CELEX: 51978PC0238
Language: en
Date: 1978-05-30
Title: Proposal for a COUNCIL DIRECTIVE concerning the Ratification of Convention on sofity in shipping (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (78) 238
Vol. 1978/0078
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 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                     COM(78)238 final.
                                                                     Brasse ls , 30 May 1978 »
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                                    Proposal for a
                                  COUNCIL DIRECTIVE
                concerning "the Ratification of Convention on sofity
                                     in shipping
                       ( submitted to *the Council by "the Commission ;
                                                                        Λ
Can ( 78 ) 238 final .
 ---pagebreak---                       EXPLANATORY MEMORANDUM
     The Copenhagen Council of 7-8 April 1978 asked the Commission to
 propose , within the wider context of improving safety in shipping,
 measures to "bring existing international rules into effect rapidly ,
 particularly the minimum standards for the operation of ships . ,
     In its communication to the Council of 27 April 1978 concerning
marine pollution "by oil tankers ^COM (78) 184 final7» the Commission
noted that the establishment of minimum standard and inspection
procedures , which had been accomplished through the agreements concluded'
at the IMCO and the ILO , marked a major step forward in relation to the
previous situation.     The agreements in question are the 1974 International
Convention for the Safety of Life at Sea (SOLAS ), as amended by the 1978
Protocol , the 1973 Convention for the Prevention of Pollution by Ships
(MARPOL), as amended by the 1978 Protocol , and ILO Convention No 147 on
Minimum Standards for Merchant Shipping.
     The Commission remarked in its communication that the reason why
international action was ineffectual was not so much that the measures
in question were inappropriate as that the international agreements were
not receiving effective application.      Ratification by the Member States
of the SOLAS ( 1974) and MARPOL ( 1973 ) Conventions , as amended in 1978 ,
and ILO Convention No 147 J could accelerate their entry into force and is
a necessary first step towards the prevention of accidents such as that
of the Amoco-Cadiz .    In the present draft Council Decision - 'which could
be adopted at the Transport Ministers' session on 12 June 1978       the
Commission is propsoing that those three Conventions be ratified by those
Member States which have not already done so .
     Ratification by Member States is at present very uneven, and unsystematic
ratification could affect conditions of competition within the Community .
The draft Council Decision therefore sets deadlines by which the Member
States are to sign, ratify or accede . Even supposing the Conventions enter
into force rapidly at international level , they are inadequate by themselves
to guarantee the effectiveness of the checks on minimum standards .      In the
above-mentioned communication the Commission stressed the need for rapid
application of the checks provided for and for their harmonization at
Community level , so as to avert any risk of deflection of trade , and also
for common action by the Member States at the IMCO to tighten up inspection
procedures .    The proposal for a Council Decision is therefore accompanied
by a draft statement asking the Commission to present the requisite
proposals as quiokly as possible .
 ---pagebreak---           PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RATIPTCATION" OP
                      CONVENTIONS ON SAFETY IN SHIPPING
The Council of the European Communities ,
Having regard to the Treaty establishing* the European Economic Community , and
in particular Articles 49 » 84(2 ) and 100 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the . Economic and Social Committee ,-
Whereas the . European Council of J-8 April 1978 declared that the prevention
and the fight against maritime pollution , particularly by oil , must be a
major objective for Community action , and whereas it asked the Council ,
acting on a proposal from the Commission , and the Member States to take
appropriate measures within the Community without delay and to present common
positions at the appropriate international forums on the rapid application
of the existing international rules in this field , particularly on minimum'    '
standards for the operation of ships ;                                 ^
Whereas the European Communities * environment action programmes have stressed
that Western Europe has a fundamental interest in seeing effective, action
undertaken to reduce the risks inherent in the transport of oil , including
the danger of severe coastal pollution as the result of accidents on the high
seas , and have specified that , if vital environmental equilibria are to- be
preserved , priority nruat be given to protecting the quality of sea water ;
Whereas safety in shipping crust be increased and the living- and working
conditions of crews , and their level of competence , must be safeguarded ;
Whereas Community action in this field must be integrated with that of the
specialized international bodies , but whereas the effectiveness of the action
already taken at international level , particularly by the IMCO and the ILO   '
and tinder their Conventions , could be jeopardised if too long a period were to
elapse between the conclusion of those Conventions and their entry into force ;
Whereas the 1974 International Convention for the Safety of Life at Sea and the
1978 Protocol relating thereto ( SOLAS ) and ILO Convention No 147 of
29 September 197$ on Minimum Standards for Merchant Shipping , which have not
yet entered into force , can make a substantial contribution towards improving
both technical and welfare standards affecting , respectively , the safety of
ships and their equipment , and the living and working conditions of their crews
Whereas the 1973 Convention for the Prevention of Pollution by Ships as amended
by the 1978 Protocol (MARPOL) , oan make a substantial contribution towards
protecting the marine environment against pollution by ships , particularly oil
tankers ;
 ---pagebreak--- Whereas the signature and ratification or the accession by all the Member States
 could accelerate the entry into force and increase the effectiveness of these
Convent ions J
Whereas , if the Conventions were to "be ratified unsystematically , conditions
 of competition could "be affected , which would have a direct influence on the
 operation of the common markets
Concerning that the Convention No 147 of the ILO contains common rules in
several areas which constitute a first stage in the field of social harmoni­
zation within the sense of Article 117 , and., therefore facilitate the effective
exercise of the free movement of seamen in the Community#
 Whereas the object of the Conventions is such that their ratification by the
 Member States cannot stand in the way of effective inspections
 being- carried out when -a ship enters a Community port ,
 HAS ADOPTED THIS DIRECTIVE :               ,
                                     Article 1
 1 . Where they have not already done so , Member States shall , where necessary ,
     sign the following international Conventions and ratify them or accede to them
     – the 1974 International Convention for the Safety of Life at Sea (SOLAS);
     – the 1978 Protocol relating to the 1974 International Convention for the
        Sa,fety of Life at Sea ; •
     – the 1973 International Convention for the Prevention of Pollution by
        Ships (MARPOL) , as amended by the 1978 Protocol ;
     – Convention No 147 on Minimum Standards for Merchant Shipping, adopted by
        the International Labour Conference in 1976 .
2.    The signature , ratification or accession by the Member States shall take
      place by the following dates :
     – the 1974 SOLAS Convention : ratification or accession as soon as possible ,
                                      and in any event by 1 January 1979 ;
     – the Protocol thereto ( 1978) i– signature as soon as possible and , by
                                      1 March 1979 at the latest ;
                                     – ratification as soon as possible , and in any
                                        event by 30 June 1979 ,
     – the Protocol ( 1978) amending and supplementing the MARPOL Convention C 1 97 3)
        and Annex I thereto !        - signature by 1 June 1979 ;
                                     - ratification before 1 June 1980 .
     – ILO Convention No 147 s       - ratification or accession by 1 April 1979
 ---pagebreak---                                   Article 2
    Member States shall inform in writing the Secretary-General of the
Inter-Governmental Maritime Consultative Organization or of the International
Labour Organization, as appropriate , that their signature , ratification or
accession has taken place in accordance with this Directive .
This Directive is addressed to the- Member States .
Done at
                                                              For the Council ,
 ---pagebreak---   DRAFT COUNCIL STATEMENT ON MORS STRINGENT SHIP INSPECTIONS
      The Council of the European Communities considers it essential to
  back up the action taken at international level through the international
  organizations to prevent marine pollution caused by oil discharges and
  to ensure the safety of ships and the competence of their crews .      The
  Council considers that , with this in view, the Member States and the
  Community should reinforce the inspections already or to be provided
  for in the international Conventions , notably "by applying provisions
  at Community level which will enable ships and crews not fully meeting
  the requirements of the Conventions to be identified .
      The Council therefore asks the Commission to present to it as soon
  as possibles
  1.  proposals for the harmonization of the national laws which have or
      are to be taken to implement the Conventions , where such laws
      concern the inspection of ships calling at    Community ports or
      using Community inland waterways ;
  2.  proposals aimed at the adoption of a common position at the
      IMCQ by the Member States , with a view toi
      – making the procedures and directives to be followed for checking
         ships and discharge compulsory, by Agreement , where these are the
         subject of IMCO Assembly resolutions ;
      – undertaking similar joint action with regard to the resolutions
         that have been or are to be prepared by the IMCO concerning the
         inspection of tankers provided for in the 1973 MARPOL Convention
         as amended by the 1978 Protocol , and the checking on board ship
         of crews' certificates .
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