MARITIME SAFETY - Committee on Safe Seas (COSS)

Contents

  1. Kerngegevens
  2. Text
  3. EU Monitor

1.

Kerngegevens

Document date 21-02-2002
Publication date 22-01-2013
Reference 6445/02
From the Shipping Working Party
To the Committee of Permanent Representatives / Council
External link original PDF
Original document in PDF

2.

Text

COUNCIL OF Brussels, 21 February 2002

THE EUROPEAN UNION

6445/02 Interinstitutional File:

2000/0236 (COD) 2000/0237 (COD)

MAR 21 CODEC 222

REPORT from : the Shipping Working Party to : the Committee of Permanent Representatives / Council No. prev. doc. : 5509/02 MAR 9 CODEC 76 + ADD 1 No. Cion prop. : 5118/02 MAR 1 CODEC 11 Subject : MARITIME SAFETY - Committee on Safe Seas (COSS)

  • 1. 
    The Shipping Working Party examined the modified Commission proposals concerning the establishment of the Committee on Safe Seas and the Prevention of Pollution from Ships and amending regulations and directives on maritime safety and the prevention of pollution from

    ships. It reached consensus on the text as presented in Annex 1 ; although the DK and UK

    delegations still maintain a Parliamentary reservation at this stage.

    The Commission presented its modified proposals on 27.12.2001, taking into account

    the opinion of the European Parliament in the first reading 2 , the opinion of the Economic and Social Committee 3 and that of the Committee of the Regions 4 , as well as

    recent achievements in EU maritime legislation.

1 Some factual modifications have been introduced to take account of the approval of the Erika

I package and the Directive on bulk carriers.

2 OJ C 276, 1.10.2001, p.42

3 OJ C 139, 11.5.2001, p.21

4 OJ C 253, 12.9.2001, p.1

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These proposals have two main objectives:

  • - 
    To simplify committees procedures by replacing the diverse committees created under Community legislation on maritime safety and the prevention of pollution by ships by one single committee, the Committee on Safe Seas and the Prevention of Pollution by Ships (COSS). The tasks previously carried out by existing

    committees will thus be centralised in the COSS.

  • - 
    To accelerate and simplify the integration of international rules into Community legislation, allowing for a "direct" or "semi-automatic" application of amendments of international rules subject to a prior conformity check. This safeguard

    mechanism will be activated at the initiative of the Commission, eventually at the request of a Member States, if the amendment to the international rules is incompatible with Community law or if there is a risk that it lowers the level of maritime safety standards in the Community.

  • 2. 
    The Council is invited, subject to confirmation by the Permanent Representative Committee, to agree the text as it appears in Annex as its common position. It will be forwarded to the European Parliament after the usual legal and linguistic revision.

____________________

DG C IV EN

ANNEX

2000/0236 (COD) Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the Committee on Safe Seas and the Prevention of Pollution from Ships and amending the Regulations on maritime safety and the prevention of pollution from ships

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission, 1

Having regard to the opinion of the Economic and Social Committee, 2

Having regard to the opinion of the Committee of the Regions, 3

Acting in accordance with the procedure referred to in Article 251 of the Treaty, 4

Whereas:

(1) The measures implementing the existing Regulations and Directives in the field of maritime safety were adopted by a regulatory procedure involving the committee set up by Council

Directive 93/75/EEC i 5 and, in certain cases, an ad hoc committee. These committees are

governed by the rules set out in Council Decision 87/373/EEC i of 13 July 1987 laying down

the procedures for the exercise of implementing powers conferred on the Commission. 6

(2) By its resolution of 8 June 1993 on a common policy on safe seas, the Council approved in principle the establishment of a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and called on the Commission to present a proposal to set up such a committee.

1 OJ C 265E, 19.12.2000.

2 OJ C 139, 11.5.2001.

3 OJ C 253, 12.9.2001.

4 OJ C 276, 1.10.2001 (first EP reading)

5 OJ L 247, 5.10.1993, p. 19. Last amended by Directive 98/74/EC (OJ L 276, 13.10.1998, p.7).

6 OJ L 197, 18.7.1987, p. 3.

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(3) The role of COSS is to centralise the tasks of the committees set up under the Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions and to assist and advise the Commission on all

matters of maritime safety and prevention or reduction of pollution of the environment by shipping activities.

(4) In keeping with the Council Resolution of 8 June 1993, a Committee on Safe Seas and the

Prevention of Pollution from Ships should be set up and assigned the tasks previously devolved to the committees established under the existing Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions. All new Community legislation adopted in the field of maritime safety should stipulate recourse to the Committee thereby set up.

(5) Decision 87/373/EEC i has been replaced by Council Decision 1999/468/EC i of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the

Commission. 1 The purpose of the latter decision is to define the committee procedures

applicable and ensure more comprehensive information to the European Parliament and the public on the work of the committees.

(6) The pertinent provisions of Decision 1999/468/EC i should therefore be applied to COSS. As the measures required to implement the legislation in the field of maritime safety, the

prevention of pollution from ships and the protection of shipboard living and working conditions are measures of general scope within the meaning of Article 2 of Decision 1999/468/EC i, they should be adopted by the regulatory procedure laid down in Article 5 of the Decision, subject to Article 7(3) and Article 8 of the same Decision, which specify the role of the European Parliament. To allow COSS to operate in emergencies, it is appropriate to reduce to one month the period set in Article 5(6) of Decision 1999/468/EC i.

1 OJ L 184, 17.7.1999, p. 23.

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(7) The existing legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions should also be amended to substitute COSS for the committee set up by Directive 93/75/EEC i or, where appropriate, for the ad hoc committee established under the particular piece of legislation. This Regulation should in

particular amend the relevant provisions of Council Regulations (EEC) No 613/91 i, 1 (EC) No 2978/94 2 and (EC) No 3051/95, 3 in order to insert a reference to COSS and to stipulate the

regulatory procedure laid down in Article 5 of Decision 1999/468/EC i.

(8) Moreover, the existing Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions is based on the

application of rules resulting from international conventions, codes and resolutions in force at the date of adoption of the Community act in question, or at the date specified by the latter. As a consequence, Member States cannot apply the subsequent amendments to these international instruments until the Community directives or regulations have been amended. This has major disadvantages owing to the difficulty of getting the date of entry into force of the amendment at the international level to coincide with that of the regulation integrating this amendment into Community law, not least the delayed application within the Community of the most recent and most stringent international safety standards.

(9) However, it is necessary to make a distinction between the provisions of a Community act making reference, for the purposes of their application, to an international instrument and Community provisions reproducing an international instrument in full or in part. In the latter case, the most recent amendments to the international instruments cannot in any case be

rendered applicable until the Community provisions concerned have been amended.

1 OJ L 68, 15.3.1991, p. 1.

2 OJ L 319, 12.12.1994, p. 1.

3 OJ L 320, 30.12.1995, p. 14. Amended by Regulation (EC) No 179/98, 23.1.1998, p. 35.

ANNEX DG C EN IV

(10) Member States should therefore be permitted to apply the most recent provisions of international conventions, with the exception of those explicitly incorporated in a Community act. This can be done by stating that the version of the international convention applicable for the purposes of the directive or regulation concerned is that “in force”, without mentioning the date.

(11) A specific conformity checking procedure should, however, be set up to enable the

Commission, after consulting COSS, to take whatever measures may be necessary to exclude the risk of amendments to the international instruments being incompatible with the Community legislation or Community policy on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions in force or with the objectives said legislation pursues. Such a procedure must also prevent international amendments from lowering the standard of maritime safety achieved in the Community.

(12) The conformity checking procedure will only be fully effective if the planned measures are adopted as speedily as possible, but at all events before the expiry of the deadline for the

effective entry into force of the international amendment. Consequently, the time available to the Council to act on the proposed measures in accordance with Article 5(6) of Decision 1999/468/EC i should be reduced to one month,

HAVE ADOPTED THIS REGULATION:

ANNEX DG C EN IV

Article 1 Objective

The objective of this Regulation is to improve the implementation of the Community legislation referred to in Article 2(2) on maritime safety, the prevention of pollution from ships and shipboard living and working conditions:

  • a) 
    by centralising the tasks of the committees set up under the Community maritime legislation and repealed by this Regulation by creating a single Committee on Safe Seas and the

    Prevention of Pollution from Ships, to be known as COSS;

  • b) 
    by accelerating the update of and facilitating subsequent amendment of the Community maritime legislation in the light of developments in the international instruments referred to in Article 2(1).

    Article 2 Definitions

For the purposes of this Regulation, the following definitions apply:

  • 1) 
    “international instruments”: the conventions, protocols, resolutions, codes, compendia of rules, circulars, standards and provisions adopted by an international conference, the

    International Maritime Organisation (IMO), the International Labour Organisation (ILO), the parties to a memorandum of understanding referred to in the provisions of the Community maritime legislation in force.

  • 2) 
    “Community maritime legislation”: the Community acts in force listed below:

ANNEX DG C EN IV

  • b) 
    Council Directive 93/75/EEC i of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting

    goods,

  • c) 
    Council Regulation (EC) No 2978/94 i 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,
  • d) 
    Council Directive 94/57/EC i of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime

    administrations, 1

  • h) 
    Council Directive 97/70/EC i of 11 December 1997 setting up a harmonised safety

    regime for fishing vessels of 24 metres in length and over, 4

  • i) 
    Council Directive 98/18/EC i of 17 March 1998 on safety rules and standards for

    passenger ships, 5

1 OJ L 319, 12.12.1994, p. 20. Last amended by Directive 2001/105/EC i (OJ L 19, 22.1.2002, p.

9).

2 OJ L 157, 7.7.1995, p. 1. Last amended by Directive 2001/106/EC i (OJ L 19, 22.1.2002, p. 17). 3 OJ L 46, 17.2.1997, p. 25. Amended by Directive 98/85/EC (OJ L 315, 11.11.1998, p. 14). 4 OJ L 34, 9.2.1998, p. 1. Amended by Directive 1999/19/EC (OJ L 83, 27.3.1999, p. 48). 5 OJ L 144, 15.5.1998, p. 1.

ANNEX DG C EN IV

  • j) 
    Council Directive 98/41/EC i of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the

    Community, 1

  • k) 
    Council Directive 1999/35/EC i of 29 April 1999 on a system of mandatory surveys for

    the safe operation of regular ro-ro ferry and high speed passenger craft services, 2

2000 on port reception facilities for ship-generated waste and cargo residues, 3

  • m) 
    Directive 2001/25/EC i of the European Parliament and of the Council of 4 April 2001 on

    the minimum level of training of seafarers, 4

    • n) 
      Directive 2001/96/EC i of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and

      unloading of bulk carriers. 5

      Article 3 Establishment of the Committee on Safe Seas and the Prevention of Pollution from Ships

(COSS)

  • 1. 
    The Commission shall be assisted by a regulatory committee, hereinafter called COSS, composed of representatives of the Member States and chaired by the representative of the Commission.
  • 2. 
    Whenever reference is made to the Committee, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC i shall apply, subject to the provisions of Article 7 (3) and of

    Article 8 of the Decision.

1 OJ L 188, 2.7.1998, p. 35.

2 OJ L 138, 1.6.1999, p. 1.

3 OJ L 332, 28.12.2000, p. 81.

4 OJ L 136, 18.5.2001, p. 17.

5 OJ L 13, 16.1.2002, p. 9.

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  • 3. 
    For the purposes of this Regulation, the period referred to in Article 5(6) of

    Decision 1999/468/EC i shall be one month.

    Article 3A Integration of amendments to international instruments in Community law

For the purposes of Community maritime legislation, the applicable international instruments are those which have entered into force internationally, including the most recent amendments hereto, with the exception, when appropriate, of the amendments excluded from their application in Community maritime legislation resulting from the conformity checking procedure established by Article 4.

Article 4 Conformity checking procedure

  • 1. 
    For the purposes of this regulation and with a view to reducing the risks of conflict between the Community maritime legislation and international instruments, Member States and the Commission cooperate, through coordination meetings and/or any other appropriate means, in order to define, where appropriate, a common position or approach in the competent

    international fora.

  • 2. 
    A conformity checking procedure is established in order to exclude from the scope of the

    Community maritime legislation any amendment to an international instrument only if, on the

    basis of an evaluation by the Commission, there is a manifest risk that the international

    amendment, within the scope of the Regulation or the Directives as referred to in Article 2(2),

    will lower the standard of maritime safety, of prevention of pollution from ships or of

    protection of shipboard living and working conditions established by the Community

    maritime legislation, or be incompatible with the latter.

    The conformity checking procedure may be used solely to make amendments to the Community maritime legislation in the fields expressly covered by the regulatory procedure and strictly within the framework of exercise of implementing powers conferred on the Commission.

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  • 3. 
    In the circumstances referred to in paragraph 2, the conformity checking procedure shall be initiated by the Commission, which, where appropriate, may act at the request of a Member State.

    The Commission shall submit to the COSS, without delay, after the adoption of an amendment to an international instrument a proposal for measures with the aim of excluding the amendment in question from the Community text concerned.

    The conformity checking procedure, including, if applicable, the procedures set up in Article 5 (6) of Decision 1999/468/EC i, shall be completed at least one month before the expiration of the period established internationally for the tacit acceptance of the concerned amendment or before the envisaged date for the entry into force of said amendment.

  • 4. 
    In the event of a risk as referred to in paragraph 2, first subparagraph, Member States shall refrain, during the period of the conformity checking procedure, from any initiative intended to integrate the amendment in national legislation or to apply the amendment to the concerned international instrument.

    Article 5 Powers of COSS

COSS shall exercise the powers conferred on it by virtue of the Community legislation in force.

Article 2(2) may be amended by the procedure set out in Article 3(2) in order to include a reference to the Community acts conferring implementing powers to COSS, that have entered into force following the adoption of this Regulation.

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Article 6 Amendment of Regulation (EEC) No 613/91

Regulation (EEC) No 613/91 i is amended as follows:

  • 1) 
    Article 1(a) is amended as follows: a) In the first subparagraph, the words “at the date of adoption of this Regulation” are deleted.
    • b) 
      The final subparagraph is deleted.
  • 2) 
    Articles 6 and 7 are replaced by the following:

    “Article 6 The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No ... .

Article 7

Where reference is made to this Article, the regulatory procedure laid down in Article 1(a) of

Regulation (EC) No… shall apply.

The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Regulation, pursuant to Article 4 of Regulation (EC) No ….”

Article 7 Amendment of Regulation (EC) No 2978/94 i

Regulation (EC) No 2978/94 i is amended as follows:

  • 1) 
    Article 3(g) is replaced by the following:

    "(g) “Marpol 73/78” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto” together with the amendments thereto in force".

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  • 2) 
    The following paragraph is added to Article 6:

    "The amendments to the international instruments referred to in Article 3 may be excluded from the scope of this Regulation, pursuant to Article 4 of Regulation (EC) No … of the

    European Parliament and of the Council. 1 "

  • 3) 
    Article 7 is replaced by the following:

“Article 7

The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No…”

Article 8 Amendment of Regulation (EC) No 3051/95 i

Regulation (EC) No 3051/95 i is amended as follows:

  • 1) 
    Article 9 is amended as follows:
    • a) 
      The words “Article 10(2)” are replaced by the words “Article 10”.
    • b) 
      The following subparagraph is added: "The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Regulation, pursuant to Article 4 of Regulation (EC)

      No …of the European Parliament and of the Council. 2 "

1 OJ L

2 OJ L

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  • 2) 
    Article 10 is replaced by the following:

“Article 10

The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No…...”

Article 9 Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at,

For the European Parliament For the Council

The President The President

____________________

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2000/0237 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending the Directives on maritime safety and the prevention of pollution from ships

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission, 1

Having regard to the opinion of the Economic and Social Committee, 2

Having regard to the opinion of the Committee of the Regions, 3

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 4

Whereas:

(1) The Directives in force in the field of maritime safety make reference to the committee set up

by Council Directive 93/75/EEC i 5 and, in certain cases, to an ad hoc committee set up by the

pertinent directive. The existing directives provide that the committees thereby established are

governed by the rules of Council Decision 87/373/EEC i of 13 July 1987 laying down the

procedures for the exercise of implementing powers conferred on the Commission. 6

1 OJ C

2 OJ C

3 OJ C

4 OJ C

5 OJ L 247, 5.10.1993, p. 19. Last amended by Directive 98/74/EC (OJ L 276, 13.10.1998, p.

7).

6 OJ L 197, 18.7.1987, p. 3.

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(2) Decision 87/373/EEC i was replaced by Council Decision 1999/468/EC i of 28 June 1999 laying

down the procedures for the exercise of implementing powers conferred on the Commission. 1

As the measures necessary to implement the Directives in force in the field of maritime safety

are measures of a general scope within the meaning of Article 2 of Decision 1999/468/EC i,

they should be adopted by the regulatory procedure laid down in Article 5 of the Decision.

(3) Regulation (EC) No … of the European Parliament and of the Council 2 has set up a

committee, the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), to centralise the tasks of the committees established under the pertinent Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions. Regulation (EC) No …/ stipulates the use of the regulatory procedure described in Article 5 of Decision 1999/468/EC i for the purposes of implementing this legislation.

(4) The Directives in force in the field of maritime safety should therefore be amended in order to replace the existing committees by COSS.

(5) These Directives should also be amended in order to apply to them the amendment procedures laid down by Regulation (EC) No …and the relevant provisions of that Regulation designed

to facilitate their adaptation to take account of changes to the international instruments referred to in the Community legislation in the field of maritime safety,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Objective

The objective of this Directive is to amend the Directives in force governing maritime safety, protection of the marine environment and shipboard living and working conditions:

1 OJ L 184, 17.7.1999, p. 23.

2 OJ L

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  • a) 
    by making reference to the Committee on Safe Seas and the Prevention of Pollution from

    Ships set up by Regulation (EC) No...., hereinafter referred to as "COSS";

  • b) 
    by accelerating their update and facilitating their amendment in the light of developments in the international instruments applicable in the field of maritime safety, prevention of pollution from ships and shipboard living and working conditions, in the manner laid down by

    Regulation (EC) No.....

    Article 2 Amendment of Directive 93/75/EEC i

Directive 93/75/EEC i is amended as follows:

  • 1) 
    Article 2 is amended as follows: a) in points e) and i), the words “on 1 January 1998” are deleted, b) in point f), the words “on 1 January 1997” are deleted, c) in point g), the words “on 10 July 1998” are deleted, d) in point h), the words “on 1 July 1998” are deleted.
  • 2) 
    The following paragraph is added to Article 11:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No … of the

European Parliament and of the Council. 1 "

  • 3) 
    Article 12 is replaced by the following:

“Article 12

The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure laid down in Article 3(2) of Regulation (EC) No …”

1 OJ L

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Article 3 Amendment of Directive 94/57/EC i

Council Directive 94/57/EC i 1 is amended as follows:

  • 1) 
    All references to "Article 7(2)" shall be replaced by a reference to "Article 7".
  • 2) 
    In Article 2(d), the words “on 19 December 2001” are deleted.
  • 3) 
    Article 7 is replaced by the following:

    “Article 7 The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure laid down in Article 3(2) of

    Regulation (EC) No …of the European Parliament and of the Council 2 ”

  • 4) 
    In Article 8, paragraph 2, the following subparagraph is added:

"The amendments to the international instruments referred to in Article 2(d) and Article 6 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC)

No …."

1 OJ L 319, 12.12.1994, p. 20. Last amended by Directive 2001/105/EC i (OJ L 19, 22.1.2002, p.

9).

2 OJ L

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Article 4 Amendment of Directive 95/21/EC i

Council Directive 95/21/EC i 1 is amended as follows:

  • 1) 
    Article 2 is amended as follows: a) In point 1), the words “on 19 December 2001” are deleted. b) In point 2), the words “as it stands on 19 December 2001” are replaced by the words “in force".
  • 2) 
    Article 18 is replaced by the following:

    “Article 18 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

    The Commission shall be assisted by COSS, in accordance with the procedure laid down in

    Article 3(2) of Regulation (EC) No … of the European Parliament and of the Council. 2 ”

  • 3) 
    Article 19 is amended as follows:
    • a) 
      point c) is replaced by the following: "c) to update in Article 2, paragraph 1), the list of international conventions which are relevant for the purposes of this Directive".
    • b) 
      the following subparagraph is added: "The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No …"

1 OJ L 157, 7.7.1995, p. 1. Last amended by Directive 2001/106/EC i (OJ L 19, 22.01.2002, p. 17).

6445/02 19

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Article 5 Amendment of Directive 96/98/EC i

Council Directive 96/98/EC i 1 is amended as follows:

  • 1) 
    In Article 2, points c), d) and n), the words “on 1 January 1999” are deleted.
  • 2) 
    Article 17 is amended as follows: a) In the third indent the words "and by amending the columns for the conformity assessment modules" are added.
    • b) 
      The following subparagraph is added: “The conventions and testing standards referred to in points c), d) and n) of Article 2 shall be understood without prejudice to any measures taken in application of Article 4

of Regulation (EC) No … of the European Parliament and of the Council. 2 ”

  • 3) 
    Article 18 is replaced by the following:

    “Article 18 The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No ….”

1 OJ L 46, 17.2.1997, p. 25. Amended by Directive 98/85/EC (OJ L 315, 11.11.1998, p. 14).

2 OJ L

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Article 6 Amendment of Directive 97/70/EC i

Article 9 of Council Directive 97/70/EC i 1 is replaced by the following:

“Article 9 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance with the procedure referred to in

Article 3(2) of Regulation (EC) No…. of the European Parliament and of the Council. 2

The amendments to the international instrument referred to in Article 2(4) may be excluded

from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No …”

Article 7 Amendment of Directive 98/18/EC i

Council Directive 98/18/EC i 3 is amended as follows:

  • 1) 
    Article 2 is amended as follows: a) In point a), the words “on the date of adoption of this Directive” are deleted. b) In points b) and c), the words “as amended at the date of adoption of this Directive” are replaced by the words “in force”.
    • c) 
      In points d) and f), the words “as amended at the date of adoption of this Directive” are replaced by the words “in force”.
  • 2) 
    In Article 6(1), points (b) and (c), 6(2), point (a)(i), and 6(3), point (a), the words “as amended at the date of adoption of this Directive” are deleted.

1 OJ L 34, 9.2.1998, p. 1. Amended by Directive 1999/19/EC (OJ L 83, 27.3.1999, p. 48).

2 OJ L

3 OJ L 144, 15.5.1998, p. 1.

ANNEX DG C EN IV

  • 3) 
    Article 8 is amended as follows: a) In point a) the following points iii) and iv) are added: iii) the provisions concerning the SOLAS Convention and the International Code of Safety of High Speed Craft, and including its subsequent amendments laid down in Articles 4.3, 6.4, 10.3 and 11.3; and".
    • iv) 
      the specific references to the 'International Conventions' and IMO resolutions referred to in articles 2(f), (k) and (o), 3.2 (a), 6.1 (b) and (c), 6.2 (b) and 11.3
    • b) 
      Point b) is replaced by the following: "b) Annexes may be amended in order to: i) apply, for the purpose of this Directive, amendments made to international conventions;
      • ii) 
        improve the technical specifications thereof, in the light of experience.” c) The following subparagraph is added:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No

…. of the European Parliament and of the Council. 1 "

  • 4) 
    Article 9 is replaced by the following:

    “Article 9 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

    The Commission shall be assisted by COSS in accordance with the procedure laid down in Article 3(2) of Regulation (EC) No ….”

1 OJ L

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Article 8 Amendment of Directive 98/41/EC i

Council Directive 98/41/EC i 1 is amended as follows:

  • 1) 
    In Article 2, third indent, the words “as in force at the time of the adoption of this Directive” are replaced by the words “in force”.
  • 2) 
    In Article 12 the following subparagraph is added:

"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No …of the

European Parliament and of the Council. 2 "

  • 3) 
    Article 13 is replaced by the following:

    “Article 13 The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), in accordance with the procedure laid down in Article 3U of Regulation (EC) No ….”

1 OJ L 188, 2.7.1998, p. 35.

2 OJ L

ANNEX DG C EN IV

Article 9 Amendment of Directive 1999/35/EC i

Council Directive 1999/35/EC i 1 is amended as follows:

  • 1) 
    Article 2 is amended as follows: a) In points b) and o), the words “as amended on the date of the adoption of this Directive” are replaced by the words “in force”.
    • b) 
      In point d), the words “on the date of adoption of this Directive” are deleted. c) In point e), the words “as amended on the date of the adoption of this Directive” are replaced by the words “in force”.
  • 2) 
    Article 16 is replaced by the following:

    “Article 16 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance with the procedure laid down in

Article 3(2) of Regulation (EC) No ….of the European Parliament and of the Council. 2 ”

  • 3) 
    In Article 17 the following subparagraph is added:

    "The amendments to the international instruments referred to in Article 2 may be excluded

    from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No .…”

  • 4) 
    Annex I is amended as follows:

    In point 7, the words “MSC Resolution ... (70)" are replaced by the words “IMO Assembly Resolution A.893(21)”.

1 OJ L 138, 1.6.1999, p. 1.

2 OJ L

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Article 10 Amendment of Directive 2000/59 i

  • 1) 
    In Article 2(b) the words "as in force at the date of adoption of this Directive" are deleted.
  • 2) 
    Article 14 is replaced by the following:

    "Article 14 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) The Commission shall be assisted by COSS, in accordance with the procedure referred to in

    Article 3(2) of Regulation (EC) No …. of the European Parliament and of the Council. 1 "

  • 3) 
    In Article 15 the following paragraph is added:

    "The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No …..”

    Article 11 Amendment of Directive 2001/25/EC i

Directive 2001/25/EC i of the European Parliament and of the Council 2 is amended as follows:

  • 1) 
    Article 1 is amended as follows: a) In points 16, 17 and 24 the words "as in force on 25 May 1998" are replaced by the words "in force".
    • b) 
      In points 18, 22 and 23 the words "as in force on 25 May 1998" are replaced by the words "in force".
    • c) 
      In point 21 the words "as in force on 25 May 1998" are replaced by the words "in force".

1 OJ L

6445/02 25

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  • 2) 
    In Article 22 the following paragraph is added:

"4. The amendments to the international instruments referred to in Article 1 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation (EC) No …. of

the European Parliament and of the Council. 1 "

  • 3) 
    Article 23 is replaced by the following:

    "Article 23 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

The Commission shall be assisted by COSS, in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No …."

Article 12 Amendment of Directive 2001/96 i

Directive 2001/96/EC i of the European Parliament of of the Council 2 is amended as follows:

  • 1) 
    In Article 3, paragraph 2, the words "on 4 December 2001" are deleted.
  • 2) 
    Article 14 is replaced by the following:

    "Article 14 Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)

    The Commission shall be assisted by COSS, in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No..."

1 OJ L

2 OJ L 13, 16.1.2002, p. 9.

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  • 3) 
    Article 15 is amended as follows: a) in paragraphs 1 and 2, the words "Article 14(2)" are replaced by the words "Article 14", b) the following paragraph is added: "3. The amendments to the international instruments referred to in Article 3 may be excluded from the scope of this Directive, pursuant to Article 4 of Regulation 'EC) No ... of

    the European Parliament and of the Council. 1 "

    Article 13 Application

  • 1. 
    Member States shall bring into force the laws, regulations and administrative provisions

necessary to comply with this Directive no later than .... 2 They shall forthwith inform the

Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

  • 2. 
    The Member States shall notify to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.

1 OJ L

2 Twelve months after the entry into force of the Directive.

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Article 14 Entry into force This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

Article 15 Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

____________________

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3.

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