Article 1
Purpose
Article 2
Definitions
Article 3
General requirements
Article 4
Specific requirements, exemptions and equivalents
Article 5
Standards for design, construction and maintenance
Article 6
Surveys and certificates
Article 7
Control provisions
Article 8
Adaptations
Article 9
Committee procedure
Article 10
Notification to IMO
Article 11
Penalties
Article 12
Implementation
Article 13
Entry into force
Article 14
Addressees
ANNEX I
Adaptation of provisions of the Annex to the Torremolinos Protocol...
PART A
Adaptations applicable to all fishing vessels to which the Directive...
CHAPTER I:
GENERAL PROVISIONS
Regulation 2:
Definitions
CHAPTER V:
FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING
Regulation 2:
Definitions
CHAPTER VII:
LIFE-SAVING APPLIANCES AND ARRANGEMENTS
Regulation 1:
Application
Regulation 13:
Radio life-saving appliances
CHAPTER IX:
RADIO COMMUNICATIONS
Regulation 1:
Application
Regulation 3:
Exemptions
PART B
Adaptation applicable to new fishing vessels built on or after...
ANNEX II
Adaptation of provisions of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol, in accordance with Article 3(4) of the latter, for application to new fishing vessels with a length of 24 metres and over
CHAPTER IV:
MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES
Regulation 1:
Application
Regulation 7:
Communication between the wheelhouse and machinery space
Regulation 8:
Wheelhouse control of propulsion machinery
Regulation 16:
Main source of electrical power
Regulation 17:
Emergency source of electrical power
Regulation 22:
Alarm system
CHAPTER V:
FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING
Regulation 2:
Definitions
PART C
Regulation 35:
Fire pumps
Regulation 40:
Fire-extinguishing appliances in machinery spaces
CHAPTER VII:
LIFE-SAVING APPLIANCES AND ARRANGEMENTS
Regulation 1:
Application
Regulation 5:
Number and types of survival craft and rescue boats
1.
Beginning of paragraph 3 to be read as follows: ‘Vessels...
2.
Read with a new paragraph 3(a):
3.
Beginning of paragraph 4 to be read as follows: ‘In...
Regulation 10:
Lifebuoys
1.
Read subparagraph 1(b) as follows: ‘six lifebuoys in vessels of...
2.
Insert a new subparagraph 1(c) as follows:
Regulation 13:
Radio life-saving appliances
Regulation 14:
Radar transponders
CHAPTER IX:
RADIO COMMUNICATIONS
Regulation 1:
Application
Regulation 7: Radio equipment — sea area A1
ANNEX III
Regional and local provisions (Articles 3(3) and 4(1))
A.
‘Northern’ regional provisions
1.
Area of application
2.
Definitions
3.
Regulation III/7(1) (Operating conditions)
4.
Regulation III/8 (Ice accretion)
5.
Regulations VII/5(2)(b) and (3)(b) (Number and types of survival craft...
6.
Regulation VII/9 (Immersion suits and thermal protective aids)
7.
Regulation VII/14 (radar transponder)
8.
Regulation VII/25 (Immersion suits)
9.
Regulation X/3(7) (Radar installations)
10.
Regulation X/5 (Signalling equipment)
B.
‘Southern’ regional provisions
1.
Areas of application
2.
Regulation VII/9(1) (Immersion suits)
3.
Regulation IX/1 (Radio communications)
ANNEX IV
Specific safety requirements (Article 3(4))
CHAPTER II:
CONSTRUCTION, WATERTIGHT INTEGRITY AND EQUIPMENT
CHAPTER III:
STABILITY AND ASSOCIATED SEAWORTHINESS
Regulation 9:
Inclining test
CHAPTER IV:
MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES
Regulation 13:
Steering gear
Regulation 16:
Main source of electrical power
Regulation 17:
Emergency source of electrical power
CHAPTER V:
FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING
Regulation 22:
Fire-extinguishing appliances in machinery spaces
Regulation 40:
Fire-extinguishing appliances in machinery spaces
ANNEX V
FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND RECORD OF EQUIPMENT
Council Directive 97/70/EC
of 11 December 1997
setting up a harmonised safety regime for fishing vessels of 24 metres in length and over
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 84(2) thereof,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the Economic and Social Committee ,
Acting in accordance with the procedure referred to in Article 189c of the Treaty ,
(1)
Whereas Community action in the sector of maritime transport should aim at the improvement of maritime safety;
(2)
Whereas the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, hereinafter referred to as the ‘Torremolinos Protocol’ was adopted on 2 April 1993;
(3)
Whereas the enforcement of this Protocol at Community level for fishing vessels flying the flag of a Member State or operating in the internal waters or territorial sea of a Member State or landing their catch in a port of a Member State will enhance the safety of such fishing vessels as various national legislations do not yet require the safety level established by the Protocol; whereas such a common safety level will, by harmonising the different and varying national safety requirements, ensure that competition will take place on an equal level for fishing vessels operating in the same area without compromising safety standards;
(4)
Whereas, in view, in particular, of the internal market dimension, action at Community level is the most effective way to establish a common safety level for fishing vessels throughout the Community;
(5)
Whereas a Council Directive is the appropriate legal instrument as it provides a framework for a uniform and compulsory application of the safety standards by Member States, while leaving to each Member State the choice of form and methods, that best fit its internal system;
(6)
Whereas several important chapters of the Torremolinos Protocol apply only to fishing vessels of 45 metres in length and over; whereas limiting the application of the Protocol at Community level only to such vessels would create a safety gap between the latter and smaller fishing vessels between 24 and 45 metres in length, and would therefore distort competition;
(7)
Whereas Article 3(4) of that Protocol states that each Party shall determine which of its regulations for which the length limit is greater than 24 metres should apply, wholly or in part, to a fishing vessel of 24 metres in length or over but less than the prescribed length limit and entitled to fly a flag ofthat Party; whereas Article 3(5) of that Protocol states that Parties shall endeavour to establish uniform standards for these fishing vessels operating in the same region;
(8)
Whereas, in order to enhance safety and to avoid distortions of competition, the aim must be pursued of applying the safety rules of this Directive to all fishing vessels of 24 metres in length and over, operating in the fishing zones of the Community, irrespective of the flag they fly; whereas this must be achieved, for fishing vessels flying the flag of third States operating in the internal waters or territorial sea of a Member State or landing their catch in a port of a Member State, in accordance with the general rules of international law;
(9)
Whereas the relevant provisions of Council Directives adopted under the social policy of the Community must continue to apply;
(10)
Whereas Member States should, for all those reasons, apply to new and, where required, to existing fishing vessels of 45 metres in length and over the provisions of the Annex to the Torremolinos Protocol, taking account of the relevant provisions listed in Annex I to this Directive; whereas Member States should also apply the provisions of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol, as adapted by Annex II to this Directive, to all new vessels of 24 metres in length and over but less than 45 metres flying their flag;
(11)
Whereas specific requirements, as set out in Annex III, can be justified for reasons relating to specific regional circumstances, such as geographical and climatic conditions; whereas such provisions have been developed for operation in the northern and southern zones, respectively;
(12)
Whereas, in order to further increase the level of safety, vessels flying the flag of a Member State should comply with the specific requirements set out in Annex IV;
(13)
Whereas fishing vessels flying the flag of third States should not be allowed to operate in the internal waters or territorial sea of a Member State or to land their catch in a Member State's port, and therefore compete with vessels flying the flag of a Member State, unless their flag State has certified that they comply with the technical provisions laid down in this Directive;
(14)
Whereas equipment complying with the requirements of Council Directive 96/98/EC of 20 December 1996 on marine equipment , when installed on board fishing vessels should be automatically recognised to be in conformity with the specific provisions imposed on such equipment in this Directive, since the requirements of Directive 96/98/EC are at least equivalent to those of the Torremolinos Protocol and this Directive;
(15)
Whereas Member States could encounter local circumstances which justify the application of specific safety measures to all fishing vessels operating in certain areas; whereas they may also consider it appropriate to adopt exemptions from, or equivalent requirements to, the provisions of the Annex to the Torremolinos Protocol; whereas they should be entitled to adopt such measures subject to control under the Committee procedure;
(16)
Whereas at present there are no uniform international technical standards for fishing vessels as regards their hull strength, main and auxiliary machinery and electrical and automatic plants; whereas such standards may be fixed according to the rules of recognised organisations or national administrations;
(17)
Whereas, for the control of the effective implementation and enforcement of this Directive, Member States should carry out surveys and issue a certificate of compliance to fishing vessels which comply with the specific requirements of this Directive;
(18)
Whereas, in order to ensure full application of this Directive, and in accordance with the procedure established in Article 4 of the Torremolinos Protocol, fishing vessels should be subject to port State control; whereas a Member State may undertake controls also on board fishing vessels of third countries which are not operating in the internal waters or territorial sea of a Member State nor landing their catch in the ports of a Member State, when they are in a port of that Member State, in order to verify that they comply with that Protocol, once it has entered into force;
(19)
Whereas it is necessary for a committee composed of the representatives of the Member States to assist the Commission in the effective application of this Directive; whereas the committee set up in Article 12 of 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 , can take on this task;
(20)
Whereas, in order to ensure a consistent implementation of this Directive, certain provisions may be adapted through this committee to take account of relevant developments at international level;
(21)
Whereas the International Maritime Organisation (IMO) should be informed of this Directive in accordance with the Torremolinos Protocol;
(22)
Whereas, in order to ensure full application of this Directive, Member States should lay down a system of penalties for breaching the national provisions adopted pursuant to this Directive,
HAS ADOPTED THIS DIRECTIVE:
OJ C 292, 4.10.1996, p. 29.
OJ C 66, 3.3.1997, p. 31.
Opinion of the European Parliament of 24 April 1997 (OJ C 150, 19.5.1997, p. 30), Council Common Position of 30 June 1997 (OJ C 246, 12.8.1997, p. 1) and Decision of the European Parliament of 6 November 1997 (OJ C 358, 24.11.1997).
OJ L 46, 17.2.1997, p. 25.
OJ L 247, 5.10.1993, p. 19. Directive as last amended by Directive 96/39/EC (OJ L 196, 7.8.1996, p. 7).