CELEX: 51978PC0580
Language: en
Date: 1978-11-07
Title: PROPOSAL FOR A COUNCIL DECISION RENDERING MANDATORY THE PROCEDURES FOR SHIP INSPECTION FORMING THE SUBJECT OF RESOLUTIONS OF THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION

28.11.78                            Official Journal of the European Communities                           'No C 284/3
1. Article 2 shall read:                                                 Botswana               2 895 tonnes
   'Article 2                                                             Kenya                     25 tonnes
   The reduction provided for in Article 1 shall be                      Madagascar              1 160 tonnes
   limited:                                                               Swaziland               515 tonnes'.
   — from 1 January to 31 December 1979 to a
       quantity of 27 532 tonnes, expressed in terms           2. In the second paragraph of Article 4 '31 December
       of boned meat, allocated as follows:                        1978' shall read '1 March 1980'.
           Botswana              17 360 tonnes
           Kenya                    130 tonnes                                         Article 2
           Madagascar             6 956 tonnes
                                                               This Regulation shall enter into force on 1 January
           Swaziland              3 086 tonnes,                1979.
       from 1 January to 1 March 1980 to a quantity
       of 4 595 tonnes, expressed in terms of boned            This Regulation shall be binding in its entirety and
       meat, allocated as follows:                             directly applicable in all Member States.
              Proposal for a Council Decision rendering mandatory the procedures for ship in-
              spection forming the subject of resolutions of the Inter-Governmental Maritime
                                               Consultative Organization
                        (Submitted by the Commission to the Council on 13 November 1978)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       Whereas action by the Community must, in
                                                               particular, fit into the framework of the present and
Having regard to the Treaty establishing the                   future measures taken by specialized international
European Economic Community, and in particular                 organizations; whereas in this context it is necessary
Article 84 (2) thereof,                                        to harmonize at Community level the safety
                                                               inspections of ships on the basis of the existing
Having regard to the proposal from the Commission,             international conventions, resolutions and recommen-
                                                               dations relating to safety standards and to the
Having regard to the opinion of the European                   procedures for verifying their effective application;
Parliament, .
                                                               Whereas the Inter-Governmental Maritime Consulta-
Having regard to the opinion of the Economic and
                                                               tive Organization, IMCO, has prepared a series of
Social Committee,
                                                               procedures for the inspection of ships intended to
                                                               assist States in ensuring compliance with the
Whereas at its meeting on 7 and 8 April 1978 the               provisions of the various international conventions
European Council stated that the Community must                relating to safety at sea and the prevention of and
make the prevention of and the fight against the               fight against pollution of the seas by ships;
pollution of the sea, particularly by oil, an important
objective of its programme, and reaffirmed at its
meeting on 6 to 7 July 1978 the need to intensify the          Whereas the Council adopted a declaration at its
efforts being made with the aim of preventing and              meeting on 12 June 1978 on the strengthening of the
combating pollution of the seas, particularly by oil,          effectiveness of ship inspections and on the
and in addition considered it necessary, taking                Commission's intention to address to it proposals
account of the proposals from various Member States            for the harmonization of national laws which have
and the Commission, to take additional measures                been adopted or are to be adopted in implementation
with a view to increasing safety at sea;                       of the international rules;
 ---pagebreak--- N o C 284/4                        Official Journal of the European Communities                             28. 11.78
Whereas an initial stage in achieving this objective is                              Article 2
to incorporate into Community law the procedures
and directives to be followed in inspecting ships            1.     The Member States shall take all measures
which have already been the subject of IMCO                  necessary to ensure effective application of the
resolutions;                                                 procedures to be implemented by port States, set out
                                                             in paragraph 12 of Resolution A 391 (X) on the
Whereas it is desirable for the resolutions and /            procedures for inspecting discharges in accordance
recommendations that still have to be adopted by             with the 1954 Convention for the prevention of
IMCO with regard to the effective application of             pollution of the sea by oil (including the amendments
other international instruments to be applied by the         adopted in 1962 and 1969), which was adopted on
Member States, and whereas, in consequence, it is            14 November 1977 by the Assembly of IMCO, in all
necessary to make provision for an appropriate               cases in which they receive information about a
decision-making procedure;                                   flagrant contravention of the abovementioned
                                                             Convention or an alleged contravention of the
                                                             Convention.
Whereas, in a subsequent stage, to ensure full
application of the I M C O resolutions and of the            2.     They shall also ensure that, in accordance with
Memorandum of understanding of 2 March 1978                  the Appendix to the abovementioned resolution,
between certain maritime authorities on the mainten-          procedures are implemented in the oil-loading
ance of standards on merchant ships, the Commission
                                                             terminals located on their territory so that every ship
will propose the necessary measures relating to the
                                                              presented for loading is subjected to an inspection by
frequency and procedures of inspection;
                                                             the staff of the said oil terminal in respect of the
                                                              tank-cleaning procedure on its ballast voyage and the
Whereas       disorganized      application   of    these     consequent retention of residues in its slop tank(s).
 international rules could only lead to distortions of
competition within the Community and make the
environmental protection measures and the safety                                      Article 3
 measures taken by certain Member States ineffective,
                                                              1.    On a proposal by the Commission, the Council
                                                              shall adopt, by a qualified majority, the Decisions
                                                              necessary for the effective application by the Member
HAS ADOPTED THIS DECISION:                                    States of the resolutions or recommendations that are
                                                              still to be adopted by I M C O concerning the
                                                              implementation of international maritime agreements.
                         Article 1
                                                              2.    Within one year following the adoption of this
 1.    The Member States shall take all measures              Decision, the Council shall act by a qualified majority
 necessary to ensure the effective application of the         on a Commission proposal regarding measures
 procedures for inspecting ships set out in the Annex         relating to the frequency of and procedures for
 to Resolution A 321 (IX) on the procedures for               inspections.
 inspecting ships adopted on 12 November 1975 by
 the Assembly of the Inter-Governmental Maritime
 Consultative Organization (IMCO) in respect of                                       Article 4
 ships putting into their ports and subject to the
 provisions of the International Convention of 1960           As soon as possible and by no later than . . . , the
 for the safety of life at sea and the International          Member States, having consulted the Commission,
 Convention of 1966 on load lines.                            shall adopt the laws, regulations and administrative
                                                              provisions necessary for the implementation of this
                                                              Decision.
 2.    However, in matters covered by paragraphs 5,
 9, 10 and 22 of the abovementioned Annex, the
 Member States shall retain a discretionary power in                                  Article 5
 respect of the application of appropriate procedures
  in particular cases that may arise.                         This Decision is addressed to the Member States.