Directive 1992/29 - Minimum safety and health requirements for improved medical treatment on board vessels - Main contents

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Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels

Official Journal L 113 , 30/04/1992 P. 0019 - 0036

Finnish special edition: Chapter 5 Volume 5 P. 0106

Swedish special edition: Chapter 5 Volume 5 P. 0106

COUNCIL DIRECTIVE 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,

Having regard to the proposal from the Commission(1) , drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,

In cooperation with the European Parliament(2) ,

Having regard to the Opinion of the Economic and Social Committee(3) ,

Whereas the Commission communication on its programme concerning safety, hygiene and health at work(4) envisages measures to ensure medical treatment at sea;

Whereas the safety and health of workers on board a vessel, which constitutes a workplace involving a wide range of risks, bearing in mind, inter alia, its geographical isolation, where appropriate, require special attention;

Whereas vessels should have adequate medical supplies, kept in good order and checked at regular intervals, so that workers can obtain the necessary medical treatment at sea;

Whereas, in order to ensure appropriate medical treatment at sea, training and information of seafarers should be encouraged as regards the use of medical supplies;

Whereas the use of long-distance medical-consultation methods constitutes an efficient way of contributing to the protection of the safety and health of workers,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Definitions

For the purposes of this Directive, the following terms shall have the following meanings:

(a) vessel: any vessel flying the flag of a Member State or registered under the plenary jurisdiction of a Member State, seagoing or estuary-fishing, publicly or privately owned, excluding:

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  inland navigation vessels,

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  warships,

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  pleasure boats used for non-commercial purposes and not manned by professional crews,

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  tugs operating in harbour areas.

Vessels shall be classed in three categories in accordance with Annex I;

(b) worker: any person carrying out an occupation on board a vessel, including trainees and apprentices, but excluding port pilots and shore personnel carrying out work on board a vessel at the quayside;

(c) Owner: the registered owner of a vessel unless that vessel has been chartered by demise or is managed, either wholly or in part, by a natural or legal person other than the registered owner under the terms of a management agreement; in that case the owner shall be construed as the demise charterer or natural or legal person managing the vessel as appropriate;

(d) medical supplies: medicines, medical equipment and antidotes, a non-exhaustive list of which is given in Annex II;

(e) antidote: a substance used to prevent or treat a harmful effect or effects, direct or indirect, of one or more substances included on the list of dangerous substances in Annex III.

Article 2

Medicines and medical equipment - Sick-bay - Doctor

Each Member State shall take the measures necessary to ensure that:

• 1. 

  (a) every vessel flying its flag or registered under its plenary jurisdiction always carries on board medical supplies which meet at least, in terms of quality, the specifications of Annex II sections I and II for the category of vessel to which it belongs;

(b) the quantities of medicinal products and medical equipment to be carried depend on the nature of the voyage - in particular ports of call, destination, duration - the type or types of work to be carried out during the voyage, the nature of the...

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