  71st  session  of  the  IMO  Marine  Environment  Protection 
Committee shall be to agree to the adoption of the amendments to Appendix V of MARPOL 
Annex VI as laid down in Annex 7 of IMO document MEPC 70/18/Add.1.  

Article 3 

1. 

 2. 

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.  

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 

This Decision is addressed to the Member States. 

Article 5 

Done at Brussels, 

EN 

For the Council 
The President 

10 

   EN