Category Archives: M

Mediterranean package

Mediterranean package

Outline of the Community (European Union) legislation about Mediterranean package

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > General framework

Mediterranean package

Document or Iniciative

Council Regulation (EC) No 864/2004 of 29 April 2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the Common Agricultural Policy and establishing certain support schemes for farmers, and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union.

Summary

This Regulation, known as the “Mediterranean package”, supplements the major reform of the Common Agricultural Policy (CAP) of June 2003 with provisions relating to the integration of support for tobacco, hops, olive groves and cotton into the single payment scheme.

The Regulation establishes specific direct aid applicable to these sectors. This aid is granted on condition that farmers meet the cross-compliance requirements laid down by the 2003 reform.

Hops

Direct aid for hops has been decoupled from production since 1 January 2005 (except in countries which applied a transitional period until 31 December 2005). However, in order to deal with specific market situations or regional implications, Member States may retain a certain percentage of coupled aid (corresponding to a maximum of 25 % of their national ceiling *).

The reference amount for the calculation of the aid is EUR 480 per hectare for which aid was granted during the reference period 2000 to 2002.

The Regulation on the common organisation of the market in hops contains rules on marketing, producer groups and trade with third countries.

Cotton

Direct aid for cotton has been decoupled from production since 1 January 2006. However, in order to safeguard production in areas where cotton production would be liable to cease if decoupling were applied in full, Member States may retain a certain percentage of coupled aid (corresponding to a maximum of 35 % of the total amount of aid previously granted for cotton).

This aid is calculated according to the following table:

Maximum area (total)
440 000 hectares
Greece Spain Portugal
National base area

370 000 hectares

70 000 hectares

360 hectares

Aid in euros per eligible hectare

300 000 hectares at EUR 594 per hectare
70 000 hectares at EUR 342.85 per hectare

EUR 1 039 per hectare

EUR 556 per hectare

The “approved inter-branch organisations” in the cotton sector are encouraged to participate in the management of area aid for their members (fixing a scale).

Following the cancellation by the Court of Justice of the European Communities of the 2004 reform in September 2006, the current regulations governing the cotton sector will be replaced in the near future. In response to a very wide-ranging public consultation, stakeholders and the general public submitted contributions with a view to drawing up a new proposal for reform.

Olive oil

Support for the olive oil sector has been decoupled from production since 1 January 2006. However, for the upkeep of olive groves of environmental or social value, area aid (corresponding to a maximum of 40 % of the aid previously granted) is granted for olive groves recorded in the geographical information system *.

Only Spain decided to apply coupled aid for olive groves, amounting to EUR 103.14 million per annum.

Member States may assign no more than 10 % of their national envelope for olive oil to measures to improve quality.

The Regulation on the common organisation of the market in olive oil and table olives regulates the internal market and trade in these products with third countries.

Tobacco

Direct aid for tobacco will be fully decoupled from production from 2010. However, in order to protect local economies and to allow the market price to adjust to the new conditions, Member States may maintain a certain percentage of coupled aid (corresponding to a maximum of 60 % of the aid previously granted) for the four years up to 2010.

During this period, and depending on the choice made by the Member States concerned, the maximum amounts of this aid are as follows:

2006-2009
(EUR million)
Germany

21.287

Spain 70.599
France 48.217
Italy (apart from Puglia) 189.366
Portugal 8.468

A proportion of this production aid (set at 5 % in 2007) is transferred to the Community Tobacco Fund, which finances research and information programmes on the harmful effects of tobacco consumption.

From 2011, half the aid granted annually for tobacco between 2000 and 2002 (estimated at EUR 484 million) will be transferred for restructuring the tobacco-producing regions under rural development programmes financed under the European Agricultural Guidance and Guarantee Fund, EAGGF.

The Regulation on the common organisation of the market in tobacco regulates production orientation and trade with third countries.

Background

The “Mediterranean products” reform is based on the Commission communication to the Council and the European Parliament entitled “Accomplishing a sustainable agricultural model for Europe through the reformed CAP – the tobacco, olive oil, cotton and sugar sectors “. For hops, the reform is based on the report from the Commission to the Council on evolution of the hop sector .

Key terms used in the act
  • National ceiling: maximum amount which each State may allocate to direct aid payments.
  • Geographical information system: a computerised tool organising geographical data and providing a realistic representation of the spatial environment.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 864/2004 1.5.2004 OJ L 161 of 30.4.2004

Resources

See Also

Media Mundus audiovisual cooperation programme with professionals from third countries 2011-2013

Media Mundus audiovisual cooperation programme with professionals from third countries 2011-2013

Outline of the Community (European Union) legislation about Media Mundus audiovisual cooperation programme with professionals from third countries 2011-2013

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Media Mundus audiovisual cooperation programme with professionals from third countries 2011-2013

Document or Iniciative

Decision No 1041/2009/EC of the European Parliament and of the Council of 21 October 2009 establishing an audiovisual cooperation programme with professionals from third countries (MEDIA Mundus).

Summary

This Decision aims at establishing the programme MEDIA Mundus for the funding of projects for international cooperation with professionals from third countries in the audiovisual sector during the period 2011-2013.

Scope

The programme is intended for professionals worldwide. However, the project coordinator must be resident in one of the following countries:

  • Member States;
  • EFTA States that are members of the EEA;
  • countries which declare a willingness to be members of the programme and pay a contribution calculated on the same basis as their contribution to the MEDIA 2007 programme.

What are the conditions for participation in the programme?

Projects proposed must fulfil the following conditions:

  • be carried out jointly by European and third-country professionals;
  • have a minimum of three partners with a view to creating an international network;
  • be coordinated by a European professional and include at least one partner from a third country.

What are the objectives of the programme?

The programme aims to increase the diversity and competitiveness of the European audiovisual industry and to promote Europe’s role in culture.

Information exchange, training and market intelligence

Under the programme, European and third-country professionals meet in order to enhance their understanding of their respective audiovisual markets, particularly in terms of operating conditions, legal frameworks, financing systems and possibilities for cooperation.

It involves establishing professional training on:

  • the conditions of production, co-production, distribution and the exhibition and dissemination of audiovisual works internationally;
  • the inclusion of new technologies throughout the value chain (production, post-production, distribution, marketing and archiving).

Competitiveness and distribution

The introduction of the programme should facilitate the search for foreign partners for European audiovisual works, whilst supporting the organisation of co-production markets.

Moreover, the programme should promote international sales of audiovisual works.

Distribution

At this level, the programme should:

  • improve the programming and exhibition conditions of audiovisual works in European and third-country cinemas;
  • improve broadcasting and distribution conditions for third countries’ audiovisual works on European distribution channels and European works on international distribution channels;
  • facilitate the organisation of events and initiatives, in particular aimed at young audiences.

What is the programme budget?

The financial allocation for implementing the programme throughout the 2011-2013 period is EUR 15 million (of which 13.5 million is dedicated to supporting projects).

Context

Prompted by the effects of the digital revolution on the conditions of production and dissemination of works, the audiovisual sector has changed significantly over the last 20 years, in particular from a technical standpoint. Furthermore, its international role is increasing with regard to the protection of cultural diversity. In this context, the public consultation on MEDIA Mundus demonstrated a willingness among European professionals and their third-country counterparts to cooperate so as to better promote the circulation of audiovisual works and film literacy.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Decision No 1041/2009/EC

24.11.2009

OJ L 288 of 4.11.2009

Related Acts

Council Decision 2010/478/EU of 26 July 2010 concerning the conclusion of an Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, and a Final Act [OJ L 234, 4.9.2010].

Marketing of feed

Marketing of feed

Outline of the Community (European Union) legislation about Marketing of feed

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal nutrition

Marketing of feed

Document or Iniciative

Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC.

Summary

This Regulation lays down rules on the placing on the market and use of feed for food-producing animals or pets. It also lays down labelling, packaging and presentation requirements.

Feed

This Regulation covers feed, i.e. any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals.

It applies without prejudice to provisions in the field of animal nutrition concerning:

  • medicated feedingstuffs;
  • undesirable substances;
  • transmissible spongiform encephalopathies;
  • animal by-products not intended for human consumption;
  • genetically modified food and feed;
  • the traceability and labelling of genetically modified organisms (GMOs);
  • additives; and
  • the production and labelling of organic products.

Marketing and use

Animal feed shall comply with safety and marketing requirements. In particular, it shall:

  • be safe;
  • not have a direct adverse effect on the environment or animal welfare;
  • be sound, genuine, unadulterated, fit for purpose and of merchantable quality;
  • be labelled, packaged and presented in accordance with the applicable legislation; and
  • comply with the technical provisions on impurities and other chemical determinants (see Annex I to the Regulation).

Feed shall not contain materials whose placing on the market or use is restricted or prohibited (see Annex III to the Regulation).

The traceability of feed shall be guaranteed at all stages of production, processing and distribution. Feed business operators must therefore be capable of identifying any person who has provided them with feed, a food-producing animal or any substance intended or likely to be incorporated into feed.

Feed which is or is likely to be placed on the market in the European Community shall be labelled or identified appropriately in order to facilitate its traceability.

If the feed business operator considers that a feed does not meet the feed safety requirements, it shall immediately initiate the procedures for withdrawing the feed in question from the market. It shall then inform the competent authorities and users without delay.

Labelling and presentation

This Regulation establishes general provisions for the labelling and presentation of all feed, such as the obligation to indicate:

  • the type of feed;
  • the name and address of the operator;
  • the batch or lot reference number;
  • the net weight;
  • the list of additives used; and
  • the moisture content.

The labelling and presentation of feed must not mislead the user concerning the intended use or characteristics of the feed. The mandatory labelling particulars shall be clearly visible on the packaging, the container, on a label attached thereto or on the document accompanying the feed. The particulars shall be clearly legible and indelible. They shall be given in at least one of the official languages of the Member State or region in which the feed is marketed.

Specific labelling requirements are laid down for feed materials, compound feed and “dietetic” feed. All claims relating to feed must be duly justified.

The labelling of pet food shall include a telephone number for customers wishing to know more about the ingredients used.

Packaging

Feed materials and compound feed shall be placed on the market in sealed packages and containers.

However, certain feed may be placed on the market in bulk or in unsealed packages or containers. This derogation concerns:

  • feed materials;
  • mixtures of grain and whole fruit;
  • deliveries between producers of compound feed;
  • compound feed delivered by the producer to the user or packaging firms;
  • quantities of compound feed not exceeding 50 kilograms in weight which are intended for the final user and are taken directly from a sealed package or container; and
  • blocks or licks.

Community Catalogue of feed materials

The Community Catalogue of feed materials is intended to improve the labelling of feed materials and compound feed. For each material listed, it includes the following particulars:

  • the name;
  • the identification number;
  • a description (including information on the manufacturing process); and
  • a glossary of definitions.

Community Codes of good labelling practice

Stakeholders are also encouraged to create Community Codes of exemplary practice in the context of optional labelling: one for pet food and one for compound feed for food-producing animals.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 767/2009

21.9.2009

OJ L 229 of 1.9.2009

Subsequent amendments and corrections to Regulation (EC) No 767/2009 have been incorporated in the basic text. This consolidated versionhas a purely documentary value”.

DEROGATION FROM THE ACT

Regulation (EU) No 454/2010 [Official Journal L 128 du 27.5.2010].
Feed intended for pet animals which is labelled in accordance with Directive 79/373/EEC and Article 16 of Directive 70/524/EEC may be placed on the market until 31 August 2011.

Related Acts

Commission Regulation (EU) No 242/2010 of 19 March 2010 creating the Catalogue of feed materials [Official Journal L 77 of 24.3.2010].

Monitoring of zoonoses and zoonotic agents

Monitoring of zoonoses and zoonotic agents

Outline of the Community (European Union) legislation about Monitoring of zoonoses and zoonotic agents

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal health

Monitoring of zoonoses and zoonotic agents

Document or Iniciative

Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC [See amending act(s)].

Summary

The European Union is stepping up monitoring of zoonoses *, zoonotic agents * and related antimicrobial resistance. It has laid down minimum requirements applicable in the Member States to reinforce their existing monitoring systems, through which they collect, analyse and disseminate data on these phenomena with a view to identifying and characterising hazards, assessing exposure and defining the associated risks.

Increased monitoring of zoonoses and antimicrobial resistance

The Member States are responsible for establishing and maintaining monitoring systems. Monitoring is at the level of primary production * or other stages of the food chain, including in feed and food.

As a priority, the monitoring concerns the following zoonoses: brucellosis, campylobacteriosis, echinococcosis, listeriosis, salmonellosis, trichinellosis, tuberculosis due to Mycobacterium bovis, verotoxigenic Escherichia coli.

The monitoring also concerns, depending on the epidemiological situation, viral zoonoses (calicivirus, hepatitis A virus, influenza virus, rabies, viruses transmitted by arthropods), bacterial zoonoses (borreliosis, botulism, leptospirosis, psittacosis, tuberculosis other than that specified above, vibriosis, yersiniosis and agents thereof), parasitic zoonoses (anisakiasis, cryptosporidiosis, cysticercosis and toxoplasmosis), etc.

The monitoring methods specify:

  • the animal population or subpopulations and stages in the food chain to be covered by monitoring;
  • the nature and type of data to be collected;
  • sampling schemes and the methods of analysis to be used;
  • frequency of reporting of diseases or risks.

In some cases, data collected through routine monitoring are insufficient. Coordinated monitoring programmes for one or more zoonoses may prove necessary in order to assess specific risks or establish base-line values.

Member States are responsible for ensuring that monitoring provides comparable data on the occurrence of antimicrobial resistance in zoonotic and, where necessary, other important agents. Resistance means the ability of a microorganism to survive or to grow in a given concentration of an antimicrobial agent that is usually sufficient to inhibit or kill microorganisms of that species. Monitoring of antimicrobial resistance will supplement the monitoring of human isolates conducted in accordance with Decision No 2119/98/EC setting up a network for the epidemiological surveillance and control of communicable diseases in the Community.

Investigating food-borne outbreaks

The competent authorities in the Member States will investigate food-borne outbreaks, gathering data on the epidemiological profile, the foodstuffs potentially implicated and the potential causes. The competent authorities will submit an annual report to the Commission on the results of the investigations, which will be forwarded to the European Food Safety Authority (EFSA).

Facilitating information exchange

The exchange of information is necessary to obtain exhaustive and comparable data at European level. In each Member State one or more competent authorities cooperate with the authorities responsible for animal health, feed and food hygiene. Community and national reference laboratories are also designated.

Member States will assess trends and sources of zoonoses, zoonotic agents and antimicrobial resistance and submit a report to the Commission by the end of May each year. The Commission will forward these reports to the EFSA, which will examine them and publish a summary report by the end of November each year.

Key terms of the Act
  • Zoonosis: any disease and/or infection which is naturally transmissible directly or indirectly between animals and humans.
  • Zoonotic agent: any virus, bacterium, fungus, parasite or other biological entity which is likely to cause a zoonosis.
  • Primary production: the production, breeding or cultivation of primary products, including the rearing, processing and production of farm animals before slaughter. It also covers the hunting, fishing and harvesting of wild products.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2003/99/EC

12.12.2003

12.04.2004

OJ L 325, 12.12.2003

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2006/104/EC

1.1.2007

1.1.2007

OJ L 363, 20.12.2006

Regulation (EC) No 219/2009

20.4.2009

OJ L 87, 31.3.2009

The successive amendments and corrections to Directive 2003/99/EC have been incorporated into the original text. This consolidated versionis of documentary value only.

Related Acts

Commission Decision 2007/407/EC of 12 June 2007 on a harmonised monitoring of antimicrobial resistance in Salmonella in poultry and pigs [Official Journal L 153 of 14.6.2007].

Commission Decision 2004/564/EC of 20 July 2004 concerning Community reference laboratories for the epidemiology of zoonoses and for salmonella and national reference laboratories for salmonella [Official Journal L 251 of 27.72004].

Mobility of young volunteers

Mobility of young volunteers

Outline of the Community (European Union) legislation about Mobility of young volunteers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Mobility of young volunteers

Document or Iniciative

Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union [Official Journal C 319 of 13.12.2008].

Summary

This recommendation establishes a framework of cooperation for Member States, based on which the cross-border mobility of young volunteers may be strengthened. It does so with due respect to the diversity of the national volunteering schemes.

The Council has defined cross-border voluntary activities as: “open to all young people, undertaken by their own free will in the general interest, for a sustained period, within a clear framework and in a country other than the country of residence, unpaid or with token payment and/or coverage of expenses”. Voluntary activities provide a non-formal educational and informal learning experience through which young people may develop their professional and social skills and competences. Thereby, these activities enhance their employability and active citizenship, while benefiting local communities and fostering social cohesion.

With this recommendation, the Council is encouraging Member States to strengthen cooperation among voluntary organisations and public authorities involved in organising voluntary activities, in order to promote the mobility of young volunteers within Europe. To this end, Member States should take action to:

  • promote the dissemination of information on national voluntary activities;
  • facilitate stakeholders’ access to information regarding cross-border voluntary activities and provide information on rights and opportunities thereof;
  • facilitate young volunteers’ access to cross-border voluntary activities, in particular by simplifying the procedures;
  • develop opportunities for cross-border voluntary activities through a flexible approach, taking into consideration such issues as hosting capacities, establishment of contacts among volunteers, use of European mobility mechanisms, mobility of youth workers and training of those active in youth work;
  • promote the development of intercultural competences and the learning of languages as means to facilitate cross-border mobility;
  • support the development of self-assessment tools with which voluntary organisations may guarantee the quality of their cross-border activities;
  • exchange information and cooperate with each other in order to assure the social and legal protection of volunteers;
  • promote the recognition of volunteers’ learning outcomes through the use of national and European level qualification instruments;
  • promote the participation of young people with fewer opportunities in cross-border voluntary activities.

The Commission is committed to support Member States’ actions relating to the above. It will do this through the EU cooperation framework in the youth field, the open method of coordination as well as the European Voluntary Service (EVS), as contained in the youth in action programme. The Commission will develop opportunities for voluntary organisations to exchange information and experience on cross-border cooperation. In addition, it will establish a European Youth Volunteer Portal to disseminate information to all stakeholders.

Background

The common objectives for young people’s voluntary activities and their implementation at national level were identified in the Resolution of 15 November 2004 on common objectives for voluntary activities of young people and in its implementing resolution of 16 November 2007. These also requested that Member States develop means to measures progress in practice. The 2007 resolution further requested the Commission to propose additional ways to promote and recognise young people’s voluntary activities.

Maritime safety: marine equipment

Maritime safety: marine equipment

Outline of the Community (European Union) legislation about Maritime safety: marine equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime safety: marine equipment

Document or Iniciative

Council Directive 96/98/EC of 20 December 1996 on marine equipment [See amending acts].

Summary

This Directive applies to equipment (Annex A) * for use:

  • on board a new European * ship, even if it was constructed outside of the EU;
  • on an existing European ship in order to replace equipment or to install additional equipment.

This Directive does not concern equipment placed on board a ship before its entry into force.

Conformity assessment

Member States appoint bodies responsible for assessing conformity of marine equipment (Annex B). This assessment aims at:

  • ensuring the quality of equipment before being placed on the market;
  • checking marine equipment when issuing or renewing the safety certificate.

Equipment conforming to European standards must bear a mark.

Where a vessel, which is to be transferred to the register of a Member State is not registered in the EU, that State carries out an inspection in order to establish the actual condition of the equipment and whether it complies with European standards.

Non-compliant equipment

If a piece of equipment may compromise the health and/or safety of the crew or passengers, or to damage the marine environment, the Member State responsible shall withdraw it from the market, prohibit or restrict its use.

Testing standards

Certain types of marine equipment require international testing standards to be adopted. In cases where international organisations do not adopt the standards within a reasonable timescale, the standards of European standardisation organisations may be applied.

Key terms
  • Marine equipment: any article which could be used on board a vessel, voluntarily or in accordance with international rules, and for which the administration of the flag State must give its authorisation. In particular, this relates to life saving, fire protection, navigation and radiocommunication equipment.
  • European vessel: any vessel for which safety certificates are issued by EU Member States or in their name.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 96/98/EC

1.1.1999

30.6.1998

OJ L 46, 17.2.1997

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 98/85/EC

28.11.1998

30.4.1999

OJ L 315, 25.11.1998

Directive 2002/84/EC

29.11.2002

23.11.2003

OJ L 324, 29.11.2002

Directive 2008/67/EC

21.7.2008

21.7.2008

OJ L 171, 1.7.2008

Regulation (EC) 596/2009

7.8.2009

OJ L 188, 18.7.2009

Successive amendments and corrections to Directive 96/98/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC [COM (2012) 772 final – Not published in the Official Journal].

Maritime safety: International Safety Management Code

Maritime safety: International Safety Management Code

Outline of the Community (European Union) legislation about Maritime safety: International Safety Management Code

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime safety: International Safety Management (ISM) Code

Document or Iniciative

Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (Text with EEA relevance) [Official Journal L 64, 4.3.2006].

Summary

Implementation

The Regulation ensures that the Code is implemented correctly, strictly and uniformly in all the Member States in order to enhance safety management and safe operation and to prevent pollution. It applies to:

  • cargo ships flying the flag of a Member State;
  • passenger ships flying the flag of a Member State and engaged on national or international voyages;
  • cargo ships engaged on domestic voyages, whatever their flag;
  • mobile offshore drilling units operating under the authority of a Member State.

The Regulation does not apply to:

  • warships or troopships owned by a Member State and used only on government non-commercial service;
  • ships not propelled by mechanical means, wooden ships of primitive build, yachts and pleasure craft, unless they are carrying more than 12 passengers for commercial purposes;
  • fishing vessels;
  • cargo ships and mobile offshore drilling units of less than 500 gross tonnage;
  • passenger ships, other than ro-ro passenger ferries, in sea areas of Class C and D as defined in Article 4 of Directive 98/18/EC.

Certification and verification

Member States must comply with the provisions in Part B of the ISM Code and Title II of the Annex to the Regulation.

Derogations

If a Member State considers it difficult in practice for certain companies to comply with certain requirements of the ISM Code, it may derogate from these provisions by imposing equivalent measures. It may also establish alternative certification and verification procedures. It must then inform the Commission thereof.

Penalties

Member States must establish a system of effective, proportionate and dissuasive penalties for failure to comply with national provisions adopted pursuant to the Regulation.

Reports

Member States must report to the Commission every two years on the implementation of the ISM Code. The Commission must use these reports to compile a consolidated report addressed to the European Parliament and the Council.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 336/2006 24.3.2006 OJ L 64, 4.3.2006

Related Acts

Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships [OJ L 324, 29.11.2002].

Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships [OJ L 144, 15.05.1998].

Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) [Official Journal L 157, 7.7.1995].

Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations [OJ L 319, 12.12.1994].

Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

Outline of the Community (European Union) legislation about Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers

Document or Iniciative

Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers [Official Journal L 319 of 12.12.1994].

Summary

The aim of the Regulation is to encourage the use of oil tankers fitted with segregated ballast capacity by requiring the Community’s port and pilotage authorities either to apply the recommendations of Resolution A.747(18) or to permit a system of rebates on dues, such as that provided for in the said Resolution.

The Resolution invites governments to advise port authorities to apply to all tankers with segregated ballast tanks the recommendation of deducting the segregated ballast tank tonnage from the gross tonnage wherever their dues are based on the latter, and to advise pilotage authorities to act in accordance with the same recommendation.

The Regulation applies to oil tankers:

  • equipped with tanks especially designed to carry segregated ballast;
  • designed, built, adapted, equipped and operated as segregated ballast oil tankers, including double hull tankers of an alternative design;
  • meeting the requirements of the 1969 International Convention on Tonnage Measurement of Ships;
  • holding the International Tonnage Certificate (1969).

The Regulation requires the body issuing the International Tonnage Certificate (1969) to specify both the tonnage of the segregated ballast tanks of the vessel concerned – as calculated in accordance with the method set out in Annex I to the Regulation – and the reduced gross tonnage of the vessel.

Where port authorities base the dues payable by an oil tanker on its gross tonnage, they must, in accordance with the provisions of Resolution A.747(18), deduct the tonnage of the segregated ballast tanks from the vessel’s gross tonnage so that their calculations are based on the resulting reduced gross tonnage. Dues thus calculated must be at least 17% lower than those for an oil tanker of the same gross tonnage but without segregated ballast tanks.

Alternatively, the said authorities may assess dues on a basis other than that of gross tonnage as long as the dues are no less favourable than they would have been if calculated by the above method.

The Regulation establishes an advisory committee comprised of Member State representatives and chaired by a Commission representative.

Regulation (EC) No 417/2002

This Regulation generalises the ban on single hull oil tankers, introducing a schedule for their gradual withdrawal in line with the new international arrangements introduced by the Marpol 73/78 Convention (International Convention for the Prevention of Pollution from Ships). The new deadlines are:

– 2007 for Category 1 oil tankers delivered in 1981 or later;

– 2015 for Category 2 and 3 oil tankers delivered in 1989 or later.

The Regulation applies to oil tankers of 5 000 tonnes deadweight and above which fly the flag of a Member State or which, irrespective of their flag, enter into a port or offshore terminal under the jurisdiction of a Member State.

It does not apply to ships not used for commercial purposes, such as warships and naval auxiliaries.

Act

Date
of entry into force

Final date for implementation in the Member States

Regulation (EC) No 2978/94

01.01.1996

31.12.1995

Regulation (EC) No 417/2002

27.03.2002

01.09.2002

Related Acts

Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships [Official Journal L 324 of 29.11.2002].

Maritime security: Ship and port facility security

Maritime security: Ship and port facility security

Outline of the Community (European Union) legislation about Maritime security: Ship and port facility security

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime security: Ship and port facility security

Document or Iniciative

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security [See amending act(s)].

Summary

The main objective of this regulation is to implement European Union (EU) measures aimed at enhancing the security of ships and port facilities in the face of threats of intentional unlawful acts.

The regulation is intended to provide a basis for the harmonised interpretation and implementation and EU monitoring of the special measures to enhance maritime security adopted by the Diplomatic Conference of the International Maritime Organisation (IMO) in 2002, which amended the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and established the International Ship and Port Facility Security Code (ISPS Code).

The amendments to the SOLAS Convention and Part A of the ISPS Code are mandatory, but subject to interpretation. Part B of the Code consists of recommendations which the EU countries are called on to implement.

This regulation contains preventive measures and transposes the part of the SOLAS Convention on special measures to enhance maritime security and, at the same time, the ISPS Code, two of the cornerstones of maritime security at world level.

EU countries are required to communicate to the IMO, the Commission and the other EU countries the information requested and the special measures adopted to enhance maritime security under the SOLAS Convention.

Alongside this, each EU country must draw up the list of port facilities concerned on the basis of the port facility security assessments carried out and establish the scope of the measures taken to enhance maritime security. This list must be communicated to the other EU countries and to the Commission by 1 July 2004 at the latest.

EU countries must vigorously monitor compliance with the security rules by ships intending to enter an EU port, whatever their origin.

Security checks in the port may be carried out by the competent maritime security authorities of the EU countries, but also, as regards the international ship security certificate, by inspectors acting in the framework of port State control, as provided for in Directive 95/21/EC.

When a ship announces its intention to enter a port in an EU country, the competent maritime security authority of that country should demand that the information be provided at least 24 hours in advance or, if the voyage time is less than 24 hours, at the latest at the time the ship leaves the previous port or, if the port of call is not known, as soon as the port of call becomes known.

EU countries are required to designate a focal point for maritime security by 1 July 2004 at the latest. This authority should require each ship intending to enter port to provide, in advance, information concerning its international ship security certificate and the levels of safety at which it operates and has previously operated.

EU countries are required to apply the new security measures to international shipping and, by 1 July 2005, to Class A passenger ships operating domestic services.

After a security risk assessment, EU countries must decide the extent to which they will apply, by 1 July 2007, the provisions of this regulation to other categories of ships operating domestic services, their companies and the port facilities serving them.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 725/2004

19.5.2004

OJ L 129 of 29.4.2004

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 219/2009

20.4.2009

OJ L 87 of 31.3.2009

Related Acts

Commission Regulation (EC) No 324/2008 of 9 April 2008 laying down revised procedures for conducting Commission inspections in the field of maritime security [Official Journal L 98 of 10.4.2008].

The Commission carries out security inspections at port facilities and companies in EU countries. These inspections are prepared with assistance from the European Maritime Safety Agency and are conducted by inspectors from the EU countries. The Commission must send its inspection report within six weeks of the completion of an inspection. Such reports must detail the findings of the inspection and identify any non-conformity with Regulation (EC) No 725/2004 or Directive 2005/65/EC. They may also contain recommendations for corrective action. The EU country concerned must reply within three months, providing an action plan, specifying actions and deadlines, to remedy any identified shortcomings.

Maritime safety: compensation fund for oil pollution damage

Maritime safety: compensation fund for oil pollution damage

Outline of the Community (European Union) legislation about Maritime safety: compensation fund for oil pollution damage

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Maritime safety: compensation fund for oil pollution damage

Proposal

Proposal for a regulation of the European Parliament and of the Council on the establishment of a fund for the compensation of oil pollution damage in European waters and related measures [COM (2000) 802 final – Official Journal C 120 E, 24 April 2001].

Summary

Background

This proposal for a regulation forms part of the second package of Community measures on maritime safety. Following the sinking of the Erika, the Commission came to the conclusion that the existing liability and compensation arrangements failed to offer sufficient guarantees against oil pollution damage.

The objective of this proposal from the Commission is to set up a supplementary fund covering liability and compensation for pollution damage caused by oil tankers, designated COPE (Compensation for Oil Pollution in European waters fund), to pay compensation to the victims of oil spills in European waters.

The COPE Fund would top up the CLC (Convention on Liability of the Carrier) and IOPC (International Fund for Compensation for Oil Pollution Damage) systems in force at international level.

Content

The objective of this proposal is to ensure adequate compensation for pollution damage in EU waters resulting from the transport of oil by sea and to introduce a financial penalty to be imposed on any person found to have contributed to an oil pollution incident.

The proposed regulation would apply to safeguard measures to prevent or minimise such risks and to pollution damage caused:

  • in the territory, including the territorial sea, of a Member State;
  • in the exclusive economic zone of a Member State, established in accordance with international law;
  • if a Member State has not established such a zone, in an area beyond the territorial sea of that State and extending not more than 200 nautical miles.

A Fund for Compensation for Oil Pollution will be established to provide compensation to the extent that the protection afforded by the CLC Convention and the IOPC Convention is inadequate.

To this end, the COPE Fund will pay compensation to any person who is entitled to compensation for pollution damage under the IOPC Convention but who has been unable to obtain full and adequate compensation under that Convention.

No compensation will be paid by the COPE Fund until the Commission has approved the results of the relevant assessment of entitlement.

The Commission may decide not to pay compensation to any person in a contractual relationship with the carrier in respect of the operation during which the incident occurred.

Each Member State will be required to communicate to the Commission the name and address of any person who is liable to contribute to the COPE Fund. For the purposes of ascertaining who are liable to contribute to the COPE Fund and of establishing, where applicable, the quantities of oil to be taken into account for each such person, a list must be compiled and kept up to date by the Commission.

Member States will also have to lay down a system for imposing financial penalties on any person found by a court of law to have contributed, by wrongful intentional or grossly negligent acts or omissions, to an incident causing or threatening to cause oil pollution.

Three years after the entry into force of the regulation at the latest, the Commission will submit a report on the efforts made at international level to improve the international insurance and compensation arrangements.

Procedure

Codecision procedure (COD/2002/0326)

On 12 June 2002 the Commission adopted an amended proposal.
On 12 June 2002 the amended proposal was submitted to the European Parliament.