CELEX: 51980PC0360
Language: en
Date: 1980-06-26
Title: Proposal for a Council Directive concerning the enforcement, in respect of shipping using Community ports, of international standards for shipping safety and pollution prevention

N o C 192/8                         Official Journal of the European Communities                              30. 7. 80
                                                           II
                                                    (Preparatory Acts)
                                             COMMISSION
              Proposal for a Council Directive concerning the enforcement, in respect of shipping using
              Community ports, of international standards for shipping safety and pollution prevention
                             (Submitted by the Commission to the Council on 2 July 1980)
THE COUNCIL OF THE EUROPEAN                                    Whereas for this purpose the Member States should
COMMUNITIES,                                                   identify sub-standard shipping using their ports,
                                                               inspect it and require deficiencies to be remedied;
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 84 (2) thereof,                                        Whereas the resources devoted to port state
                                                               enforcement in the Community should be increased
                                                               to an appropriate level;
Having regard to the proposal submitted by the
Commission,
                                                               Whereas the procedures provided for in this Directive
Having regard to the opinion of the European Par-              should be adopted as widely as possible in Europe,
liament,
Having regard to the opinion of the Economic and
Social Committee,
                                                               HAS ADOPTED THIS DIRECTIVE:
Whereas the Community is seriously concerned about
shipping casualties and pollution of the seas and
coastlines of the Member States, in particular by oil
coming from ships;                                                                      Article 1
Whereas the European Council, at its meetings on               This Directive requires the Member States to provide
7 and 8 April 1978 in Copenhagen and 6 and 7 July              for the identification and inspection of sub-standard
 1978 in Bremen, declared that the Community should            ships visiting their ports and the remedying of
make the prevention and combating of marine                    deficiencies.
pollution, particularly from hydrocarbons, a major
objective, and deemed it necessary to take further
measures to increase the safety of maritime traffic;                                    Article 2
Whereas the Community can make a particularly                   1.    For the purposes of this Directive:
useful contribution in securing a common approach
to the effective enforcement of the international
shipping safety and pollution prevention standards by           (a) 'Ship' means a ship to which one or more of the
the Member States in respect of shipping using their                relevant Conventions applies and which is
ports,    thereby    also   avoiding    distortions    of           registered in a State other than the Member State
competition;                                                        whose port it is visiting;
 ---pagebreak---  30. 7. 80                        Official Journal of the European Communities                               N o C 192/9
 (b) The 'relevant Conventions' are:                                                       Article 4
      International Convention for the Safety of Life at
                                                              1.     Subject to paragraph 2 of this Article, and
      Sea, 1974
                                                              without prejudice to the requirements of Council
      International Convention on Load Lines, 1966            Directive N o 7 9 / 1 1 6 / E E C of 21 December 1978, as
                                                              amended by Council Directive N o 7 9 / 1 0 3 4 / E E C of
      International Convention for the Prevention of          6 December 1979, as regards the tanker check-list,
      Pollution of the Sea by Oil, 1954 including the         Member States shall take the necessary steps to
      amendments adopted in 1962 and in 1969                  ensure that ships lodge with the appropriate auth-
      Convention on the International Regulations for         orities on each visit to one of their ports a
      Preventing Collisions at Sea, 1972.                     declaration, as reproduced at Annex 1 to this
                                                              Directive, giving information about the nature and,
                                                              where applicable, the expiry dates of the ship's and
 As soon as any of the following instruments enters
                                                              crew's certificates, certain other documents issued or
 into force, it shall be deemed to be a relevant
                                                              kept under the terms of the relevant Conventions,
 Convention:
                                                              and any certificate issued under Article 8 (2) of this
                                                              Directive.
 Protocol of 1978 Relating to the International
 Convention for the Safety of Life at Sea, 1974
                                                              2.     Where a ship
 International Convention for the Prevention of               (a) frequently visits the same port of a Member State;
 Pollution from Ships, 1973, as amended by the                     or
 Protocol of 1978 relating to that Convention
                                                              (b) visits more than one port of a particular Member
                                                                   State in the course of a single voyage,
 International Convention on Standards of Training,
 Certification and Watchkeeping for Seafarers, 1978           the Member State may arrange, in case (a), for the
                                                              declaration to be made at appropriate intervals and,
 Convention N o 147 concerning Minimum Standards              in case (b), for the declaration to be made only at the
 on Merchant Ships, adopted by the International              first port visited.
 Labour Conference in 1976.
                                                              3.     The documents referred to in paragraph 1 of
                                                              this Article shall be examined by the appropriate
 2.    When any amendment to one of the above                 authorities on board the ship to the extent that this is
 instruments enters into force, the instrument as so          necessary in the interests of shipping safety and
 amended shall be deemed to be the relevant                   pollution prevention.
 Convention for the purposes of this Directive, unless
 the Council decides otherwise on a proposal from the         4.     Member State authorities shall pay           special
 Commission.                                                  attention to the following categories of ship:
 3.    T h e Council may decide, on a proposal from           (a) passenger ships;
 the Commission, that part or all of any of the four          (b) oil, gas and chemical tankers and, among these,
 instruments last mentioned in paragraph 1 of this                 in particular to tankers 10 years old or above;
Article shall be deemed to be a relevant Convention
 for the purposes of this Directive before the                (c) dry cargo ships 15 years old or above and, among
 instrument has entered into force.                                these, in particular to smaller ships.
 4.    The Council shall decide, on a proposal from
 the Commission, whether any future international
 instrument concerning shipping safety or pollution                                        Article 5
 prevention shall be deemed to be a relevant
 Convention for the purposes of this Directive.               The following requirements of Council Directive
                                                              N o 7 9 / 1 1 6 / E E C in relation to certain tankers are
                                                              hereby extended to the other ships to which the
                                                              present Directive applies:
                        Article 3                             (a) the requirement in Article 1 (1) (B) (i) of Council
                                                                   Directive 7 9 / 1 1 6 / E E C that Member States shall
A ship to which a relevant Convention would have                   take the necessary steps to ensure that certain
applied if its country of registry were a Contracting              tankers entering or leaving the seaports of their
Party shall not be treated more favourably as regards              territory shall, while traversing the territorial
the matters to which this Directive applies.                       waters adjacent to the port of entry or departure,
 ---pagebreak--- N o C 192/10                             Official Journal of the European Communities                              30. 7. 80
      inform the competent authorities of the Member             ship can, subject to any necessary conditions, proceed
     State of any deficiencies or incidents whith may            to sea without risk to the safety and health of pass-
     decrease the normal safe manoeuvrability of the             engers or crew or risk to other shipping and without
     vessel, affect the safety and easy flow of traffic or       threatening harm to the marine environment.
     constitute a hazard to the marine environment
     and adjacent areas;                                         2.    The following are examples of deficiencies
                                                                 which, singly or together, may justify detaining a
 (b) the requirement in Article 1 (2) of Council                 ship:
     Directive 7 9 / 1 1 6 / E E C that Member States shall
     take the necessary steps to ensure that where a             (a) deficient life-saving appliances;
     pilot learns that there are any deficiencies which
     may prejudice the safe navigation of the vessel, he         (b) deficient fire-fighting equipment;
     shall report these immediately to the competent
     authority of the Member State concerned.                    (c) deficient nautical equipment;
                                                                 (d) deficient boarding equipment;
                                                                 (e) overloading;
                                                                 (f) crew too small or insufficiently qualified.
                             Article 6
 1.    Whenever the appropriate authorities of a
Member State find that the ship's or crew's certifi-
cates are missing or invalid, or have clear grounds for                                   Article 8
believing that the condition of the ship or of its
equipment or the crewin^ arrangements do not                     1.    T h e Council shall decide, on a proposal from
correspond substantially with the particulars of a               the Commission, on the establishment in the
certificate or the requirements of a relevant                    Community of a shipping information system
Convention, they shall inspect the ship or examine the           designed to supply the Member States, in respect of
crewing and watchkeeping arrangements, as the case               ships approaching their ports, with up-to-date infor-
may be.                                                          mation relevant to shipping safety and pollution
                                                                 prevention. Pending the establishment of this system
                                                                 the procedures in paragraphs 2 and 3 of this Article
2.     Examples of 'clear grounds' as referred to in             shall apply.
paragraph 1 of this Article are listed at Annex 2 to
this Directive. This list may be amended from time to
                                                                 2.    Where an inspection has taken place in
time by the Commission, after consulting the Member
                                                                 accordance with Articles 6 and 7 of this Directive, the
States, in order to take account of changes in inter-
                                                                 authorities of the Member State concerned shall,
national shipping safety and pollution prevention
                                                                 before the ship leaves port, deliver to the ship's
standards.
                                                                 master, for retention on board, a certificate certifying
                                                                 that, as the case may be,
3.     A Member State requested by another Member
                                                                 (a) no deficiencies were found;
State to make an investigation relating to a violation
or suspected violation of the provisions of a relevant
                                                                 (b) specified deficiencies were found and rectified;
Convention shall comply with the request.
                                                                 (c) specified deficiencies were found but not or not
                                                                     fully rectified.
                                                                 In case (c) the certificate shall state the conditions on
                            Article 7                            which the ship was allowed to leave port.
1.     Whenever the inspection or examination                    3.    In cases (b) and (c), a copy of the certificate
referred to in Article 6 of this Directive confirms or           shall be forwarded to the owner and the flag State
reveals deficiencies in relation to the requirements of          concerned. In case (c) the information contained in
a relevant Convention, the matter shall be followed              the certificate shall be forwarded by telex to all other
up and dealt with in accordance with the provisions              Member States which the ship is expected to visit.
of the Conventions, including in particular the
provisions relating to detention until the deficiencies          4.    The Commission shall establish, after consul-
have been remedied or until the responsible auth-                tation with the Member States, a model for the certi-
orities of the Member State have determined that the             ficates referred to in paragraph 2.
 ---pagebreak--- 30. 7. 80                        Official Journal of the European Communities                         N o C 192/11
                         Article 9                           — undertake port State enforcement work as agents
                                                                  of the Member State Concerned; or
1.     Member States shall levy a fee on the owner or        — act on behalf of the Member State as flag State in
operator of a ship which has been inspected in                    order to release Government inspectors for port
accordance with this Directive and on which                       State enforcement work.
deficiencies justifying detention have been found. The
total of fees levied shall cover the total costs of the
                                                             3.     Member States shall assist one another in all
inspections in any normal accounting period.
                                                             possible ways in applying the provisions which they
                                                             adopt for the implementation of this Directive. They
2.    The penalties specified under the law of a             shall regulary review together with the Commission
Member State for violations of the provisions of the         the functioning of these provisions, and for this
relevant Conventions shall be adequate in severity to        purpose they shall supply to the Commission returns
discourage violations thereof.                               on their enforcement activity in a form and at
                                                             intervals to be defined by the Commission after
                                                             consultation with them.
                         Article 10
 1.   The Member States shall adopt, after consulting
the Commission and before [1 January 1982], the                                      Article 11
laws, regulations and administrative provisions
necessary to implement this Directive. They shall            The Council shall, on a proposal from the
inform the Commission and the other Member States             Commission, authorize the latter to open negotiations
of the measures taken.                                        with non-Member States in Europe with a view to
                                                              their adopting equivalent port State enforcement
2.     In implementing this Directive the Member              procedures.
States shall regularly examine to what extent, in order
to assist them to achieve its objectives, arrangements
could be made with classification societies established
in the Community and members of the European                                         Article 12
Association of Classification Societies, under which
the societies or their staff would:                           This Directive is addressed to the Member States.
 ---pagebreak--- N o C 192/12                             Official Journal of the European Communities                          30. 7. 80
                                                               ANNEX 1
                       DECLARATION REFERRED TO IN ARTICLE 4 (1) OF THE DIRECTIVE
                            DECLARATION ON CERTIFICATES AND OTHER DOCUMENTS
            A. Vessel identification
               Name of vessel               Owner/operator                Year built        Place of berthing
                                            Agent                        Gross tonnage      Date of berthing
               Flag                         Call sign
               Port of registry
               Kind of ship                 Length overall
               Classification society
               Class notation               Hull                         Machinery
               Propulsion machinery         Output
               Draught: forward             amidships                    aft
               Kind of cargo
            B. Safety certificates and other documents
                                                                              Certificates/     Date of expiry
                                                                               documents
                                                                             valid on board
                                                                             yes        no
               Cargo ship safety construction certificate                    •          •
               Cargo ship safety equipment certificate                       •          •
               Cargo ship safety radiotelegraphy certificate                 •          •
               Cargo ship safety radiotelephony certificate                  •          •
               Load line certificate                                         •          •
               Classification certificate                                    •          •
               Oil liability certificate                                     •          •
               Oil record bookfilledin                                       •          •
               Nautical publications (up-to-date charts, notices to
               mariners etc) are on board for die intended voyage?           •          •
               Certificate issued under Article 8 (2) of Directive present
               onboard?                                                      •          •
               If yes, does certificate refer to deficiencies?               •          •
 ---pagebreak--- 30. 7. 80                       Official Journal of the European Communities                                        N o C 192/13
          C. Officers and ratings
                                                                            Certificate of competency (detailed
                                                                               description and serial number)
                                                                               Name, place, country of issuing
                                                      yes        no
          Master                                      •          •
             Chief mate                               •          •
             Second mate                              •          •
             Third mate                               •          •
          Chief engineer                              •          •
             First engineer officer                   •          •
             Second engineer officer                  •          •
             Third engineer officer                   •          •
          Radio officer                               •          •
          Total number of ratings                    Deck     Engine
                                                               room
          Deep-sea pilot taken aboard                 •          •
          Date                                       Signature of the master or, if he is indisposed, of die deputy
          (') Member States may decide to exclude from die declaration die part of section C relating to certificates
              of competency.
 ---pagebreak--- N o C 192/14                             Official Journal of the European Communities                                30. 7. 80
                                                           ANNEX      2
            The following are examples of 'clear grounds' as referred to in paragraph 1 of Article 6 of the
            Directive:
            (a) a report or complaint by the master, the pilot or any other person with a legitimate interest in
                the safe operation of the ship or the prevention of pollution by the ship, unless the responsible
                authorities have good reason to believe that the report of complaint is frivolous or malicious;
            (b) clear indications that
                   (i) one or more of the conditions mentioned in Article 7 (2) is present;
                  (ii) the ship is not in a seaworthy condition for its intended voyage;
                 (iii) the ship's capacity to manoeuvre is impaired;
                 (iv) dangerous cargo is being carried without the required safety provisions;
                  (v) there are significant inaccuracies or omissions in the declaration referred to in Article 4(1)
                       of this Directive or in the tanker check-list provided for in Council Directive 79/116/
                       EEC, as amended by Council Directive 79/1034/EEC;
                 (vi) the Oil Record Book has not been properly kept;
                (vii) the ship has improperly discharged harmful substances or effluents.
           (c) the ship has been permitted to sail with deficiencies not or not fully rectified (Article 8 (2),
                case (c)).