CELEX: 51989PC0007
Language: en
Date: 1989-05-19
Title: PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING MINIMUM REQUIREMENTS FOR VESSELS ENTERING OR LEAVING COMMUNITY PORTS CARRYING PACKAGES OF DANGEROUS OR POLLUTING GOODS

14. 6. 89                             Official Journal of the European Communities                             N o C 147/3
                                                             II
                                                      (Preparatory Acts)
                                                COMMISSION
             Proposal for a Council Directive concerning minimum requirements for vessels entering or
                       leaving Community ports carrying packages of dangerous or polluting goods
                                                     COM(89) 07 final
                                      (Submitted by the Commission on 24 May 1989)
                                                       (89/C 147/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty establishing the European                                       Article 1
Economic Community, and in particular Article 84 (2)
thereof,                                                          The purpose of this Directive is to require vessels
                                                                  entering or leaving Community ports carrying packages
                                                                  of dangerous goods to observe a number of minimum
Having regard to the proposal from the Commission,                standards designed to improve shipping safety, safeguard
                                                                  human life and protect the marine environment.
Having regard      to    the  opinion   of  the   European
Parliament,
                                                                                            Article 2
                                                                  For the purposes of this Directive:
Having regard to the opinion of the Economic and
Social Committee,
                                                                  — Vessels concerned' means vessels carrying dangerous
                                                                       goods in packages, containers, mobile tankers, tanker
Whereas the volume of dangerous goods carried by sea                   lorries and tanker wagons,
has been growing unabated, increasing the risk of
accidents that could be on a catastrophic scale;                  — 'dangerous goods' means the substances, products,
                                                                       solutions and mixtures listed in Annex FVM to this
Whereas it is necessary to minimize the risk of such                   Directive.
accidents with their potential of seriously injuring any
person coming into contact with the goods and
damaging the marine environment;                                                            Article 3
                                                                  Member States shall designate and inform the
Whereas the accident risk is far higher with vessels in           Commission of the competent authority or authorities to
coastal waters, straits and the approaches to ports;              which to address the information and notifications
                                                                  provided for by this Directive.
Whereas once polluting goods have entered the marine
environment it is difficult and costly to avoid pollution;                                  Article 4
whereas, therefore, efforts must concentrate on the
                                                                  Member States shall take all necessary and appropriate
means to be deployed to avoid conditions likely to cause
                                                                  measures to ensure that the vessels concerned entering or
accidents of this type;
                                                                  leaving Community ports observe the minimum
                                                                  requirements set out in Articles 5, 6, 7 and 8 of this
Whereas observance of certain navigation          standards       Directive.
would help to reduce the accident risk;
                                                                                            Article 5
Whereas the port authorities must be informed in good
time of the dangerous nature of the goods loaded,                 The vessels concerned shall:
unloaded or moved in their port so that they can take all
the necessary measures considering the dangerous nature             (i) communicate to the competent authority in the
of those goods,                                                         Member State in which the port of berthing or
 ---pagebreak---  No C 147/4                               Official Journal of the European Communities                                  14. 6. 89
        departure is located, either directly or via agents                                   Article 8
        representing their line, the information listed in
       Annex I to this Directive. This information must be          The shipping authorities in the coastal State shall inform
       submitted not later than 24 hours before the vessel          all vessels sailing in their territorial waters, an likely to
       berths or sets sail (or in good time for short sea           be concerned, of the presence in the area of vessels
       sailings);                                                   known to be carrying dangerous goods and shall alert
                                                                    them to keep a closer watch and adopt the most appro-
  (ii) establish as soon as possible radiotelephone                 priate measures called for by the presence of these vessels
       communication with the coastal radio stations in the         and by the dangerous nature of their cargo.
       Member State concerned — in particular with the
       nearest radar station, if there is one — and maintain                                  Article 9
       such communication;
                                                                    The provisions laid down in this Directive shall not apply
 (iii) make use of the services provided by the radar               to:
       stations, especially in conditions of restricted
       visibility, or by the local VTS if there is one;             (a) warships and other official          vessels   used   for
                                                                         non-commercial purposes;
(iv) avail themselves of the pilot services available on the
       spot and provide the pilot — and, on request, the
       competent authority in the Member State in which             (b) stores and equipment for use on board vessels.
       the port is located — with a check list based on the
       model in Annex II to this Directive plus a copy of
                                                                                             Article 10
       the list or manifest mentioned in point 1.8 of
       Annex I.                                                     Whenever appropriate, the Council shall decide, on a
                                                                    proposal from the Commission, on the system to replace
                             Article 6                              the information and notification procedure introduced
                                                                    by this Directive in the light of technological progress in
Before entering the territorial waters of a Member State            information exchanges between vessels and shore-based
or, if they are already there, immediately, the vessels             installations.
concerned shall notify the competent authorities in the
Member State or Member States concerned of:
                                                                                             Article 11
— any deficiencies or incidents which may decrease         the
      normal safe manoeuvrability of the vessel, affect    the      1.    The Member States shall bring into force the laws,
      safety and flow of traffic or constitute real         or      regulations and administrative provisions necessary to
      potential hazard to the marine environment            or      comply with this Directive no later than . . . and shall
      coastal areas,                                                forthwith inform the Commission thereof.
— any leak of dangerous goods within the vessel and
      any discharges at sea of such goods, particularly of          2.    The Member States shall communicate to the
      goods listed in Annex IV.II. This notification must be        Commission no later than . . . the text of the basic
      based on the model set out in Annex III.                      provisions of national law which they adopt in the field
                                                                    covered by this Directive.
                             Article 7
                                                                    3.    The provisions adopted pursuant to the first sub-
Pilots engaged in the berthing or departure of the vessels
                                                                    paragraph shall make express reference to this Directive.
concerned shal immediately inform the competent
authority in the Member State in which the port is
located whenever they learn of any deficiencies which                                        Article 12
may prejudice the safe navigation of the vessel or cause
pollution of the marine environment.                                This Directive is addressed to the Member States.
 ---pagebreak--- t^D ^                             ^fici^ljourn^lof                    rh^Euron^^nC^ornrnunin^                                               ^ooet^B^
      tnformationonvessels carrying packages of dangerousgoods^
      1.1. ^tame and call sign of the vessel
      1.^. nationality of the vessel
      1.^. Length and draught of the vessel
      1.4. Port of destination
      1.5. Estimated time of arrival at the port of destination or pilot station, as required by competent authority
      l.D. Estimated time of departure
      1.7. Precisenatureof t h e d a n g e r o u s g o o d s c a r r i e d , b a s e d o n t h e listsset out in Annexes 4, 4 a a n d 4 b ,
           numbers and quantities involved and location on the vessel
      1.8. Confirmation that a list or manifest or appropriate loading plan is on board giving details of the
           dangerous goods carried and of their location on the vessel
 ---pagebreak--- N o C 147/6                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                     14. 6. 89
                                                                   ANNEX      II
                                       Checklist for vessels carrying packages of dangerous goods
A. Vessel identification
   Name of vessel:                             Owner:                                                     Year built:
   Flag:                                       Call sign:                                                 Gross tonnage:
   Port of registry:                           Length overall:
   Classification society:
   Class notation:                              Machinery
   Propulsion machinery:                       Output:
   Agent:
   Draught:                                    Forward:                             Amidships:                          Aft:
                                               Nature:
   Kind of cargo loaded (according to loading plan):                                                      Volume of cargo loaded:
B. Safety installations aboard
                                               In good working order                                      Deficiencies:
                                                    Yes            No
   1. Construction and technical equipment:
      Main and auxiliary engines:
      Main steering gear:
      Auxiliary steering gear:
      Anchor gear:
      Fixed fire-extinguishing system:
   2. Navigational equipment:
      Manoeuvring characteristics available:
      First radar installation:
      Second radar installation:
      Gyro compass:
      Standard magnetic compass:
      Radio direction-finding apparatus:    ..
      Echo-sounding device:
      Other electronic position-fixing aids:
   3. Radio equipment:
      Radiotelegraphy installation:
      Radiotelephony installation (VHF):
 ---pagebreak--- 14. 6. 89                                  Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                   N o C 147/7
C. Safety certificates and other documents
                                                                                        Certificates/documents           valid on board
                                                                                                  Yes                           No
   Cargo ship safety construction certificate:
   Cargo ship safety equipment certificate:
   Cargo ship safety radiotelegraphy certificate:
   Cargo ship safety radiotelephony certificate:
   Load line certificate:
   Classification certificate:
   Pollution risk insurance certificate:
D. Officers and ratings
   Certificate   of competency     (detailed description      and   serial
   number) Name, place, country of issuing authority:                                             Yes                           No
   Master
   Chief mate
   Second mate
   Third mate
   Chief engineer
   First engineer officer
   Second enigneer officer
   Third engineer officer
   Radio officer
   Total number of ratings:                         Deck:                                                   Engine room:
   Deep-sea pilot taken aboard:
                               Date                                        Signature of the master or, if he is indisposed, of the
                                                                                                            deputy
 ---pagebreak--- N o C 147/8                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s             14. 6. 89
                                                                ANNEX      III
                                                           Detailed notification
           A. Name, call sign or identity of the ship's station and flag
           B. Date and time of incident
           C. Position
           D. Name of stations/frequencies
           E. Maximum draught (in metres), vessel length and width, gross tonnage, class
           F. Description of the dangerous goods lost at sea
              — exact technical designation of the goods
              — name of makers if known, or of the consignor or consignee
              — description of the packaging, including any identification marks, specifying whether the goods were
                 transported in a mobile tanker or tanker vehicle or in packages in a vehicle, container or other unit
              — estimated quantity and likely state of the goods
              — details of whether the goods lost floated or sank
              — details of whether the losses were stopped
              — cause of the loss
              — estimated path of the goods discharged or lost, indicating the currents, where known, and sea
                 conditions
          G. Meteorological conditions
          H. Full name and address of the vessel owner and/or his representative
          I. Doctors or nurses on board
          J. Assistance requested from or given by other vessels or bodies
 ---pagebreak--- 14. 6. 89                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s           N o C 147/9
                                                              ANNEX      IV
                                         I. Dangerous goods covered by this Directive
          Explosives
          Gases: compressed, liquefied or dissolved under pressure
          Flammable liquids
          Flammable solids and other substances liable to spontaneous combustion
          Flammable solids and other substances releasing flammable gases on contact with water
          Oxidizing substances
          Organic peroxides
          Toxic substances and infectious materials
          Radioactive materials with a specific activity greater than 0,002 microcuries per gram
          Corrosives
          Polluting substances on the list set out in Annex IV.II
          Wastes on the list set out in Annex IV.III
          Miscellaneous dangerous sustances, that is, any other substance which experience has shown, or may show,
          to be of such a dangerous character that the provisions of this Directive ought to apply to it
 ---pagebreak--- No C 147/10                              Official Journal of the European Communities                                       14. 6. 89
                                                    II. List of polluting substances
Acetone cyanohydrin, stabilized                                          Disulfoton
Acrolein, stabilized                                                     DNOC
Aldrin                                                                  Endosulfan
Ammonium arsenate                                                       Endrin
Antiknock mixtures for motor fuels                                      Ethyl acrylate, stabilized
Antimony compounds, inorganic, nos                                      Ethyldichloroarsine
Antimony lactate                                                        Ferric arsenate
Antimony pentachloride, liquid                                          Ferric arsenite
Antimony pentachloride, solid                                           Ferrous arsenate
Antimony pentafluoride                                                  Heptachlor
Antimony potassium tartrate                                             Hexachlorobutadiene
Antimony trichloride, (a) solid                                         Hexaethyl tetraphosphate
Antimony trichloride, (b) liquid                                        Hydrocyanic acid, aqueous solutions with not more than 2 %
Arsenic                                                                 hydrocyanic acid
Arsenic acid, liquid                                                    Hydrogen cyanide, anhydrous, stabilized
Arsenic acid, solid                                                     Hydrogen cyanide, anhydrous, stabilized, absorbed in a porous
Arsenic bromide                                                         inert material
Arsenic compounds                                                       Isopropenylbenzene
Arsenic compounds, liquid, nos                                          Lead acetate
Arsenic compounds, solid, nos                                           Lead arsenates
Arsenic pentoxide                                                       Lead arsenites
Arsenic trichloride                                                     Lead compounds, soluble, nos
Arsenic trioxide                                                        Lead cyanide
Azinphos-methyl                                                         Lead nitrate
Barium compounds, nos                                                   Lead perchlorate
Barium cyanide                                                          Lindane
Benzyl chloroformate                                                    Magnesium arsenate
Butylphenols, liquid                                                    Maneb or maneb preparations, stabilized against self-heating
Butylphenols, solid                                                     Maneb or maneb preparations with not less than 60 % maneb
Butyltoluenes                                                           Mercuric arsenate
Cacodylic acid                                                          Mercuric chloride
Cadmium compounds                                                       Mercuric nitrate
Calcium arsenate                                                        Mercuric potassium cyanide
Calcium arsenate and calcium arsenite, mixtures, solid                  Mercuric sulphate
Campheclor                                                              Mercurous nitrate
Camphor oil                                                             Mercurous sulphate
Carbaryl                                                                Mercury acetates
Carbophenothion                                                         Mercury ammonium chloride
Chlorine                                                                Mercury benzoate
Chloroditrobenzene                                                      Mercury bisulphate
Chloronitroanilines                                                     Mercury bromides
Chlorophenols, liquid                                                   Mercury cyanide
Chlorophenols, solid                                                    Mercury gluconate
Chlorophenyltrichlorosilane                                             Mercury iodide
Chlorotoluenes (o-, tn-, p-)                                            Mercury oleate
Chromyl chloride                                                        Mercury oxide
Cocculus, solid                                                         Mercury oxycyanide, desensitized
Copper acetoarsenite                                                    Mercury potassium, iodide
Copper arsenite                                                         Mercury salicylate
Copper cyanide                                                          Mercury thiocyanate
Cresols (o-, tn-, p-)                                                   alpha-Methylstyrene
Cupriethylenediamie solution                                            Mevinphos
Cyanogen bromide                                                        Naphtalene, crude or refined
Cyanogen chloride, stabilized                                           Naphtalene, molten
DDT                                                                     Nickel cyanide
Diazinon                                                                Nickel tetracarbonyl
Dichloroanilines                                                        Nitrobenzylidene fluorides
Dichloroethyl ether                                                     3-Nitro 4-chloro benzylidene fluoride
Dichlorophenols, liquid                                                 Nitrocresols
Dichlorophenols, solid                                                  Nitroxylenes
Dichlorophenyltrichlorosilane                                           Osmium tetroxide
Dichlorvos                                                              Parathion
Dimethoate                                                              Parathion-methyl
Dinitro-o-cresol, liquid                                                Perchloromethyl mercaptan
Dinitro-o-cresol, solid                                                 Phenylmercuric hydroxide
Dinitrophenol solutions, in water or in a flammable liquid              Phenylmercuric nitrate
Diphenylamine chloroarsine                                              Phorate
Diphenylchloroarsine                                                    Phosphorus, white, molten
 ---pagebreak--- 14. 6. 89                                  Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                N o C 147/11
Phosphorus, white or yellow, (a) dry                                          Strychnine
Phosphorus, white or yellow, (b) under water                                  Sulfotep
Polychlorinated biphenyls                                                     TEPP (tetraethyl pyrophospate)
Potassium arsenate                                                            Teraethyl dithiopyrophosphate, solid, liquid or mixtures
Potassium arsenite                                                            Tetraethyl lead
Potassium cyanide                                                             Tetramethyl lead
Selenic acid                                                                  Thallium chlorate
Silver arsenite                                                               Thallium compounds, nos
Silver cyanide                                                                Thallium nitrate
Sodium arsanilate                                                             Thallium sulphate
Sodium arsenate                                                               Tricresyl phosphate with more than 3 % ortho isomer
Sodium arsenite                                                               Vinyltoluenes, stabilized, mixed isomers
Sodium arsenite, aqueous solutions                                            Zinc arsenate, zinc arsenite or zinc arsenate and zinc arsenite
Sodium arsenite, solid                                                        mixtures
Sodium cacodylate                                                             Zinc chloride, anhydrous
Sodium cuprocyanide, solid                                                    Zinc chloride, solution
Sodium cyanide                                                                Zinc cyanide
Sodium pentachlorophenate                                                     Zinc phosphide
Strontium arsenite
                III. Generic types of dangerous wastes (wastes may be in liquid, sludge or solid form)
                Part A
                Wastes consisting of, derived from or residues of:
                — Anatomical substances; hospital wastes or wastes from other medical activities
                — Pharmaceuticals, drugs, medicines and veterinary compounds
                — Wood preservatives
                — Biocides and plant-protection substances
                — Residues from substances employed as solvents
                — Halogenated organic substances not employed as solvents
                — Quenching salts containing cyanide
                — Oils and oily substances, e.g. cutting sludges
                — Oil/water and hydrocarbon/water mixtures and emulsions
                — Substances containing PCBs and/or PCTs, e.g. dielectrics
                — Tarry materials arising from refining, distillation and any pyrolytic treatment, e.g. stillslag
                — Inks, dyes, pigments, paints, lacquers and varnishes
                — Resins, latex, plasticizers, glues/adhesives
                — Chemical substances arising from research and developments or teaching activities which are not
                     identified and/or are new and whose effects on man and/or the environment are not known, e.g.
                     laboratory wastes
                — Pyrotechnics and propellant materials
                — Materials from photographic laboratories
                — Any material contaminated with any congenor of polychlorinated dibenzo-furan
                — Any material contaminated with any congenor of polychlorinated dibenzo-p-dioxin
                — Any other wastes containing any of the substances referred to in Part B
 ---pagebreak--- N o C 147/12                          Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s 14. 6. 89
           Part B
           Wastes having as constituents:
           — Beryllium, beryllium compounds
           — Vanadium compounds
           — Chormium (VI) compounds
           — Cobalt compounds
           — Nickel compounds
           — Copper compounds
           — Zinc compounds
           — Arsenic; arsenic compounds
           — Selenium; selenium compounds
           — Silver compounds
           — Cadmium; cadmium compounds
           — Tin compounds
           — Antimony; antimony compounds
           — Tellurium; tellurium compounds
           — Barium compounds, excluding barium sulphate
           — Mercury; mercury compounds
           — Thallium; thallium compounds
           — Lead; lead compounds
           — Inorganic sulphides
           — Inorganic fluorine compounds, excluding calcium fluoride
           — Inorganic cyanides
           — The following alkaline or alkaline earth metals;
              lithium, sodium, potassium, calcium, magnesium in uncombined form
           — Acidic solutions or solids
           — Basic solutions or solids
           — Asbestos (dust and fibres)
          — Phosphorus, phosphorus compounds, excluding mineral phosphates
           — Metal carbonyls
          — Peroxides
          — Chlorates
          — Perchlorates
          — Azides
           — PCBs and/or PCTs
          — Pharmaceutical and veterinary compounds
          — Biocides and plant protection products, e.g. pesticides
          — Infectious substances
          — Creosotes
          — Isocyanates and thiocyanates
          — Organic cyanides, e.g. nitriles
          — Phenols; phenol compounds
          — Halogenated solvents
 ---pagebreak--- 14. 6. 89                          Official Journal of the European Communities                              N o C 147/13
          — Organic solvents, excluding halogenated solvents
          — Organohalogen compounds, excluding inert polymerized materials and other substances referred to in
            this Annex
          — Aromatic compounds; polycyclic and heterocyclic organic compounds
          — Aromatic amines
          — Ethers
          — Substances of an explosive character, excluding substances referred to elsewhere in this Annex
          — Any congenor of polychlorinated dibenzo-/>-dioxin
          — Hydrocarbons and their compounds with oxygen, nitrogen and/or sulphur not specifically referred to
            in Part B