Category Archives: Transport

Transport is one of the European Union’s (EU) foremost common policies. It is governed by Title VI (Articles 90 to 100) of the Treaty on the Functioning of the European Union. Since the Rome Treaty’s entry into force in 1958, this policy has been focused on removing borders between Member States and thus contributing to the free movement of individuals and of goods. Its principal aims are to complete the internal market, ensure sustainable development, extend transport networks throughout Europe, maximise use of space, enhance safety and promote international cooperation. The Single Market signalled a veritable turning point in the common policy in the area of transport. Since the 2001 White Paper, which was revised in 2006, this policy area has been oriented towards harmoniously and simultaneously developing the different modes of transport, in particular with co-modality, which is a way of making use of each means of transport (ground, waterborne or aerial) to its best effect.

Bodies and objectives
General objectives of transport policy, agencies and bodies
Road transport
Carriage of goods, Carriage of passengers, Employment and working conditions, Road safety, Technical harmonisation of motor vehicles
Rail transport
Objectives and bodies, Internal market, Freight, Passenger rights, Employment and working conditions, Rail safety
Waterborne transport
Objectives and bodies, Internal market, Employment and working conditions, Maritime security, Maritime transport and the environment, Port infrastructures, Inland waterways navigation

Internal market, Supply of services and licensing, Passenger rights, Air safety, The ‘Single Sky’ and air traffic management, Environmental protection, International dimension
Transport, energy and the environment
Environmental protection, bio fuels and the reduction of emissions, prevention of marine pollution
Intermodality and trans-european networks
Intermodality, trans-European networks, infrastructure and tariffs
Mobility and passenger rights
Sustainable mobility, passenger rights
Intelligent transport and navigation by satellite
Intelligent transport systems, satellite navigation, European space policy
International dimension and enlargement
Cooperation with third countries, Candidate countries and Community acquis, 2004 Enlargement

Bodies and objectives

Leave a reply

Bodies and objectives

Outline of the Community (European Union) legislation about Bodies and objectives

Topics

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

Transport > Bodies and objectives

Bodies and objectives

European transport policy aims to reconcile the growing mobility needs of citizens with the requirements of sustainable development. In this regard, it is also related to the development of the internal market and the opening up of competition, to conditions for innovation and to the integration of transport networks. The issue of user safety and protection is also crucial for the transport sector. In addition, different European Union specialist agencies work towards achieving these objectives.

GENERAL OBJECTIVES OF TRANSPORT POLICIES

  • Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system
  • Green Paper: Towards a new culture for urban mobility
  • Keep Europe moving – Sustainable mobility for our continent. Mid-term review of the 2001 White Paper
  • White paper: European transport policy for 2010
  • Freight transport logistics in Europe
  • Cohesion and transport
  • Internalisation of external transport costs

AGENCIES AND BODIES

  • Trans-European Transport Network Executive Agency
  • European railway agency
  • European GNSS Agency
  • Accession to the Intergovernmental Organisation for International Carriage by Rail (OTIF)
  • Maritime safety: European Maritime Safety Agency
  • Civil aviation and the European Aviation Safety Agency
  • European Energy and Transport Forum

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Leave a reply

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Outline of the Community (European Union) legislation about Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Topics

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

Transport > Bodies and objectives

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Document or Iniciative

Commission White Paper of 28 March 2011: “Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system” [COM (2011) 144 final – Not published in the Official Journal].

Summary

In this White Paper, the Commission sets out to remove major barriers and bottlenecks in many key areas across the fields of transport infrastructure and investment, innovation and the internal market. The aim is to create a Single European Transport Area with more competition and a fully integrated transport network which links the different modes and allows for a profound shift in transport patterns for passengers and freight. To this purpose, the roadmap puts forward 40 concrete initiatives for the next decade, explained in detail in the Commission Staff Working Document accompanying the White Paper.

The White Paper shows how we can achieve the transformation of our transport system, keeping our objective to reduce CO2 emissions by 60 % by 2050 through:

  • developing and deploying new and sustainable fuels and propulsion systems;
  • optimising the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes;
  • increasing the efficiency of transport and of infrastructure use with information systems (including SESAR and Galileo) and market-based incentives (such as the application of “user pays” and “polluter pays” principles).

It also sets ten goals to guide policy and measure our progress inter alia on:

  • phasing out conventionally fuelled cars and trucks from cities by 2050;
  • shifting 30 % of medium and long distance road freight to other modes by 2030;
  • using cars for less than half of middle distance travel by 2050; or
  • halving road traffic deaths by 2020 and achieving near-zero casualties in road transport by 2050.

In order to implement the above goals, a genuine single European transport area needs to be established by eliminating all existing barriers between modes and national systems, easing the process of integration and facilitating the emergence of multinational and multimodal operators. A single European transport area would facilitate the movement of EU citizens and freight, reduce costs and improve the sustainability of EU transport. A transformation of the current European transport system will only be possible through a combination of initiatives at all levels and covering all transport modes.

In air transport, the initiatives include the completion of the Single European Sky, the deployment of the future European air traffic management system (SESAR), as well as revising the Slot Regulation to make more efficient use of airport capacity. In rail transport, the initiatives include the development of a Single European Railway Area, opening the domestic rail passengers market to competition, and establishing an integrated approach to freight corridor management. In maritime transport, the European Maritime Transport Space without Barriers should be further developed into a “Blue Belt” of free maritime movement both in and around Europe, with waterborne transport being used to its full potential. In road transport, the initiatives include the review of the market situation of road freight transport as well as the degree of convergence on road user charges, social and safety legislation, transposition and enforcement of legislation in EU countries.

The Commission also proposes initiatives concerning e-Freight, the EU approach to jobs and working conditions across transport modes, security of cargo and land transport. Proposed initiatives also aim to improve the safety in all transport modes, including civil aviation safety and the transport of dangerous goods.

Innovation is also paramount to this strategy and the EU recognises the need to promote the development and use of new technologies. The Commission therefore proposes a regulatory framework for innovative transport, including:

  • appropriate standards for CO2 emissions of vehicles in all transport modes;
  • vehicle standards for noise emission levels;
  • public procurement strategies to ensure rapid up take of new technologies;
  • rules on the interoperability of charging infrastructure for clean vehicles;
  • guidelines and standards for refuelling infrastructures.

One of the White Paper’s top priorities is to complete the trans-European transport network: TEN-T. This is essential for creating employment and economic growth because the network aims to provide a seamless chain linking all modes of transport – air, rail, road and sea.

Finally, to promote sustainable behaviour in EU transport, the White Paper puts forward the following initiatives:

  • promote awareness of alternative means of transport (walking, cycling, car sharing, park & ride, intelligent ticketing);
  • review and develop vehicle labelling for CO2 emissions and fuel efficiency;
  • encourage carbon footprint calculators, allowing better choices and easier marketing of cleaner transport solutions;
  • include eco-driving requirements in the future revisions of the driving licence directive;
  • consider reducing maximum speed limits of light commercial road vehicles, to decrease energy consumption and enhance road safety.

A strategy for better ship dismantling practices

Leave a reply

A strategy for better ship dismantling practices

Outline of the Community (European Union) legislation about A strategy for better ship dismantling practices

Topics

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

Transport > Waterborne transport

A strategy for better ship dismantling practices

Many decommissioned European ships end up on the beaches of South Asia where they are dismantled. The absence of environmental protection and safety measures results in a high rate of accidents, health risks and large-scale pollution affecting vast expanses of the coast. The strategy proposed to improve ship dismantling practices includes action aimed at contributing to the implemention of the main elements of an international convention on the recycling of ships which has just been adopted. It also provides for measures aimed at encouraging voluntary action by the maritime transport sector and better application of current Community legislation on waste shipments.

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 November 2008 – An EU strategy for better ship dismantling [COM(2008) 767 final – Not published in the Official Journal].

Summary

The European Union (EU) strategy gives effect to the 2007 Green Paper on better ship dismantling practices. This strategy should guarantee that ships with a strong link to the Union (in terms of flag or ownership) are dismantled only in safe and environmentally sound facilities, in line with the Hong Kong Convention developed by the International Maritime Organization (IMO) and adopted on 19 May 2009.

Such a strategy complies with Regulation (EC) No 1013/2006 on waste shipments which transposes the Basel Convention. It thus aims to prevent the export of hazardous end-of-life ships from the EU to developing countries, and to protect human health and the environment during dismantling operations, without creating unnecessary new economic burdens.

Main elements of the strategy proposed by the Commission

The EU strategy proposes a series of measures aimed at improving ship dismantling conditions as soon as possible, in particular during the interim period preceding the entry into force of the new IMO convention. The following measures are envisaged in particular:

  • start preparations to introduce measures on key elements of the new IMO convention, in particular concerning surveys, certification and the inventory of hazardous materials present on board ships;
  • encourage voluntary industry action through various measures, such as awards for exemplary “green” recycling activities, the publication of guidelines and a list of “clean” dismantling facilities.
  • provide technical assistance and support to developing countries for training programmes in safety and the establishment of basic infrastructure for environmental and health protection;
  • improve the application of current rules on waste shipments by intensifying controls in European ports, enhancing cooperation and exchange of information between European authorities and the establishment of a list of ships ready for scrapping.

The strategy also proposes that the Commission should examine the feasibility of the following measures:

  • establish auditing and certification of ship recycling facilities worldwide and evaluate how EU ships might be encouraged to use this scheme;
  • ensure that warships and other government vessels which do not come under the scope of the convention be subject to Community rules for their “clean” dismantling;
  • establish a mandatory international funding system for “clean” ship dismantling.

Context

The preparation of an EU strategy for environmentally sound ship dismantling practices is one of the elements of the Commission action plan on an integrated maritime policy for the European Union.

This Communication has the aim of encouraging debate and paving the way for the legislative proposal to be presented after the adoption of the Hong Kong Convention in May 2009.

Waterborne transport

Leave a reply

Waterborne transport

Outline of the Community (European Union) legislation about Waterborne transport

Topics

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

Transport > Waterborne transport

Waterborne transport

Waterborne transport covers maritime transport and inland navigation. The European Union encourages growth in maritime transport through a number of actions such as the modernisation of infrastructures or the harmonisation of equipment and procedures. Improving maritime safety and protecting the marine environment are also priorities.
The considerable potential of river transport has largely yet to be tapped. It offers the advantage of reducing the amount of traffic on roads. The EU is committed to breathing new life into the sector, particularly through the Naïades Action Programme.

OBJECTIVES AND BODIES

  • European maritime transport policy until 2018
  • Action plan for an integrated maritime policy
  • Programme for the promotion of short sea shipping
  • Maritime safety: European Maritime Safety Agency
  • Towards a European maritime transport space without barriers
  • Rights of passengers travelling by sea and inland waterway

INTERNAL MARKET

  • Freedom to supply services, competition, unfair pricing practices and free access to ocean trade
  • Freedom to provide maritime transport services
  • The insurance of shipowners for maritime claims
  • Freedom to provide services within the Member States (ocean trade)
  • Reporting formalities for ships
  • State aid to shipbuilding (I)
  • Maritime safety: registration of persons on board passenger ships
  • Transfer of cargo and passenger ships between registers within the EU
  • Statistical returns for carriage of goods and passengers by sea

PORT INFRASTRUCTURE

  • Port infrastructure: Green Paper
  • Port infrastructure: quality services in sea ports
  • Port facilities for ship-generated waste and cargo residues
  • LeaderSHIP 2015

EMPLOYMENT AND WORKING CONDITIONS

  • Strengthening of maritime labour standards
  • Organisation of seafarers’ working time
  • Organisation of hours of work on board ships using Community ports
  • Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas
  • Seafarer training and recruitment
  • Maritime safety: Minimum level of training of seafarers

MARITIME SAFETY

  • Maritime safety: port State control
  • Maritime safety: Loading and unloading of bulk carriers
  • Maritime safety: Committee on Safe Seas
  • Maritime safety: International Safety Management (ISM) Code
  • Maritime safety: Erika I package
  • Maritime safety: accelerated phasing-in of double-hull oil tankers
  • Maritime safety: organisations responsible for monitoring and inspecting vessels (recast)
  • Ship inspection and survey organisations: legal framework
  • Maritime safety: Erika II
  • Compliance with flag State requirements
  • Maritime safety: Community monitoring, control and information system for maritime traffic
  • Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers
  • Safety rules and standards for passenger ships
  • Maritime safety: system of mandatory surveys for regular ro-ro ferry and high-speed passenger craft services
  • Liability of carriers of passengers by sea in the event of accidents
  • Maritime safety: marine equipment
  • Satellite-based Vessel Monitoring System (VMS)

MARITIME TRANSPORT AND THE ENVIRONMENT

  • A strategy for better ship dismantling practices
  • Strategy to reduce atmospheric emissions from seagoing ships
  • Maritime safety: prohibition of organotin compounds on ships
  • Maritime safety: prevention of pollution from ships
  • Ship-source pollution and criminal penalties
  • Maritime safety: Bunkers Convention
  • Maritime safety: compensation fund for oil pollution damage

NAVIGATION OF INLAND WATERWAYS

  • Promotion of inland waterway transport “NAIADES”
  • Inland navigation: structural improvements
  • Inland navigation: Community-fleet capacity policy
  • Inland navigation: reciprocal recognition of national boatmasters’ certificates for inland waterway navigation
  • Inland navigation: non-resident carriers
  • Inland navigation: harmonisation of conditions for obtaining national boatmasters’ certificates
  • Inland navigation: transport of goods or passengers by inland waterway between Member States
  • Inland navigation: conditions attached to chartering and pricing
  • Inland waterways: River information services
  • Technical requirements for inland waterway vessels
  • Inland transport of dangerous goods

MARITIME SECURITY

  • Maritime security: Ship and port facility security
  • Port infrastructure: enhancing port security

Maritime safety: International Safety Management Code

Leave a reply

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].

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Leave a reply

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Outline of the Community (European Union) legislation about Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Topics

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

Transport > Waterborne transport

Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

Document or Iniciative

Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation [Official Journal L 322 of 12 November 1987].

Summary

Organisation of the transport market is necessary for the implementation of a common transport policy. Therefore, the measures intended to coordinate the conditions for access to the occupation of carrier are directed towards market integration, in the interest of users, carriers and the economy as a whole. This Directive is also likely to encourage the achievement of the free provision of services and the effective exercise of the right of establishment.

At the same time, the Directive allows for a degree of flexibility by allowing Member States to maintain or lay down rules governing the good repute and financial standing of the carrier. Carriers operating exclusively on navigable waterways on their territory not linked to the waterway network of another Member State may also be exempted from the Directive.

The Directive is based on the principle of mutual recognition of diplomas, certificates and other evidence of formal qualifications.

Scope

Access to the occupation of carrier of goods by waterway is governed by the Member States within the framework of the common rules as laid down in this Directive. The Directive does not apply to natural persons or undertakings pursuing the occupation of carrier of goods by waterway using vessels with a deadweight capacity at maximum draft not exceeding 200 tonnes. However, Member States may lower this limit for all or some transport operations or certain categories of transport.

Access to the occupation

Natural persons and undertakings must meet the condition of professional competence, which means possessing the competences recognised by the authority or body appointed to this end by each Member State in the areas listed in the annex. The authority will issue a certificate once it has verified possession of these competences (on the basis of a diploma, attendance at a course or sufficient practical experience). If the carrier no longer meets the conditions, the certificate may be withdrawn.

Key terms used in the act
Occupation of carrier of goods by waterway vessel: the activities engaged in by any natural person or any undertaking carrying goods by inland waterway for hire or reward, even if this occupation is not exercised on a regular basis,
Undertaking: companies or firms within the meaning of Article 58 of the Treaty and groups or cooperatives of operators whose purpose is to obtain business from shipping agents for distribution among their members, irrespective of whether such groups or cooperatives possess legal personality.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 87/540/EEC 30.6.1988 30.6.1988 OJ L 322 of 12.11.1987

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

Leave a reply

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].

Transfer of cargo and passenger ships between registers within the EU

Leave a reply

Transfer of cargo and passenger ships between registers within the EU

Outline of the Community (European Union) legislation about Transfer of cargo and passenger ships between registers within the EU

Topics

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

Transport > Waterborne transport

Transfer of cargo and passenger ships between registers within the EU

Document or Iniciative

Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 [See amending act(s)].

Summary

The purpose of the regulation is to eliminate the technical barriers to the transfer of cargo and passenger ships flying the flag of a European Union (EU) country between the registers of EU countries while ensuring a high level of ship safety and environmental protection, in compliance with international conventions.

Scope

The regulation applies to passenger ships built on or after 1 July 1998 and cargo ships built on or after 25 May 1980 or ships that were built before those dates but have been certified as complying with the relevant European and the International Maritime Organization (IMO) regulations.

However, the regulation does not apply to:

  • ships delivered after completion of their construction that do not carry valid full-term certificates from the EU country of the losing register;
  • ships that have been refused access to EU countries’ ports in accordance with Directive 95/21/EC during the three years preceding application for registration following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control;
  • ships of war or troopships, or other ships owned or operated by an EU country and used only for government non-commercial purposes;
  • ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or fishing vessels;
  • cargo ships of less than 500 gross tonnage.

Transfer between registers

EU countries will not withhold from registration, for technical reasons arising from the conventions, a ship registered in another EU country which complies with the requirements and carries valid certificates and marine equipment in accordance with Council Directive 96/98/EC.

Upon receiving the request for transfer, the EU country of the losing register will provide the EU country of the receiving register with all relevant information on the ship, in particular on her condition and equipment. This information contains the history file of the vessel, a list of the improvements required by the losing register for registering the ship or renewing her certificates and a list of overdue surveys.

Before registering a ship, the EU country of the receiving register will subject the ship to an inspection to confirm that the actual condition of the ship and her equipment correspond to the certificates.

Certificates

Upon the transfer, the EU country of the receiving register, or the recognised organisation acting on its behalf, will issue certificates to the ship under the same conditions as those issued under the flag of the EU country of the losing register.

At the time of renewal, extension or revision of the certificates, the EU country of the receiving register, or the recognised organisation acting on its behalf, will not impose requirements other than those initially prescribed for the full-term certificates.

Refusal of transfer and interpretation

The EU country of the receiving register will immediately notify the Commission of any refusal to issue, or to authorise the issuing of, new certificates to a ship.

Where an EU country considers that a ship cannot be registered for reasons relating to serious danger to security, safety or to the environment, registration may be suspended.

Reporting

EU countries will submit to the Commission a succinct yearly report on the implementation of the regulation. By 20 May 2008 the Commission will submit a report to the European Parliament and the Council on the implementation of this regulation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 789/2004

20.05.2004

–

OJ L 138, 30.04.2004
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

Successive amendments and corrections to Regulation (EC) No 789/2004 have been incorporated into the basic text. This consolidated versionis for information only.

Maritime security: Ship and port facility security

Leave a reply

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: marine equipment

Leave a reply

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].