amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (Text with EEA relevance)

amending Council Directive 1999/32/EC as regards the sulphur content of marine fuels

PCF Rules of Procedure - adopting the rules of procedure of the permanent cooperation framework established by Member States in cooperation with the Commission pursuant to Article 10 of Directive 2009/18/EC of the European Parliament and of the Council (Text with EEA relevance).

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This document is the latest consolidation Directive 2002/59/EC, as amended (including amending Directives 2011/15 and 2009/17). The purpose of Directive 2011/15 was to make a number of amendments to Directive 2002/59/EC, including: the replacement of Article 12(1), point (b) on the subject of substances referred to in Annex I to the MARPOL Convention; the replacement of Annex II (Requirements applicable to on-board equipment) and; the replacement of Annex IV (Measures available to Member States in the event of a threat to maritime safety and the protection of the environment). The purpose of Directive 2009/17 was to make a number of amendments, including: facilitating the implementation and operation of SafeSeaNet in a uniform way across Europe, establishing European LRIT data centre, and extending the Directive to fishing vessels over 15m long. This document is the consolidated version, which merges the text of the amendment with that of Directive 2002/59/EC.

Amending Directive 2002/59/EC. The purpose of this Directive was to make a number of amendments in order to improve Directive 2002/59/EC, including: the replacement of Article 12(1), point (b) on the subject of substances referred to in Annex I to the MARPOL Convention; the replacement of Annex II (Requirements applicable to on-board equipment) and; the replacement of Annex IV (Measures available to Member States in the event of a threat to maritime safety and the protection of the environment).

Common Methodology - adopting a common methodology for investigating marine casualties and incidents developed pursuant to Article 5(4) of Directive 2009/18/EC of the European Parliament and of the Council (Text with EEA relevance).

The European Parliament and Council Directive 2005/35/EC of 7 September 2005, as amended by Directive 2009/123/EC of 21 October 2009 “on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences”, states that the European Maritime Safety Agency shall:

• (a) ‘work with the Member States in developing technical solutions and providing technical assistance …in actions such as tracing discharges by satellite monitoring and surveillance’;
• (b) ‘assist the Commission in the implementation of this Directive’ including, if appropriate, by means of visits to the Member States, in accordance with Article 3 of Regulation (EC) No 1406/2002’.

The Directive recognises that EMSA ‘has a key role to play in working with the Member States in developing technical solutions and providing technical assistance relating to the implementation of this Directive and in assisting the Commission in the performance of any task assigned to it for the effective implementation of this Directive’.

on the establishment of criteria for the use by liquefied natural gas carriers of technological methods as an alternative to using low sulphur marine fuels meeting the requirements of Article 4b of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels as amended by Directive 2005/33/EC of the European Parliament and of the Council on the sulphur content of marine fuels (notified under document C(2010) 8753).

on safety rules and standards for passenger ships (Text with EEA relevance).

on common rules and standards for ship inspection and survey organisations (Text with EEA relevance)

on the liability of carriers of passengers by sea in the event of accidents (Text with EEA relevance)

Amending Directive 2002/59/EC. The purpose of this Directive was to make a number of amendments in order to improve and extend the original, including: facilitating the implementation and operation of SafeSeaNet in a uniform way across Europe, establishing European LRIT data centre, and extending the Directive to fishing vessels over 15m long.

on compliance with flag State requirements (Text with EEA relevance)

on the insurance of shipowners for maritime claims (Text with EEA relevance)

establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council.

Also known as Accident Investigation Directive (Third Maritime Package)

The measure concerns detentions following a PSC inspection in any of the Paris MoU members States. Preventions of Operation may be issued by EU member States following an inspection according Directive 99/35/EC.

According Article 16 of Directive 2009/16/EC on PSC, any type of ship will be refused access to ports and anchorages:

• If the ship flies a black listed flag and has been detained or has been issued with a Prevention of Operation three or more times in the last 36 months; or
•  If the ship flies a grey listed flag and has been detained or has been issued with a Prevention of Operation three or more times in the last 24 months;

A first refusal of access order can only be lifted after a minimum period of 3 months. A second refusal of access order for multiple detentions issued to the same ship can only be lifted after 12 months.

A third refusal of access order shall be issued to the same ship irrespective of the flag's performance (black or grey or white) in the case of any subsequent detention. In this case, the established minimum period before the refusal of access order can be lifted is 24 months. Only if the following conditions are met before the end of the minimum period, the refusal of access order may be lifted:

• The ship flies a white listed flag;
• Statutory and classification certificates are issued by an EU Recognised Organisation;
• The ship is managed by a high performance company
• A re-inspection (expanded inspection) has been carried out. This shall be an expanded inspection as per Annex VIII of the Directive.

Any subsequent detention after the third refusal of access shall result in a permanent refusal of access.

Note: Directive 2009/16 entered into force on 17 June 2009 and started being applied from 1 January 2011. This Directive replaced the Directive 95/21.

amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community

on the minimum level of training of seafarers (Text with EEA relevance)