关于执行欧盟 (EC)No. 417/2002 ( EC)No. 782/2003 等法规的有关注意事项

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1 No. 104 Jan. 14, 2008 关于执行欧盟 (EC)No. 417/2002 ( EC)No. 782/2003 等法规的有关注意事项 各船公司 : 根据本社近期收悉有关船旗国的通知, 就执行以下两个欧盟法规有关注意事项, 通告如下 : 1. 经欧盟第 (EC)No.1726/2003 号法规修正的第 (EC)No.417/2002 号法规关于加速采用双壳油轮或符合等效设计要求的油轮 2. 欧盟第 (EC)No.782/2003 号法规关于禁止船舶使用有机锡化合物涂料 一 欧盟经第 (EC)No.1726/2003 号法规修正的关于加速采用双壳油轮或符合等效设计要求的油轮之第 (EC)No.417/2002 号法规经修正的欧盟第 (EC)No.417/2002 号法规 4(3) 和 4(5) 条规定如下 : 4(3): ( 所有 600 总吨及以上 ) 载运重质油的油轮, 无论其悬挂何国国旗, 除非满足双壳油轮之要求, 否则不允许其挂靠欧盟成员国所辖港口 海上终端或在其所辖水域抛锚 4(5): ( 所有 600 总吨及以上 ) 但小于 5000 总吨 载运重质油的油轮, 应不迟于 2008 的交船日期周年日, 满足上述 4(3) 的要求 因此各船公司应注意 : 对 600 总吨及以上但小于 5000 总吨的油轮, 如在 2008 年的交船日期周年日后需继续载运重质油, 应满足 MARPOL 附则 I 及欧盟法规对双壳油轮的要求, 为此要提前做好相关改造准备并向船级社申请审图和改造检验 ( 对于 5000 总吨及以上载运重质油的油轮, 按 MARPOL 附则 I 修正案 13H 规定于 2005 年 4 月 5 日前满足双壳油轮要求, 在此不作详述 ) 另请注意有关船旗国就执行该欧盟法规的特殊规定如下 : 塞浦路斯主管当局 (Circular No.26/2007,Dated ) 强调 : 如果船舶违反 1 / 3

2 CCS Classification Information No.104 Jan.14, 2008 该法规将受其第 121(I)/2004 号法规的处罚 希腊主管当局 (RN:4241.1/12/07, Dated: ) 就执行上述 4(5) 条时有关交船日期周年日, 授权澄清如下 : 悬挂希腊旗的适用油轮, 该交船日期周年日可理解为 2008 年 12 月 31 日 二 欧盟第 (EC)No.782/2003 号法规关于禁止船舶使用有机锡化合物涂料本社于 2006 年 3 月 21 日颁发了技术处总第 178 号通函 关于尽早实施国际控制船舶有害防污底系统公约 (AFS 公约 ) 检验发证有关要求的通知 ( 通函电子文档可在本社网址 下载 ), 通函对 AFS 公约内容要求 生效情况 欧盟政策及我社产品检验发证要求 新造船及现有船的检验发证要求等均做了详细说明, 具体内容参见通函, 在此不再复述 现该国际公约已经于 2007 年 9 月 17 日满足生效条款的要求, 将于 2008 年 9 月 17 日正式生效实施 根据国际海事组织 颁布的 IMO INFORMATION, 接受 AFS 公约的国家有 : Antigua & Barbuda, Australia, Bulgaria, Cook Islands, Croatia, Cyprus, Denmark, France, Greece, Japan, Kiribati, Latvia, Lithuania, Luxembourg, Mexico, Nigeria, Norway, Poland, Romania, Saint Kitts and Nevis, Slovenia, Spain, Sweden, Tuvalu, Panama 等共 25 个国家 其中授权本社签发法定证书 ( 含国际防污底系统证书 ) 的国家包括塞浦路斯 马耳他 希腊和巴拿马四国, 其中除巴拿马外均为欧盟成员国 针对船舶防污底系统要求, 欧盟采取单边政策, 于 发布的欧盟法规 (EC) No. 782/2003 关于禁止船舶使用含有机锡化合物 (Organotin Compounds) 涂料, 相关规定已于 2008 年 1 月 1 日起执行 欧盟法规主要内容为 ( 详见所附法规英文版 ): 1. 从 开始禁止欧盟船舶使用含有机锡化合物的船舶防污系统 2. 从 开始禁止涂有含有机锡化合物防污系统 或未涂有隔离含有机锡化合物防污系统之封闭漆 (seal coat) 的船舶进入欧盟港口 3. 上述 2. 要求适用于悬挂欧盟成员国国旗或虽未悬挂欧盟成员国国旗但在其监管之下 以及所有进出欧盟成员国所辖港口 / 海上终端的船舶 适用船舶自 起 : (1)400 总吨及以上船舶, 对悬挂欧盟成员国国旗船舶需持有 国际防污底系统证书, 对悬挂非欧盟成员国国旗船舶需持有 防污底系统符合证明 ;( 2 ) 400 总吨以下但船长大于 24 米的船舶, 应持有一份由船东或其授权人员签署的 防污底系统声明 作为 2 / 4

3 CCS Classification Information No.104 Jan.14, 2008 船舶满足防污底要求的证据, 该声明必须附有适当的凭证 ( 如油漆收据或合同发票 ) 或适当的签署 因此各船公司应注意 : (1) 对于 400 总吨及以上的适用船舶, 悬挂欧盟成员国国旗 ( 目前授权本社检验发证的有希腊 马耳他 塞浦路斯等 ) 但尚未持有 国际防污底系统证书 的或悬挂但非欧盟成员国国旗的尚未持有 防污底系统符合证明 的, 应按本社技术处总第 178 号通函要求尽早向本社申请防污底初次检验 ( 对营运船通常结合坞检进行 ) (2) 对于 400 总吨以下但船长大于 24 米的适用船舶, 应持有由船东或其授权人员签发的 防污底系统声明 ( 格式参见欧盟第 (EC)No.782/2003 号法规附件 III, 参见附件 ), 并附有适当的凭证 ( 如油漆收据或合同发票 ) 或适当的签署 (3) 对现仍持有 防污底系统符合证明 的希腊 马耳他 塞浦路斯旗船舶, 应尽快向本社申请换发 国际防污底系统证书 (4) 对已经持有 防污底系统符合证明 的巴拿马旗船舶, 应注意于 2008 年 9 月 17 日后及时向本社申请换发 国际防污底系统证书 有关船旗国就执行该欧盟法规特殊规定如下 : 塞浦路斯主管当局 (Circular No.27/2007,Dated ) 强调 : 船级社在给塞旗船舶签发 国际防污底系统证书 时, 应注意执行欧盟第 782/2003 号法规的要求 ; 对于不满足所述欧盟法规要求的船舶, 将不允许注册为塞浦路斯船籍 ; 根据主管当局第 20/2001 号通函要求, 船级社在船舶变更注册时签发的确认船级的声明中, 应加入以下文字 The vessel is complying with the Regulation EC No. 782/2003 on the prohibition of organotin compounds on ships ( 船舶满足欧盟第 782/2003 号法规关于禁止船舶使用有机锡化合物涂料之要求 ) 如果船舶违反该欧盟法规要求将受其第 167(I)/2004 号法规的处罚 马耳他主管当局 (MSN No.76,Dated ) 特别提醒船公司注意 : 对于总吨位小于 400 总吨但船长大于 24 米的适用船舶, 应持有一份由船东或其授权人员签署的 防污底系统声明 ( 采用欧盟第 782/2003 号法规附则 III 的格式 ) 作为船舶满足防污底要求的证据, 以免在欧盟港口国检查中可能引起的滞留或延误 该声明必须附有适当的凭证 ( 如油漆收据或合同发票 ) 或适当的签署 特此通告! 3 / 4

4 CCS Classification Information No.104 Jan.14, 2008 ( 此页无正文 ) 中国船级社营运入级处 2008 年 1 月 14 日 附件 : (1) 欧盟法规 (EC)No.417/2002( 共 5 页 ) (2) 欧盟法规 (EC)No.1726/2003( 共 4 页 ) (3) 欧盟法规 (EC)No.782/2003( 共 11 页 ) (4) 塞浦路斯通函 Circular No.26/2007( 共 2 页 ) (5) 塞浦路斯通函 Circular No.27/2007( 共 2 页 ) (6) 马耳他商船通告 MSN No.76( 共 1 页 ) 4 / 4

5 EN Official Journal of the European Communities L 64/1 I (Acts whose publication is obligatory) REGULATION (EC) No 417/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94 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: (5) By its Resolution of 8 June 1993 on a common policy on safe seas ( 6 ), the Council fully supported the objectives of the Commission communication. (6) In its Resolution on the oil slick off the French coast adopted on 20 January 2000, the European Parliament welcomed any efforts by the Commission to bring forward the date by which oil tankers will be obliged to have a double-hull construction. (7) The International Maritime Organisation (IMO) has established, in the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocol of 1978 related thereto (MARPOL 73/78), internationally agreed pollution prevention rules affecting the design and operation of oil tankers. Member States are Parties to MARPOL 73/78. (1) Within the framework of the common transport policy, further measures must be taken to enhance safety and prevent pollution in maritime transport. (2) The Community is seriously concerned by the shipping accidents involving oil tankers and the associated pollution of its coast-lines and harm to its fauna and flora and other marine resources. (3) In its communication a common policy on safe seas, the Commission underlined the request of the extraordinary Council on Environment and Transport of 25 January 1993 to support the action in the International Maritime Organisation (IMO) on the reduction of the safety gap between new and existing ships by upgrading and/or phasing out existing ships. (4) In its Resolution on a common policy on safe seas ( 5 ), the European Parliament welcomed the Commission communication and called in particular for action to be taken to improve tanker safety standards. ( 1 ) OJ C 212 E, , p. 121 and OJ C 154 E, , p. 41. ( 2 ) OJ C 14, , p. 22. ( 3 ) OJ C 22, , p. 19. ( 4 ) Opinion of the European Parliament of 30 November 2000 (OJ C 228, , p. 140), Council Common Position of 7 August 2001 (OJ C 307, , p. 41) and Decision of the European Parliament of 13 December ( 5 ) OJ C 91, , p ( 6 ) OJ C 271, , p. 1. (8) According to Article 3.3 of MARPOL 73/78, that Convention does not apply to warships, naval auxiliary or other ships owned or operated by a State and used only for government non-commercial services. (9) Comparison of tanker age and accident statistics shows increasing accident rates for older ships. It has been internationally agreed that the adoption of the 1992 amendments to MARPOL 73/78 requiring the application of the double hull or equivalent design standards to existing single hull oil tankers when they reach a certain age will provide those tankers with a higher degree of protection against accidental oil pollution in the event of collision or stranding. (10) It is in the Community's interest to adopt measures to ensure that oil tankers entering into ports and offshore terminals under the jurisdiction of Member States and that oil tankers flying the flags of Member States comply with Regulation 13G of Annex I of MARPOL 73/78 as revised in 2001 by Resolution MEPC 95(46) in order to reduce the risk of accidental oil pollution in European waters.

6 L 64/2 EN Official Journal of the European Communities (11) Amendments to the MARPOL 73/78 Convention adopted by the IMO on 6 March 1992 entered into force on 6 July These measures impose double hull or equivalent design requirements for oil tankers delivered on or after 6 July 1996 aimed at preventing oil pollution in the event of collision or stranding. Within these amendments, a phasing-out scheme for single hull oil tankers delivered before that date took effect from 6 July 1995 requiring tankers delivered before 1 June 1982 to comply with the double hull or equivalent design standards not later than 25 years and, in some cases, 30 years after the date of their delivery. Such existing single hull oil tankers would not be allowed to operate beyond 2007 and, in some cases, 2012 unless they comply with the double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78. For existing single hull oil tankers delivered after 1 June 1982 or those delivered before 1 June 1982 and which are converted, complying with the requirements of MARPOL 73/78 on segregated ballast tanks and their protective location, this deadline will be reached at the latest in (12) New important amendments to Regulation 13G of Annex I of MARPOL 73/78 were adopted on 27 April 2001 by the 46th session of the IMO Marine Environment Protection Committee (MEPC-46) by Resolution MEPC 95(46), entering into force on 1 September 2002, in which a new accelerated phasing-out scheme for single hull oil tankers was introduced. The respective final dates by which tankers must comply with Regulation 13F of Annex I of MARPOL 73/78 depend on the size and age of the ship. Oil tankers are therefore in that scheme divided into three categories according to their tonnage, construction and age. All these categories, including the lowest one (3), are important for intra- Community trade. (13) The final date by which a single hull oil tanker is to be phased out is the anniversary of the date of delivery of the ship, according to a schedule starting in 2003 until 2007 for Category (1) oil tankers, and until 2015 for Category (2) and (3) oil tankers. with a Condition Assessment Scheme (CAS), adopted on 27 April 2001 by IMO in Resolution MEPC 94(46). The CAS imposes an obligation that the flag State administration issues a Statement of Compliance and is involved in the CAS survey procedures. (16) Paragraph 5 of the said Regulation allows for an exception for Category (2) and (3) oil tankers to operate, under certain circumstances, beyond the time-limit of their phasing-out. Paragraph 8b of the same Regulation gives the right for Parties to the MARPOL 73/78 Convention to deny entry into the ports or offshore terminals under their jurisdiction of oil tankers allowed to operate under this exception. Member States have declared their intention to use the right. Decision to have recourse to this right has to be communicated to the IMO. (17) It is important to ensure that the provisions in this Regulation do not endanger the safety of crew or oil tankers in search of a safe haven or a place of refuge. (18) In order to allow shipyards in Member States to repair single hull oil tankers, Member States may make exceptions to allow entry into their ports of such vessels, provided they are not carrying any cargo. (19) It should be possible to amend certain provisions of this Regulation so as to bring them into line with international instruments adopted, amended or entering into force after the entry into force of this Regulation without broadening its scope. Such amendments should be adopted in accordance with Council Decision 1999/ 468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 1 ). (20) In view of the approaching deadline for single hull oil tankers which do not comply with the requirements of MARPOL 73/78 on segregated ballast tanks and their protective location, and given that this is most relevant for Category (1) tankers, there are no reasons to maintain the differential charging system for which Regulation (EC) No 2978/94 ( 2 ) provides between such oil tankers and oil tankers that comply with the said requirements beyond 2007, and therefore Regulation (EC) No 2978/94 should be repealed, HAVE ADOPTED THIS REGULATION: (14) The revised Regulation 13G of Annex I of MARPOL 73/78 maintains the requirements for Category (1) tankers, after 25 years, to have wingtanks or double bottoms in protective locations not used for the carriage of cargo or to operate only with hydrostatically balanced loading. (15) That same Regulation introduces a requirement that Category (1) and (2) oil tankers may only continue to operate after the anniversary of the date of their delivery in 2005 and 2010 respectively subject to compliance Article 1 Purpose The purpose of this Regulation is to establish an accelerated phasing-in scheme for the application of the double hull or equivalent design requirements of the MARPOL 73/78 Convention to single hull oil tankers. ( 1 ) OJ L 184, , p. 23. ( 2 ) Council Regulation (EC) No 2978/94 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 (OJ L 319, , p. 1).

7 EN Official Journal of the European Communities L 64/3 Article 2 Scope 1. This Regulation shall apply to oil tankers of tons deadweight and above: entering into a port or offshore terminal under the jurisdiction of a Member State, irrespective of their flag, or flying the flag of a Member State. 2. This Regulation shall not apply to any warship, naval auxiliary or other ship, owned or operated by a State and used, for the time being, only on government non-commercial service. Member States shall, so far as is reasonable and practicable, endeavour to respect this Regulation for the ships referred to in this paragraph. Article 3 Definitions For the purpose of this Regulation, the following definitions shall apply: 1. MARPOL 73/78 shall mean the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto together with the amendments thereto, in force on 18 February 2002; 2. revised Regulation 13G of Annex I of MARPOL 73/78 shall mean the amendments to Regulation 13G of Annex I to MARPOL 73/78 and to the Supplement to the IOPP Certificate, as adopted by Resolution MEPC 94(46) of 27 April 2001 which enters into force on 1 September 2002; 3. oil tanker shall mean an oil tanker as defined in Regulation 1(4) of Annex I of MARPOL 73/78; 4. deadweight shall mean deadweight as defined in Regulation 1(22) of Annex I of MARPOL 73/78; 5. new oil tanker shall mean a new oil tanker as defined in Regulation 1(26) of Annex I of MARPOL 73/78; 6. category (1) oil tanker shall mean an oil tanker of tons deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of tons deadweight and above carrying oil other than the above, which does not comply with the requirements for new oil tankers as defined in Regulation 1(26) of Annex I of MARPOL 73/78; 7. category (2) oil tanker shall mean an oil tanker of tons deadweight and above carrying crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of tons deadweight and above carrying oil other than the above, which complies with the requirements for new oil tankers as defined in Regulation 1(26) of Annex I of MARPOL 73/78; 8. category (3) oil tanker shall mean an oil tanker of tons deadweight and above but less than that specified in definitions 6 and 7; 9. single hull oil tanker shall mean an oil tanker not meeting the double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78; 10. double hull oil tanker shall mean an oil tanker meeting the double hull or equivalent design requirements of Regulation 13F of Annex I of MARPOL 73/78; 11. age shall mean the age of the ship, expressed in number of years after the date of its delivery; 12. heavy diesel oil shall mean diesel oil as defined in revised Regulation 13G of Annex I of MARPOL 73/78; 13. fuel oil shall mean heavy distillates or residues from crude oil or blends of such materials as defined in revised Regulation 13G of Annex I of MARPOL 73/78. Article 4 Compliance with the double hull or equivalent design requirements by single hull oil tankers 1. No oil tanker shall be allowed to operate under the flag of a Member State, nor shall any oil tanker, irrespective of its flag, be allowed to enter into ports or offshore terminals under the jurisdiction of a Member State after the anniversary of the date of delivery of the ship in the year specified hereafter, unless such tanker is a double hull oil tanker: (a) for category (1) oil tankers: 2003 for ships delivered in 1973 or earlier, 2004 for ships delivered in 1974 and 1975, 2005 for ships delivered in 1976 and 1977, 2006 for ships delivered in 1978, 1979 and 1980, 2007 for ships delivered in 1981 or later; (b) for category (2) oil tankers: 2003 for ships delivered in 1973 or earlier, 2004 for ships delivered in 1974 and 1975, 2005 for ships delivered in 1976 and 1977, 2006 for ships delivered in 1978 and 1979, 2007 for ships delivered in 1980 and 1981, 2008 for ships delivered in 1982, 2009 for ships delivered in 1983, 2010 for ships delivered in 1984, 2011 for ships delivered in 1985, 2012 for ships delivered in 1986, 2013 for ships delivered in 1987, 2014 for ships delivered in 1988, 2015 for ships delivered in 1989 or later;

8 L 64/4 EN Official Journal of the European Communities (c) for category (3) oil tankers: 2003 for ships delivered in 1973 or earlier, 2004 for ships delivered in 1974 and 1975, 2005 for ships delivered in 1976 and 1977, 2006 for ships delivered in 1978 and 1979, 2007 for ships delivered in 1980 and 1981, 2008 for ships delivered in 1982, 2009 for ships delivered in 1983, 2010 for ships delivered in 1984, 2011 for ships delivered in 1985, 2012 for ships delivered in 1986, 2013 for ships delivered in 1987, 2014 for ships delivered in 1988, 2015 for ships delivered in 1989 or later. 2. A Category (1) oil tanker of 25 years and over after the date of its delivery shall comply with either of the following provisions: (a) it shall have wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements of Regulation 13E(4) of Annex I of MARPOL 73/78, cover at least 30 % of L t, for the full depth of the ship on each side or at least 30 % or the projected bottom shell area within L t where L t is as defined in Regulation 13E(2) of Annex I of MARPOL 73/78, or (b) it shall operate with hydrostatically balanced loading, taking into account the guidelines developed by the IMO Resolution MEPC 64(36). Article 5 Compliance with the Condition Assessment Scheme for Category (1) and Category (2) ships 1. An oil tanker shall not be allowed to enter into ports or offshore terminals under the jurisdiction of a Member State beyond the anniversary of the date of delivery of the ship, in 2005 for Category (1) ships, and in 2010 for Category (2) ships, unless it complies with the Condition Assessment Scheme referred to in Article The competent authorities of a Member State may allow an oil tanker flying the flag of that Member State to continue operation beyond the anniversary of the date of delivery of the ship in 2005 for Category (1) ships and in 2010 for Category (2) ships, but only when subject to compliance with the Condition Assessment Scheme referred to in Article 6. Article 6 Condition Assessment Scheme For the purposes of Article 5, the Condition Assessment Scheme adopted by MEPC Resolution 94(46) of 27 April 2001 shall apply. Article 7 Final date After the anniversary of the date of delivery of the ship in 2015: the continued operation, in accordance with paragraph 5 of revised Regulation 13G of Annex I to MARPOL 73/78, of Category (2) and Category (3) oil tankers under the flag of a Member State, and the entry into the ports or offshore terminals under the jurisdiction of a Member State of other Category (2) and Category (3) oil tankers, irrespective of the fact that they continue to operate under the flag of a third State in accordance with paragraph 5 of revised Regulation 13G of Annex I to MARPOL 73/78, shall no longer be allowed. Article 8 Exemptions for ships in difficulty or for ships to be repaired 1. By way of derogation from Articles 4, 5 and 7, the competent authority of a Member State may, subject to national provisions, allow, under exceptional circumstances, an individual ship to enter the ports or offshore terminals under the jurisdiction of that Member State, when: an oil tanker is in difficulty and in search of a place of refuge, an unloaded oil tanker is proceeding to a port of repair. 2. Member States shall, in due time, but before 1 September 2002, communicate to the Commission the provisions of national law which they will apply in the circumstances referred to in paragraph 1. The Commission shall inform the other Member States thereof. Article 9 Notification to the IMO 1. The Presidency of the Council, acting on behalf of the Member States, and the Commission shall jointly inform the IMO of the adoption of this Regulation, whereby reference shall be made to Article 211, paragraph 3 of the United Nations Convention on the Law of the Sea. 2. Each Member State shall inform the IMO of its decision to deny entry of oil tankers, pursuant to Article 7 of this Regulation, operating in accordance with the provisions of paragraph 5 of revised Regulation 13G of Annex I of MARPOL 73/78 into the ports or offshore terminals under its jurisdiction, on the basis of paragraph 8(b) of revised Regulation 13G of Annex I of MARPOL 73/78.

9 EN Official Journal of the European Communities L 64/5 3. Each Member State shall notify the IMO if it allows, suspends, withdraws or declines the operation of a Category (1) or a Category (2) oil tanker entitled to fly its flag, in accordance with Article 5, on the basis of paragraph 8(a) of revised Regulation 13G of Annex I of MARPOL 73/78. Article 10 Committee procedure 1. The Commission shall be assisted by the committee set up pursuant to Article 12(1) of Council Directive 93/ 75/EEC ( 1 ), hereinafter referred to as the Committee. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. Article 11 Amendment procedure The references in the Articles of this Regulation to the regulations of Annex I of MARPOL 73/78 and to Resolutions MEPC 94(46) and 95(46) shall, if appropriate, be amended in accordance with the procedure referred to in Article 10(2), in order to bring the references into line with amendments to these regulations and resolutions adopted by the IMO, in so far as such amendments do not broaden the scope of this Regulation. Article 12 Repeal Council Regulation (EC) No 2978/94 is hereby repealed as from 31 December Article 13 Entry into force This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities. It shall apply from 1 September This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 February For the European Parliament The President P. COX For the Council The President J. PIQUÉ I CAMPS ( 1 ) 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 (OJ L 247, , p. 19). Directive as last amended by Commission Directive 98/74/EC (OJ L 276, , p. 7).

10 EN L 249/1 I (Acts whose publication is obligatory) REGULATION (EC) No 1726/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 July 2003 amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers 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 European Economic and Social Committee ( 2 ), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 3 ), Whereas: (1) Regulation (EC) No 417/2002 ( 4 ) establishes an accelerated phasing-in scheme for the application of the double-hull or equivalent design requirements of the Marpol 73/78 Convention to single-hull oil tankers, to reduce the risk of accidental oil pollution in European waters. (2) The Commission and the Member States should make every effort to ensure that rules similar to those contained in this Regulation amending Regulation (EC) No 417/2002 can be established in 2003 at a worldwide level, through an amendment of the Marpol Convention. Both the Council and the Commission welcome the willingness of the International Maritime Organisation (IMO) to hold an additional meeting of the Marine Environment Protection Committee (MEPC) in December 2003 to facilitate an international solution regarding the accelerated phasing-out of single-hull oil tankers and the introduction, in the short term, of a ban on single-hull oil tankers carrying heavy grades of oil. (3) The Community is seriously concerned that the age limits for the operation of single-hull oil tankers in Regulation (EC) No 417/2002 are not sufficiently stringent. Particularly in the wake of the shipwreck of the ( 1 ) Not yet published in the Official Journal. ( 2 ) OJ C 133, , p. 97. ( 3 ) Opinion of the European Parliament of 4 June 2003 (not yet published in the Official Journal) and Council Decision of 22 July ( 4 ) OJ L 64, , p. 1. Regulation as amended by Regulation (EC) No 2099/2002 (OJ L 324, , p. 1). category 1 single-hull oil tanker Prestige of the same age as Erika (26 years) those age limits should be further lowered. (4) The communication from the Commission to the European Parliament and to the Council on the safety of the seaborne oil trade proposed age limits of 23, 28 and 25 to 30 years respectively for three categories of singlehull oil tankers, and the final end-dates of 2005, 2010 and 2015 respectively, for such tankers. The initial proposal from the Commission provided that the regulation should apply to oil tankers from 600 tonnes deadweight and above. The limits eventually included in Regulation (EC) No 417/2002 were, following negotiations, less stringent on all accounts. (5) The communication from the Commission to the European Parliament and to the Council on improving safety at sea in response to the Prestige incident stated that the Commission intended to propose a regulation prohibiting the transport of heavy fuel oil in singlehulled tankers bound for or leaving ports in the Member States. (6) The Council conclusions of 6 December 2002 invited the Commission to present as a matter of urgency a proposal concerning an accelerated phasing-out of single-hull tankers and incorporating the condition assessment scheme for tankers, regardless of the design, from the age of 15 years. The Council further agreed that heavy grades of oil should only be transported in double-hull oil tankers. (7) The accelerated phasing-out of single-hull vessels will lead to a significant increase in the number of vessels for scrapping, and an effort should be made to ensure that scrap vessels are processed in a way which is safe for human beings and the environment. (8) The condition assessment scheme is designed to detect structural weaknesses in ageing oil tankers and should therefore, from 2005, apply to all oil tankers above the age of 15 years.

11 L 249/2 EN (9) The European Parliament in its resolution on the Prestige oil tanker disaster off the coast of Galicia of 21 November 2002 called for stronger measures that can enter into force more rapidly, and stated that this new disaster has again underlined the need for effective action at international and EU level in order significantly to improve maritime safety. (10) The Commission should be given a mandate by the Council and the Member States to enable it to negotiate the adoption of the provisions of this Regulation in the IMO. (11) As the rapidly increasing volume of oil transported through the Baltic Sea poses a threat to the marine environment, especially during the winter season, oil tankers entering or leaving a port or an offshore terminal or anchoring in an area under the jurisdiction of a Member State in that region should have ice-strengthening of the ship's structure and propulsion machinery which meets the requirements of the administration of the Member State when the ice conditions require the use of an ice-strengthened vessel. (12) It is essential to persuade third countries, particularly candidate countries and countries which are neighbours of the EU, to undertake to stop the use of single-hull oil tankers. (13) Freight or container ships often contain heavy fuel oil (HFO) as engine fuel in their bunkers, the quantity of which may considerably exceed the cargoes of smaller oil tankers. The Commission should submit a proposal to the European Parliament and the Council as soon as possible in order to ensure that for new ships bunker oil for engine fuel purposes is also stored in safe, doublewalled tanks. (14) European shipyards have the necessary know-how to build double-hulled tankers. The Commission and the Member States should accordingly strive to ensure, by means of the appropriate instruments and programmes, that the increased demand for safe double-hulled tankers resulting from this Regulation has a positive impact on the Community's shipbuilding industry. (15) Regulation (EC) No 417/2002 should be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 417/2002 is hereby amended as follows: 1. In Article 1, the following shall be added:, and to ban the transport to or from ports of the Member States of heavy grades of oil in single-hull oil tankers. 2. In Article 2, paragraph 1 shall be replaced by the following: 1. This Regulation shall apply to oil tankers of tonnes deadweight and above: entering or leaving a port or offshore terminal or anchoring in an area under the jurisdiction of a Member State, irrespective of their flag, or flying the flag of a Member State. For the purpose of Article 4(3), this Regulation shall apply to oil tankers of 600 tonnes deadweight and above. 3. Article 3 shall be amended as follows: (a) point 10 shall be replaced by the following: 10. double-hull oil tanker shall mean an oil tanker meeting the double-hull or equivalent design requirements of Regulation 13F of Annex I to Marpol 73/78. An oil tanker meeting the provisions of paragraph 1(c) of revised Regulation 13G of Annex I to Marpol 73/78 is also considered to be a double-hull oil tanker; (b) the following point shall be added: 14. heavy grades of oil shall mean: (a) crude oils with a density at 15 C of over 900 kg/m 3 (*); (b) fuel oils with a density at 15 C of over 900 kg/m 3 or a kinematic viscosity at 50 C of over 180 mm 2 /s (**); (c) bitumen and tar and emulsions thereof; (*) Corresponding to an API grade of less than 25,7. (**) Corresponding to a kinematic viscosity of over 180 cst. 4. Article 4 shall be amended as follows: (a) in paragraph 1, points (a) and (b) shall be replaced by the following: (a) for category 1 oil tankers: 2003 for ships delivered in 1980 or earlier, 2004 for ships delivered in 1981, 2005 for ships delivered in 1982 or later; (b) for category 2 and 3 oil tankers: 2003 for ships delivered in 1975 or earlier, 2004 for ships delivered in 1976,

12 L 249/3 EN 2005 for ships delivered in 1977, 2006 for ships delivered in 1978 and 1979, 2007 for ships delivered in 1980 and 1981, 2008 for ships delivered in 1982, 2009 for ships delivered in 1983, 2010 for ships delivered in 1984 or later; (b) point (c) shall be deleted; (c) the following paragraph shall be inserted: 2. Notwithstanding paragraph 1, oil tankers of category 2 or 3 which are equipped only with double bottoms or double sides not used for the transport of oil and extending for the whole length of the cargo tank, or with double-hulled spaces not used for the transport of oil and extending for the whole length of the cargo tank, but which do not meet the conditions for exemption from the provisions of paragraph 1(c) of revised Regulation 13G of Annex I to Marpol 73/78, may continue to be operated after the date referred to in paragraph 1, but not beyond the anniversary of the date of delivery of the ship in the year 2015 or the date on which the ship reaches the age of 25 years from its date of delivery, whichever is the sooner. (d) the current paragraph 2 shall be replaced by the following: 3. No oil tanker carrying heavy grades of oil, irrespective of its flag, shall be allowed to enter or leave ports or offshore terminals or to anchor in areas under the jurisdiction of a Member State, unless such tanker is a double-hull oil tanker. or leave a port or offshore terminal or anchor in an area under the jurisdiction of that Member State, provided that the heavy grades of oil are transported only in the vessel's central tanks. 5. Article 5 shall be replaced by the following: Article 5 Compliance with the condition assessment scheme for Category 2 and 3 ships Irrespective of its flag, a single-hull oil tanker above 15 years of age shall not be allowed to enter or leave ports or offshore terminals or anchor in areas under the jurisdiction of a Member State beyond the anniversary of the date of delivery of the ship, in 2005 for category 2 and category 3 ships, unless it complies with the condition assessment scheme referred to in Article Article 6 shall be replaced by the following: Article 6 Condition assessment scheme For the purposes of Article 5, the condition assessment scheme adopted by MEPC Resolution 94 (46) of 27 April 2001, as amended, shall apply. 7. In Article 8, the introductory phrase to paragraph 1 shall be replaced by the following: 1. By way of derogation from Articles 4, 5 and 7, the competent authority of a Member State may, subject to national provisions, allow, under exceptional circumstances, an individual ship to enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of that Member State, when: (e) the following paragraphs shall be added: 4. Oil tankers operated exclusively in ports and inland navigation may be exempted from the obligation under paragraph 3 provided that they are duly certified under inland waterway legislation. 5. Oil tankers with a deadweight of less than tonnes must comply with the provisions of paragraph 3 no later than the anniversary of the date of delivery of the ship in the year Article 2 The Presidency of the Council, acting on behalf of the Member States, and the Commission shall jointly inform the IMO of the adoption of this Regulation, whereby reference shall be made to Article 211(3) of the United Nations Convention on the Law of the Sea. 6. Until 21 October 2005 a Member State may, in cases where ice conditions require the use of an icestrengthened vessel, allow ice-strengthened single-hull oil tankers, equipped with double bottoms not used for the transport of oil and extending over the entire length of the cargo tank, carrying heavy grades of oil, to enter Article 3 This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

13 L 249/4 EN This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 July For the European Parliament The President P. COX For the Council The President G. ALEMANNO

14 EN L 115/1 I (Acts whose publication is obligatory) REGULATION (EC) No 782/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 April 2003 on the prohibition of organotin compounds on ships 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 European Economic and Social Committee ( 2 ), (6) The AFS-Convention will only enter into force 12 months after its ratification by at least 25 States representing at least 25 % of the world's tonnage. (7) Member States should ratify the AFS-Convention at the earliest opportunity. Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 3 ), Whereas: (1) The Community is seriously concerned by the harmful environmental effects of organotin compounds used as anti-fouling systems on ships, and in particular of tributyltin (TBT) coatings. (2) An International Convention on the control of harmful anti-fouling systems on ships (AFS-Convention) was adopted on 5 October 2001 at a Diplomatic Conference (AFS-Conference) held under the aegis of the International Maritime Organisation (IMO) with the attendance of Member States of the Community. (3) The AFS-Convention is a framework convention allowing the prohibition of harmful anti-fouling systems used on ships in accordance with well-defined procedures and having due regard to the precautionary principle expressed in the Rio Declaration on Environment and Development. (8) Member States should be put in the best possible position for a speedy ratification of the AFS-Convention. Any obstacles which might impede such ratification should be removed. (9) The AFS-Conference, aware that the time remaining until 1 January 2003 might not be sufficient to enable the entry into force of the AFS-Convention by that date, and desiring that organotin compounds should effectively cease to be applied in shipping as from 1 January 2003, requested in AFS-Conference Resolution No 1 that IMO Member States do their utmost to prepare for implementing the AFS-Convention as a matter of urgency, and urged the relevant industries to refrain from the marketing, sale and application of organotin compounds by that date. (4) The AFS-Convention, at this stage, only prohibits the application of organotin compounds on ships. (5) Fixed application dates have been included in the AFS- Convention: 1 January 2003 for the prohibition of the application of organotin compounds on ships and 1 January 2008 for the elimination of the presence of organotin compounds on ships. ( 1 ) OJ C 262 E, , p ( 2 ) Opinion delivered on 11 December 2002 (not yet published in the Official Journal). ( 3 ) Opinion of the European Parliament of 20 November 2002 (not yet published in the Official Journal) and Decision of the Council of 17 March ( 4 ) OJ L 183, , p. 58. (10) As an immediate follow-up to the AFS-Conference the Commission adopted Commission Directive 2002/62/EC of 9 July 2002 adapting to technical progress for the ninth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds) ( 4 ) in order to prohibit, with effect from 1 January 2003, the marketing and use of organostannic compounds in anti-fouling systems for all ships, irrespective of their length.

15 L 115/2 EN (11) In the light of AFS-Conference Resolution No 1, additional steps are necessary for the implementation of measures concerning organotin compounds in order to ensure a general ban on TBT coating used on ships throughout the Community and its surrounding seas on the dates provided for by the AFS-Convention. (12) A Regulation is the appropriate legal instrument as it imposes on shipowners and Member States, directly and within a short time frame, precise requirements to be implemented at the same time and in the same manner throughout the Community. This Regulation, which should seek solely to prohibit organotin compounds, should not duplicate the AFS-Convention. (13) This Regulation should not affect the restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds) laid down in Directive 76/769/EEC ( 1 ). (17) The definitions used and requirements imposed in this Regulation should as far as possible be based upon those used in the AFS-convention. (18) In order to ensure its application to offshore platforms, this Regulation should also apply to ships operating under the authority of a Member State. It should not apply to any warships or other government ships since the treatment of those ships is adequately covered under the AFS-Convention. (19) Imposing, as from 1 July 2003, the prohibition of active TBT coatings on all ships which are entitled to fly the flag of a Member State and whose anti-fouling system has been applied, changed or replaced after that date, should be an incentive for the shipping industry to implement the recommendation of AFS-Conference Resolution No 1. (14) Uncertainty regarding the total prohibition of active TBT coatings should not be accepted at Community level; the world-wide shipping industry, which has to programme the maintenance of its ships, should be made aware clearly and in due time that, as from 1 January 2008, ships bearing an active TBT coating on their hulls will no longer be allowed in Community ports. (15) Third countries, particularly if they cannot benefit from the added value of a supranational regulation, might experience legal technical difficulties in imposing, through their national legislation, the prohibition on applying TBT coatings to their ships from the day on which the prohibition enters into force under this Regulation. The application of the prohibition in this Regulation on applying TBT coatings should therefore be suspended as regards ships sailing under the flag of a third State for an interim period beginning on 1 July 2003 and ending on the date of entry into force of the AFS-Convention. (16) Flag States which have banned the use of TBT coatings on their ships have an economic interest in ensuring that the AFS-Convention enters into force as soon as possible, in order to ensure a world-wide level playing field. This Regulation, which prohibits, as soon as possible, all ships flying the flag of a Member State from applying TBT coatings should constitute an incentive for flag States to ratify the AFS-Convention. ( 1 ) OJ L 262, , p Directive as last amended by Commission Directive 2003/3/EC (OJ L 4, , p. 12). (20) It is appropriate to establish the same survey and certification regime as that provided for by the AFS-Convention. Under this Regulation all ships of 400 gross tonnage and above, irrespective of the nature of their voyage, should be surveyed, whilst ships of 24 metres or more in length but less than 400 gross tonnage should only have to carry a declaration of compliance with this Regulation or with the AFS-Convention. The Community should have the right to introduce a harmonised survey regime for these ships, if this proves necessary at a later stage. (21) For ships less than 24 metres in length, it is not necessary to provide for a specific survey or declaration since these ships, mainly recreational craft and fishing vessels, will be adequately covered under the provisions of Directive 76/769/EEC. (22) Certificates and documents issued in conformity with this Regulation, as well as AFS-Certificates and AFS- Declarations issued by Parties to the AFS-Convention, should be recognised. (23) If the AFS-Convention has not entered into force by 1 January 2007, the Commission should be permitted to adopt appropriate measures allowing ships flying the flag of a third State to demonstrate their compliance with this Regulation, as well as measures to control the implementation of these provisions.

16 EN L 115/3 (24) The most appropriate regime for controlling the implementation of the prohibition of TBT coatings on ships and the requirements of the AFS-Convention is that laid down in Council Directive 95/21/EC of 19 June 1995 concerning the 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 (port State control) ( 1 ) and amendments should be made to that Directive at the appropriate time. Having regard to the specific scope of that Directive, equivalent provisions should be applied to ships flying the flag of a Member State during the interim period. (25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down procedures for the exercise of implementing powers conferred on the Commission ( 2 ). (26) In order to assess the achievement of the objective of this Regulation, the Commission should report to the European Parliament and the Council and propose, if necessary, any appropriate adjustments to the Regulation. (27) The entry into force of this Regulation should be such as to allow the effective prohibition of organotin compounds on ships as soon as possible, 2. gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention; 3. length means the length as defined in the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or any successor Convention; 4. ship means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units (FSUs) and floating production storage and off-loading units (FPSOs); 5. AFS-Convention means the International Convention on the control of harmful anti-fouling systems on ships, adopted on 5 October 2001, irrespective of its entry into force; 6. recognised organisation means a body recognised in accordance with the provisions of Council Directive 94/ 57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations ( 3 ); HAVE ADOPTED THIS REGULATION: Article 1 Objective The purpose of this Regulation is to reduce or eliminate adverse effects on the marine environment and human health caused by organotin compounds, which act as active biocides in anti-fouling systems used on ships flying the flag of, or operating under the authority of, a Member State, and on ships, regardless of the flag they fly, sailing to or from ports of the Member States. Article 2 Definitions For the purpose of this Regulation: 1. anti-fouling system means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms; ( 1 ) OJ L 157, , p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, , p. 53). ( 2 ) OJ L 184, , p AFS-Certificate means the certificate issued to ships in conformity with the provisions of Annex 4 to the AFS- Convention or, during the interim period, a certificate issued in accordance with the format laid down in Annex II to this Regulation, when it is issued by the administration of any Member State or by a recognised organisation acting on its behalf; 8. AFS-Declaration means a declaration drawn up under the provisions of Annex 4 to the AFS-Convention or, during the interim period, a declaration signed by the owner or the owner's authorised agent and drawn up in accordance with the format laid down in Annex III to this Regulation; 9. AFS-Statement of Compliance means a document recording compliance with Annex 1 to the AFS-Convention, issued by a recognised organisation on behalf of the administration of a Member State; 10. interim period means the period beginning on 1 July 2003 and ending on the date of entry into force of the AFS-Convention. ( 3 ) OJ L 319, , p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council.

17 L 115/4 EN Article 3 Scope 3. Paragraphs 1 and 2 shall not apply to fixed and floating platforms, FSUs and FPSOs constructed prior to 1 July 2003 that have not been in dry-dock on or after that date. 1. This Regulation shall apply to: (a) ships flying the flag of a Member State, (b) ships not flying the flag of a Member State but operating under the authority of a Member State, and (c) ships that enter a port or offshore terminal of a Member State but do not fall within points (a) or (b). 2. This Regulation shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. Article 6 Survey and certification 1. The following shall apply as regards the survey and certification of ships flying the flag of a Member State: (a) Ships of 400 gross tonnage and above, excluding fixed or floating platforms, FSUs and FPSOs, shall be surveyed and certified as from 1 July 2003 in accordance with the requirements laid down in Annex I, before the ship is put into service for the first time, or when the anti-fouling systems are changed or replaced. Article 4 Prohibition of the application of organotin compounds which act as biocides As from 1 July 2003, organotin compounds which act as biocides in anti-fouling systems shall not be applied or reapplied on ships. However, during the interim period this provision shall only apply to ships referred to in points (a) or (b) of Article 3(1). (b) Ships of 24 metres or more in length, but less than 400 gross tonnage, excluding fixed or floating platforms, FSUs and FPSOs, shall carry an AFS-Declaration to demonstrate compliance with Articles 4 and 5. If necessary, the Commission, in accordance with the procedure referred to in Article 9(2), may establish a harmonised survey and certification regime for these ships. (c) Member States may establish appropriate measures for ships not covered by points (a) and (b) in order to ensure compliance with this Regulation. 2. The following shall apply as regards the recognition of certificates, declarations and statements of compliance: Article 5 Prohibition of the bearing of organotin compounds which act as biocides 1. Ships entitled to fly the flag of a Member State as from 1 July 2003, and whose anti-fouling system has been applied, changed or replaced after that date, shall not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, unless they bear a coating that forms a barrier to such compounds to prevent them leaching from the underlying non-compliant anti-fouling system. 2. As from 1 January 2008 the ships referred to in Article 3(1) shall either not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, or bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant antifouling system. (a) as from 1 July 2003, Member States shall recognise any AFS-Certificate; (b) until a year after the date referred to in point (a), Member States shall recognise any AFS-Statement of Compliance; (c) as from 1 July 2003, Member States shall recognise any AFS-Declaration. These declarations shall be accompanied by appropriate documentation (such as a paint receipt or a contractor invoice) or contain an appropriate endorsement. 3. If the AFS-Convention has not entered into force by 1 January 2007, the Commission, in accordance with the procedure referred to in Article 9(2), shall adopt appropriate measures in order to allow ships flying the flag of a third State to demonstrate their compliance with Article 5.

18 EN L 115/5 Article 7 Port State control During the interim period Member States shall apply control provisions equivalent to those laid down in Directive 95/21/EC to ships of 400 gross tonnage and above flying the flag of a Member State. With regard to the inspections and detection of breaches, Member States shall be guided by the provisions of Article 11 of the AFS-Convention. If the AFS-Convention has not entered into force by 1 January 2007, the Commission, in accordance with the procedure referred to in Article 9(2), shall establish appropriate procedures for these controls. Article 8 Adaptations In order to take account of developments at international level and in particular in the International Maritime Organisation (IMO), or to improve the effectiveness of this Regulation in the light of experience, the references to the AFS-Convention, to the AFS-Certificate, to the AFS-Declaration and to the AFS- Statement of Compliance and/or the Annexes to this Regulation, including relevant IMO guidelines in relation to Article 11 of the AFS-Convention, may be amended in accordance with the procedure referred to in Article 9(2). Article 9 Committee 1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships established by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 concerning the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the regulations on maritime safety and the prevention of pollution from ships ( 1 ), hereinafter referred to as the COSS. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The COSS shall adopt its rules of procedure. Article 10 Evaluation By 10 May 2004, the Commission shall report to the European Parliament and the Council on the state of ratification of the AFS-Convention and provide information on the extent to which organotin compounds, which act as biocides in antifouling systems on ships, are still used on ships not flying the flag of a Member State operating to or from Community ports. In the light of this report the Commission may propose, if necessary, amendments to ensure accelerated reduction of the contribution by ships not flying the flag of a Member State to the presence of harmful anti-fouling compounds in the waters under the jurisdiction of Member States. Article 11 Entry into force This Regulation shall enter into force on the day following that of its publication in the. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 14 April For the European Parliament The President P. COX For the Council The President A. GIANNITSIS ( 1 ) OJ L 324, , p. 1.

19 L 115/6 EN ANNEX I Surveys and certification requirements for anti-fouling systems on ships flying the flag of a Member State 1. Surveys 1.1. Ships of 400 gross tonnage and above, excluding fixed or floating platforms, FSUs, and FPSOs, shall, as from 1 July 2003, be subject to the following: (a) an initial survey before the ship is put into service or when the ship is for the first time in a dry-dock for the application of anti-fouling systems; and (b) a survey when the anti-fouling systems are changed or replaced. Such surveys shall be endorsed on the certificate required under point The survey shall be such as to ensure that the ship's anti-fouling system fully complies with Articles 4 and 5 of this Regulation Surveys shall be carried out by officers duly authorised by the administration of the Member State, or of another Member State, or of a party to the AFS-Convention, or by a surveyor nominated for the purpose by one of those administrations, or by a recognised organisation acting on behalf of the administration Unless provided otherwise in this Regulation, Member States shall for the surveys referred to in point 1.1 follow the requirements laid down in Annex 4 to the AFS-Convention, as well as the guidelines for surveys and certification of anti-fouling systems on ships annexed to Resolution MEPC 101(48), adopted on 11 October 2002 by the Marine Environment Protection Committee of the IMO. 2. Certification 2.1. After completion of a survey referred to in point 1.1(a) or (b), a Member State which is not yet a Party to the AFS- Convention shall issue a certificate in accordance with the format laid down in Annex II. A Member State which is a Party to the AFS-Convention shall issue an AFS-Certificate A Member State may rely upon an AFS-Statement of Compliance for the demonstration of compliance with the requirements of Articles 4 and 5 of this Regulation. A certificate referred to in point 2.1 shall replace this AFS- Statement at the latest a year after the date referred to in point Member States shall require that a ship referred to in point 1.1 carries a certificate issued in accordance with point Member States shall, for the purposes of the certification referred to in point 2.1, follow the requirements laid down in Annex 4 to the AFS-Convention.

20 L 115/7 EN ANNEX II

21 L 115/8 EN

22 L 115/9 EN

23 L 115/10 EN

24 L 115/11 EN ANNEX III

25 REPUBLIC OF CYPRUS MINISTRY OF COMMUNICATIONS AND WORKS DEPARTMENT OF MERCHANT SHIPPING LEMESOS TEN December 2007 TEN Circular No. 26/2007 To all Owners, Managers, Representatives and Masters of vessels flying the Cyprus Flag and Cyprus Shipping Association Subject: Enforcement of provisions of European Regulation 417/2002 on the accelerated phasing in of double hull or equivalent design requirements for single-hull oil tankers, on oil tankers carrying heavy grades of oil with deadweight between 600 and 5000tons We would like to remind you that under Article 4(5) of Regulation (EC) 417/2002 as amended, oil tankers with deadweight between 600 and 5000 tons that carry heavy grades of oil must comply with Article 4(3) of the same Regulation no later than their anniversary date of their date of delivery in The pre-mentioned Article 4(3) stipulates that: No oil tanker carrying heavy grades of oil shall be allowed to fly the flag of a Member State unless such tanker is a double hull tanker. No oil tanker carrying heavy grades of oil, irrespective of its flag, shall be allowed to enter or leave ports or offshore terminals or to anchor in areas under the jurisdiction of a Member State, unless such tanker is a double hull oil tanker. All parties are required to abide by the provisions of Regulation (EC) No.417/2002 as amended, taking into account the provisions of relevant law 121(I)/2004 which contains enforcement measures for ships proven not being in compliance with the said Regulation. S.S. Serghiou Director Department of Merchant Shipping Kyllinis Street, Mesa Geitonia, 4007 Lemesos, Postal Address: P.O.Box 56193, 3305 Lemesos, Cyprus Telephone: , Telefax: , maritimeadmin@dms.mcw.gov.cy, Web page

26 CC: Permanent Secretary, Ministry of Communications and Works Permanent Secretary, Ministry of Foreign Affairs Maritime offices of the Department of Merchant Shipping abroad General Manager, Cyprus Ports Authority Diplomatic Missions and Honorary Consular Offices of the Republic Inspectors of Cyprus Ships Cyprus Shipping Council Cyprus Union of Shipowners Cyprus Bar Association Recognized Classification Societies

27 REPUBLIC OF CYPRUS MINISTRY OF COMMUNICATIONS AND WORKS DEPARTMENT OF MERCHANT SHIPPING LEMESOS TEN December 2007 TEN Circular 27/2007 Owners, Managers and Representatives of ships under the Cyprus Flag. Recognised Organisations Owners, Masters and Representatives of Foreign Vessels calling at Cyprus ports Cyprus Shipping Association Subject: Regulation (EC) No. 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships I refer to the above European Community Regulation and wish to inform you that as from 1 January 2008 the following categories of ships are prohibited from bearing organotin compounds which act as biocides unless such ships bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling system. ships flying the Cyprus flag ships not flying the Cyprus flag but operating in the jurisdiction of the Republic of Cyprus, and ships that enter the Cyprus ports The Recognised Organisations (R.O.) are reminded that for ships flying the Cyprus flag an International Anti-Fouling System Certificate must be issued under the provisions of Regulation (EC) 782/2003. The R.O. are also notified that ships which do not comply with the regulation cannot be registered in the Register of Cyprus Ships. Therefore R.O. are requested to amend the Classification Society s Statement proposing to proceed with the survey and certification of a Kyllinis Street, Mesa Geitonia, 4007 Lemesos, Postal Address: P.O.Box 56193, 3305 Lemesos, Cyprus Telephone: , Telefax: , maritimeadmin@dms.mcw.gov.cy, Web page