CELEX: 51991PC0552
Language: en
Date: 1991-12-20
Title: Re­examined proposal for a COUNCIL DIRECTIVE ON THE MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR IMPROVED MEDICAL TREATMENT ON BOARD VESSELS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(91) 552 final - SYN 278
                                          Brussels, 2 D December 1991
                     Re-examined proposal for a
                          COUNCIL DIRECTIVE
            ON THE MINIMUM SAFETY AND HEALTH REQUIREMENTS
                    FOR IMPROVED MEDICAL TREATMENT
                            ON BOARD VESSELS
     (presented by the Commission pursuant to Article 149.2(d)
                         of the EEC treaty)
 ---pagebreak--- The initial proposal for this Directive was forwarded to the Council by the
Commission on 20 July 1990 ( 1 ).
Th,is proposal for a Council Directive, based on Articje 118a of the EEC
Treaty, seeks to improve medical treatment on board vessels by laying down
minimum requirements in respect of the medical supplies appropriate to
various categories of vessel. These minimum requirements apply particularly
to the presence of antidotes on vessels carrying dangerous substances and to
medical training for the captain and other crew members. The proposal also
provides for inspection arrangements.
The European Parliament (first reading) and the Economic and Social Committee
gave their opinions on 24 January 1991 and 20 September 1990 respectively.
The Commission forwarded an amended proposal to the Council on
28 February 1991<2>.
The Council common position of 1 October 1991 was examined by the European
Parliament (second reading) on 20 November 1991 and adopted subject to 20
amendments.
Of these 20 amendments, the Commission has agreed to incorporate seven, in
full or in part, into its re-examined proposal. As regards amendments No 3
and No 8, only the part corresponding to the proposal put forward in
amendment No 2 has been adopted, with the rest of the text being rejected.
 It has rejected 13 amendments, namely Nos 1, 4, 9, 10, 11, 12, 13, 14, 17,
18, 19, 20 and 21 .
The Commission's comments on the amendments which it has not adopted are as
fol lows:
 (1) COM(90) 272 final
 ---pagebreak--- (The numbering corresponds to that adopted for the plenary sitting of
20 November)
Amendment No 1 : (Fifth recital a)
This makes provision for the Member States to be asked to ratify ILO
Convent ion No 164.
Comments: This form of recital cannot be justified, since the present
proposal for a Directive is not a suitable instrument for calling for
ratification of an ILO Convention. This amendment had already been rejected
at the first reading.
Amendment No 3: (Article 2 (1) (a))
The part of this amendment embracing the concept of "vessels registered in a
Member State" has been accepted (same purpose as amendment No 2 ) . This
amendment also cat's for revision of the lists of medical supplies following
harmonisation of various elements, particularly pharmaceutical standards.
Comments : The procedures for adapting the annexes of the Directive are
covered in overall terms and more satisfactorily by the provisions of
Art icle 8.
Amendment No 4: (Article 2 (1) (b))
This calls for quantities of medical supplies to be determined on the basis
of data supplied by the competent national authorities.
Comments: The competent authorities cannot possibly take account of the
various parameters specified in paragraph 1 (b) of this Article.
Amendment No 8: (Article 3 (1))
The part of this amendment embracing the concept of "vessels registered in a
Member State" has been accepted (same purpose as amendment No 2 ) . The other
 part of this amendment requires the captain to be kept informed of dangerous
 substances loaded on board the vessel.
Comments: This general requirement is excessive and difficult to apply,
particularly where ferries are concerned.
 ---pagebreak--- Amendment No 9: (Article 3 (2a))
This sets out requirements in respect of the transport of dangerous
substances.
Comments: The checks envisaged by this provision are excessive, largely
 impractical and entail too much red tape.
Amendment No 10-, (Art icle 4 (2a) )
This gives seafarers the right to medical examination at ports of call.
Comments: This provision would be of little practical value and would, in
many cases, be unfeasible. Moreover, the emergency factor is already taken
 into account in other provisions of the Directive, particularly
Art icle 4 (3).
Amendment No 11 : (Article 5 (3))
This relates to information and training programmes for the captain and other
persons as regards both the provision of medical treatment and preventive
aspects.
Comments : These elements are already covered by the wording of Article 5 (3)
of the common position, the content of Annex V and the principles laid down
 in Council Directive 89/391/EEC (0J No L 183 Of 29 June 1989, p. 1).
Amendment No 12: (Article 7 (2))
 This makes reference to ILO Convention No 164 and reinforces the checks to be
 carried out on medical supplies on life-rafts.
 Comments: Firstly, the ILO Convention in question does not cover life-rafts
 in the terms of the present Directive-, secondly, checks of medical supplies
 on life-rafts as envisaged by the amendment are inappropriate.
 Amendment No 13: (Article 8 (3))
 This modifies the procedure involving the committee responsible for
 adaptation of the annexes of the Directive.
 Comments: The regulatory committee procedure should be retained in accordance
 with established practice.
 ---pagebreak--- Amendment No 14: (Article 8 (3) new)
This provides for consultation of the Joint Committee on Maritime Transport.
Comments: Such consultation is already provided for in Commission
Decision 87/467/EEC of 31 July 1987 (OJ L 253 of 4 September 1987, p. 2 0 ) .
Amendment No 17: (Annex II, Section I (2) (c))
This extends the availability of laxatives to category B vessels.
Comments : Little medical justification for this amendment.
Amendment No 18: (Annex II, Section II (1))
This extends the availability of oxygen to category C vessels.
Comments : There is little medical justification for this amendment; moreover,
many vessels in category C do not have industrial oxygen on board.
Amendment No 19: (Annex    Ilia)
This amendment   introduces a list of dangerous wastes.
Comments : Annex III refers to a version of the International Maritime
Dangerous Goods Code which contains all the necessary details.
Amendments No 20 and 21 : (Annex IV)
These amend the content of the captain's training and make reference to the
guidance document published by the ILO and IMO.
Comments: These aspects of training are already mentioned in the text of the
common position-, moreover, it is inappropriate to make a direct reference to
 the IM0/IL0 guide, since the Community has no control over its content.
 ---pagebreak---                                                                           J*
DIRECTIVE ON MEDICAL TREATMENT             Revised Commission proposal in
                                           accordance with Article 149(2)(d)
Common position adopted by the Counc    on
1/10/91
THE COUNCIL OF THE EUROPEAN COMMUNITIES,   (Where there is no entry in this
                                           ppl|i(T)n, the common position
Having regard to the Treaty establishing   remains unchanged.)
the European Economic Community and in
particular Article 118a thereof,
Having regard to the proposal from the
Commission^1), drawn up after
consultation with the Advisory Committee
on Safety, Hygiene and Health Protection
at Work,
 In co-operation with the European
Par I iament^2),
Having regard to the Opinion of the
Economic and Social Committee^),
Whereas the Commission communication on
 its programme concerning safety, hygiene
and health at work^4) envisages measures
to ensure medical treatment at sea;
Whereas the safety and health of workers
on board a vessel, which constitutes a
workplace involving a wide range of risks,
bearing in mind, inter alia, its
geographical isolation, where appropriate,
require special attention;
Whereas vessels should have adequate
medical supplies, kept in good order and
checked at regular intervals, so that
workers can obtain the necessary medical
treatment at sea-,
Whereas, in order to ensure appropriate
medical treatment at sea, training and
 information of seafarers should be
encouraged as regards the use of medical
suppl ies-,
Whereas the use of long-distance medical-
consultation methods constitutes an
efficient way of contributing to the
protection of the safety and health of
workers,
HAS ADOPTED THIS DIRECTIVE:
 (1)   OJ No C 183, 24.7.1990, p.6 and 0J
       No C 74, 20.3.1991, p. 11.
 (2)   OJ No C 48, 25.2.1991, p.154 and
       Decision of (not yet published in
       the Off icial Journal).
 ---pagebreak---                  Art icle 1
                Def ini t ions
For the purposes of this Directive the
following terms shall have the following
meanings:
a) vessel: any vessel flying the flag of a a) vessel: any vessel flying the
   Member State, seagoing or estuary-         flag of a Member State or
   fishing, publicly or privately owned,      registered in a Member State,
   excluding:                                 seagoing or estuary-fishing,
                                              publicly or privately owned,
       inland navigation vessels;             excluding:
   -  warships;
   -  pleasure boats used for non-
      commercial purposes and not manned
      by professional crews;
   -   tugs operating in harbour areas.
   Vessels shall be classed in three
   categories in accordance with Annex I;
b) worker: any person carrying out an
   occupation on board a vessel, including
   trainees and apprentices, but excluding
   port pilots and shore personnel
   carrying out work on board a vessel at
   the quayside.
c) owner: the registered owner of a vessel
   unless that vessel has been chartered
   by demise or is managed, either wholly
   or in part, by a natural or legal
   person other than the registered owner
   under the terms of a management
   agreement; in that case the owner shall
   be construed as the demise charterer or
   natural or legal person managing the
   vessel as appropriate;
d) medical supplies: medicines, medical
   equipment and antidotes, a non-
   exhaustive list of which is given in
   Annex I I .
e) antidote: a substance used to prevent
   or treat a harmful effect or effects,
   direct or indirect, of one or more
   substances on the list of dangerous
   substances in Annex M l .
 ---pagebreak---                   Art icle 2
      Medicines and medical equipment
              Sick-bay - Doctor
Each Member State shall take the measures
necessary to ensure that:
1)(a) every vessel flying its flag always   1)(a) every vessel flying its
       carries on board medical supplies          flag or registered under
       which meet at least, in terms of           its jurisdiction always
       quality, the specifications of Annex       carries on board medical
       II sections I and II for the               supplies which meet, at
       category of vessel to which it              least in terms of quality,
       belongs;                                   the specifications of Annex
                                                   I I sect ions I and I I for
  (b) the quantities of medicinal products        the category of vessel to
       and medical equipment to be carried        which it belongs;
       depend on the nature of the voyage -
       in particular ports of call,
       destination, duration - the type or
       types of work to be carried out
       during the voyage, the nature of the
       cargo and the number of workers;
  (c) th* content of the medicines and
      medical equipment included in the
      medical supplies shall be detailed
      on a checklist corresponding at
       least to the general framework laid
       down in Annex IV, sections A, B and
      C II 1 and II 2;
2)(a) for each of its life-rafts and life-
      boats, every vessel flying its flag
      carries a watertight medicine chest
      at least containing the medical
      supplies specified in Annex II,
       sections I and II, for category C
       vessels;
  (b) the content of these chests is also
      detailed on the checklist referred
       to in paragraph 1(c);
3) every vessel flying its flag of more     3) every vessel flying its flag
   than 500 gross registered tonnes, with      or registered under its
   a crew of 15 or more workers, engaged       jurisdiction of more than 500
   on a voyage of more than three days,        gross registered tonnes, with
   has a sick-bay in which medical             a crew of 15 or more workers,
                                               engaged on a voyage of more
                                               than three days,
 ---pagebreak---    treatment can be administered under         has a sick-bay in which
   satisfactory material and hygienic         medical treatment can be
   cond i t ions-,                             administered under
                                               satisfactory material and
                                               hygienic condi t ions;
4) every vessel flying its flag with a     4) every vessel flying its flag
   crew of 100 or more workers, engaged on     or registered under its
   an international voyage of more than        jurisdiction with a crew of
   three days, has a doctor on board.          100 or more workers, engaged
                                               on an international voyage of
                                               more than three days, has a
                                               doctor on board responsible
                                               for the medical care of the
                                               workers;
                                           5) when, in accordance with Annex
                                                I, category B is extended to
                                               cover longer trips, the
                                               helicopter rescue services
                                               provided for are available and
                                               operational and the captains
                                               of the vessels concerned are
                                                informed regularly of their
                                               ava i lab i I i ty.
                   Art icle 3
                   Ant idotes
Each Member State shall take the measures
necessary to ensure that:
1) any vessel flying its flag and carrying  1) any vessel flying its flag or
   any of the dangerous substances listed       registered under its
    in Annex III carries on board medical       jurisdiction and carrying any
   supplies including at least the             of the dangerous substances
   antidotes listed in Section I I I of         listed in Annex III carries on
   Annex I I ;                                  board medical supplies
                                                including at least the
                                                antidotes listed in Section II
                                                of Annex I I ;
2) any ferry-type vessels flying its flag
   whose conditions of operation do not
   always allow them to know well enough
    in advance the nature of the dangerous
   substances being transported has on
   board medical supplies including at
    least the antidotes listed in Section
    I I I of Annex I I .
   However, on a regular route where the
   crossing is due to last less than two
   hours, the antidotes may be limited to
    those which have to be administered in
   cases of extreme emergency within a
   period of time not exceeding the normal
   duration of the crossing;
 ---pagebreak--- 3) the contents of the medical supplies,
   as regards antidotes, shall be detailed
   on a check list corresponding at least
   to the general framework laid down in
   Annex IV, sections A, B and C, 1 1 3 .
                  Art icle 4
       Allocation of responsibilities
Each Member State shall take the measures
necessary to ensure that:
1)(a) the provision and replenishment of
       the medical supplies of any vessel
       flying its flag are undertaken on
       the exclusive responsibility of the
       owner, without any expense to the
       workers;
  (b) the management of the medical
       supplies is placed under the
       responsibility of the captain of the
       vessel; he may, without prejudice to
       this responsibility, delegate the
       use and maintenance of the medical
       supplies to one or more workers
       specially designated by reason of
       their competence-,
2) the medical supplies are maintained in
   good condition and replenished and/or
   replaced as soon as possible, and in
   every case as a priority part of normal
   revictualI ing procedures;
3) in an emergency established by the
   captain as far as possible after having
   obtained a medical opinion, the
   required medicines, medical equipment
   and antidotes which are not available
   on board are made available as soon as
   possible.
                   Art icle 5
           Information and training
Each Member State shall take the measures
necessary to ensure that:
1) medical supplies are accompanied by one
   or more guides to their use, including
    instructions for use of at least the
   antidotes required in Annex II section
   III ;
 ---pagebreak--- 2) all persons receiving professional
                                            /lo
   maritime training and intending to work
   on board ship have been given basic
   training in the medical and emergency
   measures to be taken immediately in the
   event of an accident or serious medical
   emergency;
3) the captain and any worker or workers
   to whom he delegates the use of the
   medical supplies under Article 4(1)(b)
   have received special training updated
   periodically, at least every five
   years, taking into account the specific
   risks and needs connected with the
   different categories of vessel and in
   accordance with the general guidelines
   set out in Annex V.
                  Art icle 6
       Medical consultations by radio
1) To ensure better emergency treatment
   for workers, each Member State shall
   take the measures necessary to ensure
   that:
  (a) one or more centres are designated
       to provide workers with free medical
       advice by radio-,
  (b) some of the doctors providing their
       services for the radio consultation
       centres have been trained in the
       special conditions prevailing on
       board ship.
2) In order to optimise the advice given,
   the radio consultation centres may keep
   personal medical records, with the
   agreement of the workers concerned.
   Such records shall remain confidential.
                  Art icle 7
                  Inspect ion
1) Each Member State shall take the
   measures necessary to ensure that
   competent person or a competent
   authority carries out an annual
    inspection to check that on board
   vessels flying its flag:
 ---pagebreak---    -   the medical supplies meet the        '"J
       minimum requirements of this
       Di rect ive;
   -   the checklist provided for in
       Article 2(1)(c) confirms that the
       medical supplies comply with those
       minimum requirements;
   -   the medical supplies are correctly
       stored;
   -   any expiry dates have been
       respected.
2) Inspections of the medical supplies
   stored on life-rafts shall be carried
   out in the course of those life-rafts'
   annual maintenance.
   Those inspections may exceptionally be
   postponed for up to five months.
                    Art icle 8
                    Commi ttee
   With a view to the strictly technical
   adaptation of the Annexes to this
   Directive in the light of technical
   progress or changes in international
   regulations or specifications and new
   findings in this field, the Commission
   shall be assisted by a committee
   composed of the representatives of the
   Member States and chaired by the
   representative of the Commission.
   The representative of the Commission
   shall submit to the committee a draft
   of the measures to be taken. The
   committee shall deliver its opinion on
   the draft, within a time limit which
   the chairman may lay down according to
   the urgency of the matter. The opinion
   shall be delivered by the majority laid
   down in Article 148(2) of the Treaty in
   the case of decisions which the Council
    is required to adopt on a proposal from
   the Commission. The votes of the
   representatives of the Member States
   within the committee shall be weighted
    in the mannner set out in that Article.
   The Chairman shall not vote.
 ---pagebreak---                                                                      ^
3) The Commission shall adopt the measures
   envisaged if they are in accordance
   with the opinion of the committee.
   If the measures envisaged are not in
   accordance with the opinion of the
   committee, or if no opinion is
   delivered, the Commission shall,
   without delay, submit to the Council a
   proposal relating to the measures to be
   taken. The Council shall act by a
   quaii f ied major ity.
    If, on the expiry of a period of three
   months from the date of referral to the
   Council, the Council has not acted,
   the proposed measures shall be adopted
   by the Commission.
                   Art icle 9
               Final provisions
1) Member States shall bring into force    1) Member States shall bring into
   the laws, regulations and                  force the laws, regulations
   administrative provisions necessary to     and administrative provisions
   comply with this Directive by 31           necessary to comply with this
   December 1995. They shall forthwith        directive by 31 December 1992.
    inform the Commission thereof.            They shall forthwith inform
                                              the Commission thereof.
   When Member States adopt these
   measures, such measures shall contain a
   reference to this Directive or shall be
   accompanied by such reference on the
   occasion of their official publication.
   The methods of making such a reference
   shall be laid down by the Member
   States.
2) Member States shall communicate to the
   Commission the texts of the provisions
   of national law which they have already
   adopted or which they adopt in the
   field governed by this Directive.
                                           3) Member States shall report to
                                              the Commission every four
                                              years on the implementation of
                                              the provisions of this
                                              Directive, and in particular
                                              of Article 2 ( 5 ) , giving the
                                              views of the two sides of
                                               industry.
                                              The Commission shall inform
                                              the European Parliament, the
                                              Counci I, the Economic and
                                              Social Committee and the
                                              Advisory Committee for Safety,
                                              Hygiene and Health at Work.
 ---pagebreak---                                                                     "fa
                                          4) The Commission shall report
                                             periodically to the European
                                             Parliament, the Council and
                                             the Economic and Social
                                             Commi ttee on the
                                             implementation of this
                                             Directive, taking into account
                                             paragraphs i, % and 3.
                 Art icle 10
This Directive is addressed to the Member
States.
Done at Brussels,
              For the Counci
               The President
                                          Annexes:    (unchanged)
 ---pagebreak---                                                                            IV
                                                                    ISSN 0254-1475
                                                              COM(91) 552 final
                                                      DOCUMENTS
EN                                                                         05 04
                                Catalogue number : CB-CO-91-603-EN-C
                                                             ISBN 92-77-79126-8
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