CELEX: 51990PC0452
Language: en
Date: 1990-10-31
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING MINIMUM REQUIREMENTS FOR VESSELS ENTERING OR LEAVING COMMUNITY PORTS CARRYING PACKAGES OF DANGEROUS OR POLLUTING GOODS

No C 294/12                           Official Journal of the European Communities                                24. 11. 90
             Amendment to the proposal for a Council Directive concerning minimum requirements for
             vessels entering or leaving Community ports carrying packages of dangerous or polluting
                                                          goods (')
                                                    COM(90) 452 final
             (Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on
                                                     31 October 1990)
                                                       (90/C 294/09)
             (') OJ No C 147, 14. 6. 1989 [COM(89) 07 final].
             The proposal for a Council Directive of 19 May 1989, document COM(89) 07 final shall be
             modified as follows:
                     ORIGINAL PROPOSAL                                                 MODIFIED PROPOSAL
                                                        First recital
Whereas the volume of dangerous goods carried by sea              Whereas the volume of dangerous or polluting goods
has been growing unabated, increasing the risk of                 carried by sea has been growing unabated, increasing the
accidents that could be on a catastrophic scale;                  risk of accidents that could be on a catastrophic scale;
                                       Second and third recitals u n c h a n g e d
                                                                                          Recital 4a
                                                                                             (new)
                                                                  Whereas recent cases of accidents have shown the
                                                                  difficulty of providing speedy and proper compensation
                                                                  for victims (including fishermen, tourists, coastal
                                                                  communities), and whereas it is therefore the political
                                                                  responsibility of governments and carriers to reduce the
                                                                  risks before having to provide compensation;
                                                                                          Recital 5a
                                                                                             (new)
                                                                  Whereas 14 European countries, including the Member
                                                                  States of the EC, have signed the Memorandum of
                                                                  Understanding on Port State Control, which includes
                                                                  Marpol     73/78    among the relevant        instruments
                                                                  compliance with which is required by inspections;
 ---pagebreak--- 24. 11.90                            Official Journal of the European Communities                              No C 294/13
                     ORIGINAL PROPOSAL                                                 MODIFIED PROPOSAL
                                                         Article 1
The purpose of this Directive is to require vessels              The purpose of this Directive is to require vessels
entering or leaving Community ports carrying packages            entering or leaving Community ports carrying dangerous
of dangerous goods to observe a number of minimum                or polluting goods in packages to observe a number of
standards designed to improve shipping safety, safeguard         minimum standards designed to improve shipping safety,
human life and protect the marine environment.                   safeguard human life and protect the marine
                                                                 environment.
                                                         Article 2
For the purposes of this Directive:                              For the purposes of this Directive:
— 'vessels concerned' means vessels carrying dangerous           — 'vessels concerned' means vessels entering or leaving
    goods in packages, containers, mobile tankers, tanker            Community ports and carrying dangerous or
    lorries and tanker wagons;                                       polluting goods in packages, containers, mobile
                                                                     tankers, tanker lorries and tanker wagons;
— 'dangerous goods' means the substances, products,              — 'dangerous or polluting goods':
    solutions, mixtures, etc.
                                                                     (a) substances, products, solutions, mixtures, etc.
                                                                          prescribed by the IMDG code (International
                                                                          maritime code on the transport of dangerous
                                                                          goods) on the entry into force of the Directive,
                                                                     (b) waste materials laid down in Council Directive
                                                                          75/442/EEC — as amended — to the extent that
                                                                          they fulfil the specifications and the criteria as
                                                                          defined in the IMDG code.
                                             Articles 3 and 4 u n c h a n g e d
                                                       Article 5 (i)
(i) communicate to the competent authority of the                (i) communicate to the competent authority of the
    Member State in which the port of berthing or                    Member State in which the port of berthing or
    departure is located, either directly or via agents              departure is located, either directly or via agents
    representing their line, the information listed in               representing their line, the information listed in
    Annex I to this Directive. This information must be              Annex I to this Directive. This information must be
    submitted not later than 24 hours before the vessel              submitted not later than 24 hours before the vessel
    berths or sets sail (or in good time for short-sea               berths or sets sail (or in good time for short-sea
    sailings);                                                       sailings). This information shall be communicated on
                                                                     demand by the competent authority to port workers'
                                                                     representatives;
 ---pagebreak--- No C 294/14                            Official Journal of the European Communities                                     24. 11. 90
                       ORIGINAL PROPOSAL                                                    MODIFIED PROPOSAL
                                                         Article 5 (ii)
(ii) establish as soon as possible radiotelephone                    (ii) establish as soon as possible radiotelephone
     communication with the coastal radio stations in the                 communication with the coastal radio stations in the
     Member State concerned — in particular with the                      Member State concerned — in particular with the
     nearest radar station, if there is one-and maintain                  nearest radar station, or maritime emergency
     such communication;                                                  services, where they exist — and maintain such
                                                                          communication in conformity with the international
                                                                          rules normally applied;
                                                         Article 5 (iv)
(iv) avail themselves of the pilot services available on the         (iv) avail themselves of the pilot services available on the
      spot and provide the pilot-and on request the                        spot and provide the pilot — and on request the
      competent authority in the Member State in which                     competent authority in the Member State in which
      the port is located — with a check list based on the                 the port is located — with a check list complying
      model in Annex II to this Directive plus a copy of                   with the international regulations plus a copy of the
      the list or manifest mentioned in point 1.8 of Annex I.              list or manifest mentioned in point 1.8 of Annex I.
                                                                           An example of this last document shall be presented,
                                                                           before the ship sets sail, to the person or organ-
                                                                           ization designated by the port authority of the
                                                                           Member State concerned.
                                                                                               Article 5a
                                                                                                  (new)
                                                                     The shipping authorities of the Member           States may
                                                                     prohibit movement by the vessels concerned       where they
                                                                     consider that shipping safety, the safety of     workers or
                                                                     the protection of the marine environment        so requires.
                                                                                               Article 5 b
                                                                                                  (new)
                                                                     The shipping authorities of the Member States may
                                                                     order the vessels concerned to follow certain courses or
                                                                     to take on board a pilot within their territorial waters.
                                                             Article 6
                                                           first indent
     any deficiencies or incidents which may decrease     the             any deficiencies or incidents which may decrease the
     normal safe manoeuvrability of the vessel, affect    the             normal safe manoeuvrability of the vessel, pose a risk
     safety and flow of traffic or constitute a real       or             to the health or safety of crews or land-based
     potential hazard to the marine environment            or             workers, affect the safety and flow of traffic or
     coastal areas;                                                       constitute a real or potential hazard to the marine
                                                                          environment or coastal areas;
 ---pagebreak--- 24. 11.90                            Official Journal of the European Communities                                     No C 294/15
                    ORIGINAL PROPOSAL                                                          MODIFIED PROPOSAL
                                                               Article 6
                                                            second indent
    any leak of dangerous goods within the vessel and                       any leak of goods covered by this Directive within
    any discharges at sea of such goods, particularly of                    the vessel and any discharges at sea of such goods.
    goods listed in Annex 4.II. This notification must be                  This notification must be based on the IMO's
    based on the model set out in Annex 3.                                  standard procedures.
                                                                                                  Article 6a
                                                                                                     (new)
                                                                       Navigation in        the territorial waters of the ships
                                                                       concerned may       be forbidden or the presence of a pilot
                                                                       on board may        be required when visibility is impaired
                                                                       and/or the sea     is rough.
                                                               Article 7
Pilots engaged in the berthing or departure of the vessels             Pilots engaged in the berthing or departure of the vessels
concerned shall immediately inform the competent                       concerned shall immediately inform the competent
authority in the Member State in which the port is                     authority in the Member State in which the port is
located whenever they learn of any deficiencies which                  located whenever they learn of any deficiencies which
may prejudice the safe navigation of the vessel or cause               may prejudice the safe navigation of the vessel, pose a
pollution of the marine environment.                                   risk to the health or safety of crews and land-based
                                                                       workers or cause pollution of the marine environment.
                                           A r t i c l e s 7, 8 a n d 9 u n c h a n g e d
                                                                                                 Article 10a
                                                                                                    (new)
                                                                       1.     The Commission shall take the necessary measures
                                                                       to:
                                                                       — adapt this Directive in the light of scientific-technical
                                                                           progress, in the fields concerned by its scope,
                                                                           take into account the future amendments of the
                                                                           IMDG mentioned in Article 2.
                                                                       For this purpose the Commission shall be assisted by an
                                                                       Advisory Committee composed of representatives from
                                                                       Member States and chaired by the Commission.
 ---pagebreak--- No C 294/16                               Official Journal of the European Communities                                       24. 11. 90
                       ORIGINAL PROPOSAL                                                      MODIFIED PROPOSAL
                                                                      2.     The Commission representative shall submit to the
                                                                      Committee a draft of the measures to be taken. The
                                                                      Committee shall give its opinion on the draft within a
                                                                      deadline to be fixed by the Chairman in the light of the
                                                                      urgency of the point at issue, and if necessary proceed to
                                                                      a vote.
                                                                      3.     The opinion shall be written into the minutes:
                                                                      further, each Member State shall have the right to
                                                                      request that its proposal is recorded in the minutes.
                                                                      4.     The Commission shall be guided as far as possible
                                                                      by the Committee's opinion and shall inform the
                                                                      Committee how its advice has been followed.
                                                           ANNEX I: Title
Information on vessels carrying packages of dangerous goods           Information on vessels carrying dangerous goods or harmful
                                                                      substances in packaged forms
                                                    Points 1.1. to 1.6 unchanged
1.7. Precise nature of the dangerous goods carried, based on          1.7. Precise nature of the substances carried, in accordance with
     the lists set out in Annexes 4, 4a and 4b, numbers and                the provisions of the nomenclature of the IMDG code,
     quantities involved and location on the vessel                        numbers and quantities involved and location on the vessel
                                                        Point 1.8 unchanged
                                                              ANNEX II
Check list for vessels carrying packages of dangerous goods           Check list for vessels carrying dangerous goods or harmful
                                                                      substances in packaged forms
A. Vessel identification                                               A. Vessel identification
    Name of vessel:                                                       Name of vessel:
    Flag:                                                                 Flag:
    Port of registry:                                                     Port of registry:
                                                                          Vessel's international call sign, if available:
                                                         Remainder unchanged
                                                      Annexes III and IV deleted