Directive 1993/75 - Minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods - Main contents

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Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods

Official Journal L 247 , 05/10/1993 P. 0019 - 0027

Finnish special edition: Chapter 3 Volume 52 P. 0219

Swedish special edition: Chapter 3 Volume 52 P. 0219

COUNCIL DIRECTIVE 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the volume of dangerous or polluting goods carried by sea has been growing unabated, increasing the risk of serious accidents which continue to occur;

Whereas it appears necessary to take all appropriate measures in order to avoid conditions likely to cause accidents of this type and to reduce the resulting damage when such accidents occur; whereas to that end minimum requirements must be observed by vessels bound for or leaving a Community port;

Whereas better information could contribute to prevention and minimization of accidents; whereas better information will also enable the relevant authorities to take the necessary precautions with regard to vessels carrying dangerous or polluting goods bound for or leaving Community ports;

Whereas, in accordance with the Solas and Marpol Conventions, information must be provided to the competent authorities about the nature and the location of the dangerous or polluting goods on board vessels;

Whereas some regular scheduled services may be exempted from providing such information;

Whereas, in order to reduce the accident risk, it is appropriate to stress certain navigation rules;

Whereas IMO Resolution A 648 (16) 'urges Member Governments to ensure that ship reporting systems and reporting requirements comply as closely as possible with the general principles specified in its Annex';

Whereas to that end the competent authorities should, in case of an incident or circumstance at sea posing a threat to their coastline or to related interests, receive from the master of the vessel immediate information as regards the incident and the presence of dangerous or polluting goods on board so as to permit those authorities to take all necesary measures;

Whereas, in addition, this Directive recalls what measures are available to Member States under international law;

Whereas the Solas and Marpol Conventions oblige vessels to inform the other vessels and the coastal authorities of danger for the vessel itself, for other vessels and for maritime navigation, as well as of actual or probable unpermitted or abnormal discharge of polluting goods; whereas it seems appropriate that the relevant authorities shall, as necessary, broadcast the information made available to them;

Whereas each Member State should make the necessary arrangements to use fully such information;

Whereas such exchange of information imposes an appropriate cooperation between authorities from all over the Community, shippers, operators of vessels, masters and pilots;

Whereas the implementation of the Directive may require some amendments which will be adopted by the Commission assisted by a committee or, in given circumtances, by the Council itself;

Whereas the Commission should produce new proposals to complete the sytem laid down by this Directive;

Whereas this Directive repeals Council Directive 79/116/EEC of 21 December 1978 concerning minimum requirements for certain tankers entering or leaving Community ports (4);

Whereas this Directive does not affect the right of Member States to impose additional...

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