Annexes to COM(1994)73 - 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 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1994)73 - Enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member ... |
|---|---|
| document | COM(1994)73  |
| date | June 19, 1995 |
SHIPS TO BE CONSIDERED FOR PRIORITY INSPECTION (as referred to in Article 5 (2)) (*)
1. Ships visiting a port of a Member State for the first time or after an absence of 12 months or more. In applying these criteria Member States shall also take into account those inspections which have been carried out by members of the MOU. In the absence of appropriate data for this purpose, Member States shall rely upon the available Sirenac E data and inspect those ships which have not been registered in the Sirenac E database following the entry into force of that database on 1 January 1993.
2. Ships flying the flag of a State appearing in the three-year rolling average table of above-average detentions and delays published in the annual report of the MOU.
3. Ships which have been permitted to leave the port of a Member State on condition that the deficiencies noted must be rectified within a specified period, upon expiry of such period.
4. Ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe navigation (pursuant to Council Directive 93/75/EEC of 13 September 1993 and Article 13 of this Directive).
5. Ships whose statutory certificates on the ship's construction and equipment, issued in accordance with the Conventions, and the classification certificates, have been issued by an organization which is not recognized under the terms of Council Directive 94/57/EC of 22 November 1994 (1) on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations.
6. Ships which have failed to comply with the obligations laid down in Council Directive 93/75/EEC.
7. Ships which are in a category for which expanded inspection has been decided (pursuant to Article 7 of this Directive).
8. Ships which have been suspended from their class for safety reasons in the course of the preceding six months.
(*) The sequence of the criteria is not indicative of the order of their importance.
(1) OJ No L 319, 12. 12. 1994, p. 20.
ANNEX II
LIST OF CERTIFICATES AND DOCUMENTS (referred to in Article 6 (1))
1. International Tonnage Certificate (1969)
2. - Passenger Ship Safety Certificate,
- Cargo Ship Safety Construction Certificate,
- Cargo Ship Safety Equipment Certificate,
- Cargo Ship Safety Radiotelegraphy Certificate,
- Cargo Ship Safety Radiotelephony Certificate;
- Cargo Ship Safety Radio Certificate,
- Exemption Certificate,
- Cargo Ship Safety Certificate.
3. International Certificate of Fitness for Carriage of Liquefied Gases in Bulk;
- Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.
4. International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;
- Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.
5. International Oil Pollution Prevention Certificate.
6. International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.
7. International Load Line Certificate (1966);
- International Load Line Exemption Certificate.
8. Oil record book, parts I and II.
9. Cargo record book.
10. Minimum Safe Manning Document;
- Certificates of Competency.
11. Medical certificates, (see ILO Convention No 73 concerning Medical Examination of Seafarers).
12. Stability information.
13. Copy of Document of Compliance and Certificate issued in accordance with The International Management Code for the Safe Operation of Ships and for Pollution Prevention (IMO Resolution A.741 (18)).
14. Certificates as to the ship's hull strength and machinery installations issued by the classification society in question (only to be required if the ship maintains its class with a classification society).
ANNEX III
EXAMPLES OF 'CLEAR GROUNDS' FOR A MORE DETAILED INSPECTION (as referred to in Article 6 (3))
1. Ships identified in Annex I, with the exception of No 1.
2. A report or notification by another Member State.
3. A report or complaint by the master, a crew member, or any person or organization with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Member State concerned deems the report or complaint to be manifestly unfounded; the identity of the person lodging the report or the complaint must not be revealed to the master or the shipowner of the ship concerned.
4. The ship has been involved in a collision on its way to the port.
5. The oil record book has not been properly kept.
6. The ship has been accused of an alleged violation of the provisions on discharge of harmful substances or effluents.
7. During examination of the certificates and other documentation, (see Article 6 (1) (a) and (2)), inaccuracies have been revealed.
8. Indications that the crew members are unable to comply with the requirements of Article 8 of Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers (1).
9. Evidence of cargo and other operations not being conducted safely, or in accordance with IMO guidelines, e.g. the content of oxygen in the inert-gas mains supply to the cargo tanks is above the prescribed maximum level.
10. Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage.
11. Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon ship.
(1) OJ No L 319, 12. 12. 1994, p. 28.
ANNEX IV
PROCEDURES FOR THE CONTROL OF SHIPS (as referred to in Article 6 (4))
1. Procedures for the Control of Ships (IMO Resolution A.466 (XII)), as amended.
2. Principles of Safe Manning (IMO Resolution A.481 (XII) and Annexes which are Contents of Minimum Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning (Annex 2).
3. Procedures for the Control of Ships and Discharges under Annex I to Marpol 73/78 (IMO Resolution A.542 (13)).
4. Procedures for the Control of Ships and Discharges under Annex II to Marpol 73/78 (IMO Resolution MEPC 26 (23)).
5. Procedures for the Control of Operational Requirements Related to the Safety of Ships and Pollution Prevention (IMO Resolution A.742 (18)).
6. The Provisions of the International Maritime Dangerous Goods Code.
7. International Labour Organization (ILO) publication 'Inspection of Labour Conditions on Board Ship: Guidelines for Procedure'.
8. Annex I to the Paris MOU guidelines for surveyors.
ANNEX V
A. CATEGORIES OF SHIPS SUBJECT TO EXPANDED INSPECTION (as referred to in Article 7 (1))
1. Oil tankers, five years or less from the date of phasing out in accordance with Marpol 73/78, Annex I, Regulation 13G, i.e.
- a crude oil tanker of 20 000 tonnes deadweight and above or a product carrier of 30 000 tonnes deadweight and above, not meeting the requirements of a new oil tanker as defined in Regulation 1 (26) of Annex I to Marpol 73/78, will be subject to expanded inspection 20 years after its date of delivery as indicated on the Supplement, Form B, to the IOPP Certificate, or 25 years after that date, if the ship's wing tanks or double-bottom spaces not used for the carriage of oil meet the requirements of Regulation 13G (4) of that Annex, unless it has been reconstructed to comply with Regulation 13F of the same Annex,
- an oil tanker as mentioned above meeting the requirements of a new oil tanker as defined in Regulation 1 (26) of Annex I to Marpol 73/78 will be subject to expanded inspection 25 years after its date of delivery as indicated on the Supplement, Form B, to the IOPP Certificate, unless it complies with or has been reconstructed to comply with Regulation 13F of that Annex.
2. Bulk carriers, older than 12 years of age, as determined on the basis of the date of construction indicated in the ship's safety certificates.
3. Passenger ships.
4. Gas and chemical tankers older than 10 years of age, as determined on the basis of the date of construction indicated in the ship's safety certificates.
B. NON-MANDATORY GUIDELINES FOR EXPANDED INSPECTION OF CERTAIN CATEGORIES OF SHIPS (as referred to in Article 7 (2))
To the extent applicable the following items may be considered as part of an expanded inspection. Inspectors must be aware that it may jeopardize the safe execution of certain on-board operations, e.g. cargo operation, if tests having a direct effect thereon, are required to be carried out during such operations.
1. SHIPS IN GENERAL (categories in section A)
- Black-out and start of emergency generator,
- Inspection of emergency lighting,
- Operation of emergency fire-pump with two firehoses connected to the fire main-line,
- Operation of bilge pumps,
- Closing of watertight doors,
- Lowering of one seaside lifeboat to the water,
- Test of remote emergency stop for e.g. boilers, ventilation and fuel pumps,
- Testing of steering gear including auxiliary steering gear,
- Inspection of emergency source of power to radio installations,
- Inspection and, to the extent possible, test of engine-room separator.
2. OIL TANKERS
In addition to the items listed under section 1, the following items may also be considered as part of the expanded inspection for oil tankers:
- Fixed-deck foam system,
- Fire-fighting equipment in general,
- Inspection of fire dampers to engine room, pump room and accommodation,
- Control of pressure of inert gas and oxygen content thereof,
- Check of the Survey Report File (see IMO Resolution A.744(18)) to identify possible suspect areas requiring inspection.
3. BULK CARRIERS
In addition to the items listed under section 1, the following items may also be considered as part of the expanded inspection for bulk carriers:
- Possible corrosion of deck machinery foundations,
- Possible deformation and/or corrosion of hatch covers,
- Possible cracks or local corrosion in transverse bulkheads,
- Access to cargo holds,
- Check of the Survey Report File, (see IMO Resolution A.744(18)) to identify possible suspect areas requiring inspection.
4. GAS AND CHEMICAL TANKERS
In addition to the items listed under section 1, the following items can also be considered as part of the expanded inspection for gas and chemical tankers:
- Cargo tank monitoring and safety devices relating to temperature, pressure and ullage,
- Oxygen analysing and explosimeter devices, including their calibration. Availability of chemical detection equipment (bellows) with an appropriate number of suitable gas detection tubes for the specific cargo being carried,
- Cabin escape sets giving suitable respiratory and eye protection, for every person on board (if required by the products listed on the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable),
- Check that the product being carried is listed in the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable,
- The fixed fire-fighting installations on deck whether they be foam or dry chemical or other as required by the product carried.
5. PASSENGER SHIPS
In addition to the items listed under section 1, the following items may also be considered as part of the expanded inspection for passenger ships.
- Testing of fire detection and alarm system,
- Testing of proper closing of fire doors,
- Test of public address system,
- Fire drill where, as a minimum, all sets of fireman's outfits must be demonstrated and part of the catering crew take part,
- Demonstration that key crew members are acquainted with the damage control plan.
If deemed appropriate the inspection may be continued while the ship is on passage to or from the port in the Member State, with the consent of the shipmaster or the operator. Inspectors must not obstruct the operation of the ship, nor must they induce situations that, in the master's judgment, could endanger the safety of the passengers, the crew and the ship.
ANNEX VI
CRITERIA FOR DETENTION OF A SHIP (as referred to in Article 9 (3))
Introduction
Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector must apply the criteria mentioned below in sections 1 and 2.
Section 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 9 (3)).
1. Main criteria
When exercising his professional judgement as to whether or not a ship should be detained the inspector must apply the following criteria:
Timing:
Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port.
Criterion:
The ship is detained if its deficiencies are sufficiently serious to merit an inspector returning to satisfy himself that they have been rectified before the ship sails.
The need for the inspector to return to the ship is a measure of the seriousness of the deficiencies. However, it does not impose such an obligation for every case. It implies that the authority must verify one way or another, preferably by a further visit, that the deficiencies have been rectified before departure.
2. Application of main criteria
When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the inspector must assess whether:
1. the ship has relevant, valid documentation;
2. the ship has the crew required in the Minimum Safe Manning Document.
During inspection the inspector must further assess whether the ship and/or crew is able to:
3. navigate safely throughout the forthcoming voyage;
4. safely handle, carry and monitor the condition of the cargo throughout the forthcoming voyage;
5. operate the engine room safely throughout the forthcoming voyage;
6. maintain proper propulsion and steering throughout the forthcoming voyage;
7. fight fires effectively in any part of the ship if necessary during the forthcoming voyage;
8. abandon ship speedily and safely and effect rescue if necessary during the forthcoming voyage;
9. prevent pollution of the environment throughout the forthcoming voyage;
10. maintain adequate stability throughout the forthcoming voyage;
11. maintain adequate watertight integrity throughout the forthcoming voyage;
12. communicate in distress situations if necessary during the forthcoming voyage;
13. provide safe and healthy conditions on board throughout the forthcoming voyage.
If the answer to any of these assessments is negative, taking into account all deficiencies found, the ship must be strongly considered for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship.
3. To assist the inspector in the use of these guidelines, there follows a list of deficiencies, grouped under relevant conventions and/or codes, which are considered of such a serious nature that they may warrant the detention of the ship involved. This list is not intended to be exhaustive.
3.1. General
The lack of valid certificates as required by the relevant instruments. However, ships flying the flag of States not party to a Convention (relevant instrument) or not having implemented another relevant instrument, are not entitled to carry the certificates provided for by the Convention or other relevant instrument. Therefore, absence of the required certificates should not by itself constitute reason to detain these ships; however, in applying the 'no more favourable treatment' clause, substantial compliance with the provisions is required before the ship sails.
3.2. Areas under the Solas Convention (References are given in brackets)
1. Failure of the proper operation of propulsion and other essential machinery, as well as electrical installations.
2. Insufficient cleanliness of engine room, excess amount of oily-water mixtures in bilges, insulation of piping including exhaust pipes in engine room contaminated by oil, improper operation of bilge pumping arrangements.
3. Failure of the proper operation of emergency generator, lighting, batteries and switches.
4. Failure of the proper operation of the main and auxiliary steering gear.
5. Absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching arrangements.
6. Absence, non-compliance or substantial deterioration of fire detection system, fire alarms, firefighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers, quick-closing devices to the extent that they cannot comply with their intended use.
7. Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers.
8. Absence, non-compliance or serious deterioration of lights, shapes or sound signals.
9. Absence or failure of the proper operation of the radio equipment for distress and safety communication.
10. Absence or failure of the proper operation of navigation equipment, taking the provisions of Solas Regulation V/12(o) into account.
11. Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage, taking into account that electronic charts may be used as a substitute for the charts.
12. Absence of non-sparking exhaust ventilation for cargo pump rooms (Solas Regulation II-2/59.3.1).
3.3. Areas under the IBC Code (References are given in brackets)
1. Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (16.2).
2. Missing or damaged high-pressure safety devices (8.2.3).
3. Electrical installations not intrinsically safe or not corresponding to code requirements (10.2.3).
4. Sources of ignition in hazardous locations referred to in 10.2 (11.3.15).
5. Contraventions of special requirements (15).
6. Exceeding of maximum allowable cargo quality per tank (16.1).
7. Insufficient heat protection for sensitive products (16.6).
3.4. Areas under the IGC Code (References are given in brackets)
1. Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (18.1).
2. Missing closing devices for accommodations or service spaces (3.2.6).
3. Bulkhead not gastight (3.3.2).
4. Defective air locks (3.6).
5. Missing or defective quick-closing valves (5.6).
6. Missing or defective safety valves (8.2).
7. Electrical installations not intrinsically safe or not corresponding to code requirements (10.2.4).
8. Ventilators in cargo area not operable (12.1).
9. Pressure alarms for cargo tanks not operable (13.4.1).
10. Gas detection plant and/or toxic gas detection plant defective (13.6).
11. Transport of substances to be inhibited without valid inhibitor certificate (17/19).
3.5. Areas under the Load Lines Convention
1. Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been carried out.
2. A recognized case of insufficient stability.
3. The absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of his ship in such a way that a safe margin of stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses in the ship's structure are avoided.
4. Absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight doors.
5. Overloading.
6. Absence of draft mark or draft mark impossible to read.
3.6. Areas under the Marpol Convention, Annex I (References are given in brackets)
1. Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring and control system or the 15 ppm alarm arrangements.
2. Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.
3. Oil Record Book not available (20 (5)).
4. Unauthorized discharge bypass fitted.
3.7. Areas under the Marpol Convention, Annex II (References are given in brackets)
1. Absence of the P& A Manual.
2. Cargo is not categorized (3 (4)).
3. No cargo record book available (9 (6)).
4. Transport of oil-like substances without satisfying the requirements or without an appropriately amended certificate (14).
5. Unauthorized discharge bypass fitted.
3.8. Areas under the STCW Convention
Number, composition or certification of crew not corresponding with safe manning document.
3.9. Areas under the ILO Conventions
1. Insufficient food for voyage to next port.
2. Insufficient potable water for voyage to next port.
3. Excessively unsanitary conditions on board.
4. No heating in accommodation of a ship operating in areas where temperatures may be excessively low.
5. Excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in passageways/accommodations.
3.10. Areas which may not warrant a detention, but where e.g. cargo operations have to be suspended.
Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or machinery are considered sufficient grounds for stopping cargo operation.
ANNEX VII
MINIMUM CRITERIA FOR INSPECTORS (as referred to in Article 11 (1))
1. The inspector must be authorized to carry out port-State control by the competent authority of the Member State.
2. Either:
- The inspector must have completed a minimum of one year's service as a flag-State inspector dealing with surveys and certification in accordance with the Conventions,
- and be in possession of:
(a) a certificate of competency as master, enabling that person to take command of a ship of 1 600 GT or more (see STCW, Regulation II/2); or
(b) a certificate of competency as chief engineer enabling him to take up that task on board a ship whose main power plant has a power equal or superior to 3 000 KW, (see STCW, Regulation III/2); or
(c) have passed an examination as a naval architect, mechanical engineer or an engineer related to the maritime fields and worked in that capacity for at least five years,
- The inspectors mentioned under (a) and (b) must have served for a period of not less than five years at sea as officer in the deck- or engine-department respectively.
Or:
The inspector must:
- hold a relevant university degree or an equivalent training, and
- have been trained and qualified at a school for ship safety inspectors, and
- have served at least two years as a flag-State inspector dealing with surveys and certification in accordance with the Conventions.
3. Ability to communicate orally and in writing with seafarers in the language most commonly spoken at sea.
4. Appropriate knowledge of the provisions of the international Conventions and of the relevant procedures on port-State control.
5. Inspectors not fulfilling the above criteria are also accepted if they are employed by the competent authority of a Member State for port-State control at the date of adoption of this Directive.