CELEX: 51990PC0272
Language: en
Date: 1990-06-29
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR IMPROVED MEDICAL TREATMENT ON BOARD VESSELS

No C 183/6                            Official Journal of the European Communities                                 24. 7. 90
                                                              II
                                                       (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Directive on the minimum health and safety requirements for improved
                                             medical treatment on board vessels
                                               COM(90) 272 final — SYN 278
                                                (Submitted by the Commission)
                                                        (90/C 183/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, in order to improve medical treatment at sea, it
                                                                  is desirable to promote training in and information on
                                                                  the use of medical supplies and of the various remote
                                                                  medical consultation facilities;
 Having regard to the Treaty establishing the European
 Economic Community and in particular Article 118A
thereof,
                                                                  Whereas there is a need to provide for additional
                                                                  measures for medical assistance at sea in order to take
Having regard to the Commission's proposal drawn up               account of technological and medical progress and thus
after consultation with the Advisory Committee on                 ensure better protection of the health and safety of the
Safety, Hygiene and Health Protection at Work,                    workers,
In cooperation with the European Parliament,
                                                                  HAS ADOPTED THIS DIRECTIVE:
Having regard to the opinion of the Economic and
Social Committee,                                                                          Definitions
                                                                                            Article 1
Whereas the Commission communication on its                       For the purposes of this Directive, the following terms
programme concerning safety, hygiene and health at                have the meanings hereafter assigned to them:
work (') envisages measures to ensure medical treatment
at sea;
                                                                 — vessel:
Whereas    a vessel is a workplace which requires special
attention   on account of its mobility, its geographical
isolation, and the potentially high risks to the safety and           any vessel flying the flag of a Member State, which is
health of  the workers on board;                                      operated at sea or in adjacent waters accessible to
                                                                      sea-going vessels and is publicly or privately owned,
                                                                      excluding warships and pleasure boats used for
                                                                      non-commercial purposes. Vessels fall into four
Whereas there is a need for vessels to have on board                  categories in accordance with Annex I;
adequate medical equipment and medicines, properly
maintained and checked at regular intervals, to permit
the effective treatment of the crew and, in certain cases,
avoid disembarkations at sea or diversions of vessels,           — worker:
which are not only costly but can also delay treatment;
                                                                      any person who is employed or retained in whatever
                                                                      capacity on board a vessel, including trainees and
O OJ No C 28, 3. 2. 1988, p. 3.                                       apprentices, but excluding pilots;
 ---pagebreak--- 24. 7. 90                              Official Journal of the European Communities                              No C 183/7
— medical supplies:                                                               Allocation of responsibilities
                                                                                            Article 4
    medical equipment and medicines, including any
    antidotes that may be required under the terms of             Member States shall take the measures necessary to
    Article 3 (1);                                                ensure that:
— antidote:                                                       1. the provision and replenishment of all the medical
                                                                     supplies of any vessel under their jurisdiction are
    a substance or means used to prevent or treat a                  undertaken at the responsibility and exclusively at the
    harmful effect or effects, direct or indirect, of one or         expense of the owner, without any expense to the
    more substances included in the list of dangerous                workers; these supplies are to be placed under the
    substances in Annex III.                                         responsibility of the captain of the vessel who may,
                                                                     without prejudice to this responsibility, delegate the
                                                                     use and maintenance of the supplies to one or more
                                                                     workers specially designated by reason of their
                     Medical supplies                                competence;
                         Article 2
                                                                 2. the medical supplies are maintained in good condition
Member States shall take the measures necessary to                   and replenished where necessary, as soon as port
ensure that the vessels under their jurisdiction always              conditions permit.
have at least one medicine or one item of medical
equipment in each of the categories set out in Annex II
for the category of vessel to which they belong.
                                                                                    Information and training
The quantities to be carried must take account of the
nature and destination of the trip and the number of                                        Article 5
crew members.                                                    Member States shall take appropriate measures to ensure
                                                                 that:
The contents of the medical supplies shall be detailed on
a checklist as shown in Annex V.
                                                                  1. the medical supplies are accompanied by a guide to
                                                                     their use, including instructions for the use of the
                                                                     antidotes required pursuant to Article 3;
                   Dangerous substances
                         Article 3                               2. during their professional maritime training all persons
                                                                     intending to work on board are given instruction in
Member States shall take the measures necessary to                   the medical and emergency measures to be taken
ensure that:                                                         immediately in the event of an accident or serious
                                                                     emergency;
1. any vessel under their jurisdiction carrying any of the
   dangerous substances listed in Annex III has medical          3. the captain and the worker or workers to whom he
   supplies, including the appropriate antidotes listed in           delegates the use of the ship's medical supplies
   Annex II, and that to this end its captain is kept                pursuant to Article 4 of this Directive have received
   informed of the dangerous substances loaded on                    special training, taking into account the specific risks
   board, in order to protect the health and safety of the           and needs connected with the different categories of
   workers;                                                          vessels and in accordance with the general guidelines
                                                                     set out in Annex IV.
2. for ferry-type vessels, whose conditions of operation
   do not always allow them to know well enough in
   advance the nature of the dangerous substances being                                     Article 6
   transported, all the antidotes listed in Annex II are
   carried on board. However, on a regular route where           The Member States shall designate one or more centres
   the crossing is due to last less than two hours, the          to provide any data which may be required to improve
   antidotes may be limited to those which have to be            emergency treatment for crew members. The trans-
   administered within a period of time not exceeding            mission system used must ensure that such data remain
   the duration of the crossing.                                 confidential.
 ---pagebreak--- No C 183/8                             Official Journal of the European Communities                              24. 7. 90
                         Inspection                              The Commission shall adopt the measures envisaged if
                                                                 they are in accordance with the opinion of the
                          Article 7                              committee.
Member States shall take appropriate measures to ensure          If the measures envisaged are not in accordance with the
that a competent authority carries out annual checks on          opinion of the committee, or if no opinion is delivered,
all vessels under their jurisdiction to determine whether        the Commission shall, without delay, submit to the
the medical supplies carried correspond to the checklist         Council a proposal relating to the measures to be taken.
provided for pursuant to Article 2.                              The Council shall act by a qualified majority.
                Adaptation of the Annexes                        If, on the expiry of a period of three months from the
                                                                 date of referral to the Council, the Council has .not
                          Article 8                              acted, the proposed measures shall be adopted by the
                                                                 Commisson.
For the purpose of making technical changes to the
Annexes of this Directive in the light of technical
progress, changes in international regulations or specifi-                            Final provisions
cations and new findings in this field, the Commission
shall be assisted by a committee composed of the repre-
sentatives of the Member States and chaired by the                                       Article 9
representative of the Commission.                                1. Member States shall bring into force the laws,
                                                                 regulations and administrative provisions necessary for
The representative of the Commission shall submit to the         compliance with this Directive by 31 December 1993.
committee a draft of the measures to be taken.                   They shall immediately notify the Commission thereof.
The committee shall deliver its opinion on the draft             The provisions adopted pursuant to the first
within a time limit which the chairman may lay down              subparagraph shall make express reference to this
according to the urgency of the matter.                          Directive.
The opinion shall be delivered by the majority laid down         2. Member States shall notify the Commission of the
in Article 148 (2) of the Treaty in the case of decisions        text of the regulations under national law which have
which the Council is required to adopt on a proposal             already been adopted or will be adopted in the area
from the Commission.                                             governed by this Directive.
The votes of the representatives of the Member States                                    Article 10
within the committee shall be weighted in the manner set
out in that Article. The chairman shall not vote.                This Directive is addressed to the Member States.
 ---pagebreak--- 24. 7. 90                                  Official Journal of the European Communities                                          N o C 183/9
                                                                   ANNEX I
                                    CATEGORIES OF VESSEL REFERRED TO IN ARTICLE 1
          A. Sea-going or sea-fishing vessel, with no limitation on length of trips.
          B. Sea-going or sea-fishing vessel, making trips of between 100 and 200 nautical miles from the nearest
               port.
          C. Sea-going or sea-fishing vessel making trips of less than 100 nautical miles from the nearest port (').
          D. Harbour vessels, boats and craft staying very close to shore or with no cabin accommodation other than
               a wheelhouse.
          (') This category may be extended to vessels of less than 50 gross register tons or to those which remain continuously
               within range of helicopter rescue services.
                                                                  ANNEX II
                                       MEDICAL SUPPLIES REFERRED TO IN ARTICLE 2
             I. Medicines
                                                                                                          Categories of vessel^)
                1. Cardiovascular medicines
                    — Circulatory analeptic
                    — Anti-angina
                    — Diuretic
                    — Anti-haemorrhagic
                2. Gastrointestinal system                                                              A        B     C       D
                    — Medicines for gastric and duodenal disorders                                      +       +     +
                    — Antiemetic                                                                        +       +     +        +
                    — Laxatives                                                                         +       +
                    — Anti-diarrhoeal                                                                   +       +     +        +
                    — Intestinal antiseptic                                                             +       +
                    — Haemorrhoid preparations                                                          +        +
          (') + indicates that this type of medicine must be carried on board the category of vessel in question.
 ---pagebreak--- N o C 183/10                       Official Journal of the European Communities          24. 7. 90
             3. Analgesics                                                      A  B C D
                — Analgesics, antipyretics and anti-inflammatory                +  + + +
                — Morphine analgesics                                           •f + +
             4. Nervous system                                                  A  B C D
                — Anxiolytic                                                    +  +
                — Neuroleptic                                                   +  +
                — Antihistaminic HI                                             +  + +
             5. Hormone system                                                  A  B C D
                — Glucocorticoids                                               +  + +
             6. Respiratory system                                              A  B C D
                — Medicines used in cases of bronchospasm                       +  + +
                — Antitussives                                                  +  + +
                — Medicines used for colds and sinusitis                        +  + +
             7. Anti-infection                                                  A  B C D
                — Antibacterial antibiotics and sulphamides                     +  + +
                — Urinary antiseptics                                           +  +
                — Antiparasitics                                                +  + +
                — Vaccines, anti-tetanus gammaglobulins                         +  +
                                                                                A  B C D
             8. Compounds promoting            rehydration    and caloric or
                mineral salt intake                                             +
             9. Medicines for external use                                      A  B C D
                — Skin medicines                                                +  + +
                — Eye medicines                                     •           +  + +
                — Ear medicines                                                 +  +
                — Medicines for oral and throat infections                      +  + +
                — Local anaesthetics                                            +  +
 ---pagebreak--- 24. 7. 90                             Official Journal of the European Communities                              N o C 183/11
           II. Medical equipment and dressings
                                                                                          A     B     C     D
               1. Resuscitation equipment                                                 +     +     +
               2. Dressings                                                               +     +     +     +
               3. Instruments                                                             +     +     +     +
               4. General medical equipment                                               +     +     +
               5. Immobilization equipment                                                +     +     +     +
               6. Disinfection — disinsectization — protection                            +     +     +
          III. Antidotes
               1. Medicines
                   — General
                   — Anti-infective
                   — Cardiovascular
                   — Respiratory system
                   — Gastrointestinal system
                   — Nervous system
                   — For external use
               2. Equipment
                   — Necessary for the administration of oxygen
                                                           ANNEX III
                              DANGEROUS SUBSTANCES REFERRED TO IN ARTICLE 3
              Explosive substances and objects
              Gases: compressed, liquefied or dissolved under pressure
              Inflammable liquids
              Inflammable solids
              Inflammable solids, substances liable to spontaneous combustion
              Inflammable solids, substances which, on contact with water, give off inflammable gases
              Combustible substances
              Organic peroxides
              Toxic substances
              Infectious substances
              Corrosive substances
              Various dangerous substances, i. e. any other substances which experience has shown or may show to
              be dangerous, so that the provisions of Article 3 need to be applied.
 ---pagebreak--- l^oCt^Bl^                               C^ffici^lJour^^ofthe^urooe^nCornrnuniu^                             ^.^,^0
         MEDICALTRAININC OF THE CAPTAIN AND OTHER PERSONS, AS REFERRED TO IN
                                                      ARTICLED
         ^asic understanding of phvsiologv^svmptomatologv and therapeutics.
         Detailed knowledge of ho^ to use the various remote medical consultation facilities.
         Ahilitv to perform basic tvpes of treatment and supervise emergence disembarkation at sea.
         Theabovementionedtraining shouldtakeaccount of the programmesofinstructiondetailed in relevant
         recent international documents.
               CHECKLIST FOR VESSELS'MEDICAL SUPPLIES AS REFERRED TO IN ARTICLED
         t. De^Iso^tlie vessel
            Name^
            Flag^
            Homeport^
         ^.Me^c^s^^es
                                                                                                    ves  no
            ^.t. Medicines
                 — cardiovascular                                                                   (0   (0
                 — gastrointestinal svstem                                                          00   00
                 — analgesics                                                                       (0  CO
                 — nervous svstem                                                                   0^  OO
                 — h o r m o n e svstem                                                             Co   (^
                 — respiratorv svstem                                                               (0   (0
                 — antPinfection                                                                    (0   (0
                 — rehydration                                                                      Co  eO
                 — external use                                                                     (O   0^
                 mother                                                                             (0   (0
            ^.Antidotes                                                                               B
                 — general                                                                          ^0   00
                 — antiinfection                                                                    CO  CO
                 — cardiovascular                                                                   (0   (0
                 — respiratorv svstem                                                               00  CO
                 — gastrointestinal svstem                                                          CO   (0
                 — nervous svstem                                                                   00   (0
 ---pagebreak--- 24. 7. 90                         Official Journal of the European Communities                          N o C 183/13
                                                                                                 yes no
               — external use
               — other                                                                            O  O
               — necessary for the administration of oxygen                                      O   O
          2.3. Equipment
               — resuscitation equipment                                                         O   O
               — dressings                                                                       O   O
               — instruments                                                                     O   O
               — general medical equipment                                                       O   O
               — immobilization equipment                                                        O   O
               — disinfection; disinsectization; protection                                      O   O
               — other equipment                                                                 O   O
                      (Date)                                              (Signature of captain)
                                            Stamp of the competent authority
                                     \