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Document 01997L0070-20090420
Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over
Consolidated text: Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over
Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over
1997L0070 — EN — 20.04.2009 — 004.001
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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COUNCIL DIRECTIVE 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJ L 034, 9.2.1998, p.1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DIRECTIVE 1999/19/EC Text with EEA relevance of 18 March 1999 |
L 83 |
48 |
27.3.1999 |
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COMMISSION DIRECTIVE 2002/35/EC Text with EEA relevance of 25 April 2002 |
L 112 |
21 |
27.4.2002 |
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L 324 |
53 |
29.11.2002 |
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REGULATION (EC) No 219/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 |
L 87 |
109 |
31.3.2009 |
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COUNCIL DIRECTIVE 97/70/EC
of 11 December 1997
setting up a harmonised safety regime for fishing vessels of 24 metres in length and over
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 84(2) thereof,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the Economic and Social Committee ( 2 ),
Acting in accordance with the procedure referred to in Article 189c of the Treaty ( 3 ),
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(1) |
Whereas Community action in the sector of maritime transport should aim at the improvement of maritime safety; |
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(2) |
Whereas the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, hereinafter referred to as the ‘Torremolinos Protocol’ was adopted on 2 April 1993; |
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(3) |
Whereas the enforcement of this Protocol at Community level for fishing vessels flying the flag of a Member State or operating in the internal waters or territorial sea of a Member State or landing their catch in a port of a Member State will enhance the safety of such fishing vessels as various national legislations do not yet require the safety level established by the Protocol; whereas such a common safety level will, by harmonising the different and varying national safety requirements, ensure that competition will take place on an equal level for fishing vessels operating in the same area without compromising safety standards; |
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(4) |
Whereas, in view, in particular, of the internal market dimension, action at Community level is the most effective way to establish a common safety level for fishing vessels throughout the Community; |
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(5) |
Whereas a Council Directive is the appropriate legal instrument as it provides a framework for a uniform and compulsory application of the safety standards by Member States, while leaving to each Member State the choice of form and methods, that best fit its internal system; |
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(6) |
Whereas several important chapters of the Torremolinos Protocol apply only to fishing vessels of 45 metres in length and over; whereas limiting the application of the Protocol at Community level only to such vessels would create a safety gap between the latter and smaller fishing vessels between 24 and 45 metres in length, and would therefore distort competition; |
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(7) |
Whereas Article 3(4) of that Protocol states that each Party shall determine which of its regulations for which the length limit is greater than 24 metres should apply, wholly or in part, to a fishing vessel of 24 metres in length or over but less than the prescribed length limit and entitled to fly a flag ofthat Party; whereas Article 3(5) of that Protocol states that Parties shall endeavour to establish uniform standards for these fishing vessels operating in the same region; |
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(8) |
Whereas, in order to enhance safety and to avoid distortions of competition, the aim must be pursued of applying the safety rules of this Directive to all fishing vessels of 24 metres in length and over, operating in the fishing zones of the Community, irrespective of the flag they fly; whereas this must be achieved, for fishing vessels flying the flag of third States operating in the internal waters or territorial sea of a Member State or landing their catch in a port of a Member State, in accordance with the general rules of international law; |
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(9) |
Whereas the relevant provisions of Council Directives adopted under the social policy of the Community must continue to apply; |
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(10) |
Whereas Member States should, for all those reasons, apply to new and, where required, to existing fishing vessels of 45 metres in length and over the provisions of the Annex to the Torremolinos Protocol, taking account of the relevant provisions listed in Annex I to this Directive; whereas Member States should also apply the provisions of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol, as adapted by Annex II to this Directive, to all new vessels of 24 metres in length and over but less than 45 metres flying their flag; |
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(11) |
Whereas specific requirements, as set out in Annex III, can be justified for reasons relating to specific regional circumstances, such as geographical and climatic conditions; whereas such provisions have been developed for operation in the northern and southern zones, respectively; |
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(12) |
Whereas, in order to further increase the level of safety, vessels flying the flag of a Member State should comply with the specific requirements set out in Annex IV; |
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(13) |
Whereas fishing vessels flying the flag of third States should not be allowed to operate in the internal waters or territorial sea of a Member State or to land their catch in a Member State's port, and therefore compete with vessels flying the flag of a Member State, unless their flag State has certified that they comply with the technical provisions laid down in this Directive; |
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(14) |
Whereas equipment complying with the requirements of Council Directive 96/98/EC of 20 December 1996 on marine equipment ( 4 ), when installed on board fishing vessels should be automatically recognised to be in conformity with the specific provisions imposed on such equipment in this Directive, since the requirements of Directive 96/98/EC are at least equivalent to those of the Torremolinos Protocol and this Directive; |
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(15) |
Whereas Member States could encounter local circumstances which justify the application of specific safety measures to all fishing vessels operating in certain areas; whereas they may also consider it appropriate to adopt exemptions from, or equivalent requirements to, the provisions of the Annex to the Torremolinos Protocol; whereas they should be entitled to adopt such measures subject to control under the Committee procedure; |
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(16) |
Whereas at present there are no uniform international technical standards for fishing vessels as regards their hull strength, main and auxiliary machinery and electrical and automatic plants; whereas such standards may be fixed according to the rules of recognised organisations or national administrations; |
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(17) |
Whereas, for the control of the effective implementation and enforcement of this Directive, Member States should carry out surveys and issue a certificate of compliance to fishing vessels which comply with the specific requirements of this Directive; |
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(18) |
Whereas, in order to ensure full application of this Directive, and in accordance with the procedure established in Article 4 of the Torremolinos Protocol, fishing vessels should be subject to port State control; whereas a Member State may undertake controls also on board fishing vessels of third countries which are not operating in the internal waters or territorial sea of a Member State nor landing their catch in the ports of a Member State, when they are in a port of that Member State, in order to verify that they comply with that Protocol, once it has entered into force; |
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(19) |
Whereas it is necessary for a committee composed of the representatives of the Member States to assist the Commission in the effective application of this Directive; whereas the committee set up in Article 12 of 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 ( 5 ), can take on this task; |
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(20) |
Whereas, in order to ensure a consistent implementation of this Directive, certain provisions may be adapted through this committee to take account of relevant developments at international level; |
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(21) |
Whereas the International Maritime Organisation (IMO) should be informed of this Directive in accordance with the Torremolinos Protocol; |
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(22) |
Whereas, in order to ensure full application of this Directive, Member States should lay down a system of penalties for breaching the national provisions adopted pursuant to this Directive, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Purpose
1. The purpose of this Directive is to lay down safety standards for seagoing fishing vessels of 24 metres in length and over, both new, and existing, in so far as the Annex to the Torremolinos Protocol applies to the latter, and
— flying the flag of a Member State and registered in the Community, or
— operating in the internal waters or territorial sea of a Member State, or
— landing their catch in the port of a Member State.
Recreational craft engaged in non-commercial fishing are excluded from the scope of this Directive.
2. This Directive is without prejudice to the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work ( 6 ), its individual Directives and, in particular Council Directive 93/103/EC of 23 November 1993 concerning the minimum health and safety requirements for work on board fishing vessels (13th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) ( 7 ).
Article 2
Definitions
For the purpose of this Directive:
1.
‘fishing vessel’ or ‘vessel’means any vessel equipped or used commercially for catching fish or other living resources of the sea;
2. ‘new fishing vessel’
means a fishing vessel for which:
(a) on or after 1 January 1999 the building or major conversion contract is placed; or
(b) the building or major conversion contract has been placed before 1 January 1999, and which is delivered three years or more after that date; or
(c) in the absence of a building contract, on or after 1 January 1999:
— the keel is laid, or
— construction identifiable with a specific ship begins, or
— assembly has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less;
3.
‘existing fishing vessel’means a fishing vessel which is not a new fishing vessel;
4.
‘Torremolinos Protocol’means the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, together with the amendments thereto;
5.
‘Certificate’means the certificate of compliance referred to in Article 6;
6.
‘length’means, unless provided otherwise, 96 % of the total length on a waterline at 85 % of the least moulded depth measured from the keel line, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
7.
‘operating’means catching or catching and processing fish or other living resources of the sea without prejudice to the right of innocent passage in the territorial sea and the freedom of navigation in the 200 mile exclusive economic zone;
8.
‘recognised organisation’means an organisation recognised in conformity with Article 4 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 ( 8 ).
Article 3
General requirements
1. Member States shall ensure that the provisions of the Annex to the Torremolinos Protocol are applied to the fishing vessels concerned flying their flag, unless Annex I to this Directive provides otherwise.
Unless provided otherwise in this Directive, existing fishing vessels shall comply with the relevant requirements of the Annex to the Torremolinos Protocol not later than 1 July 1999.
2. Member States shall ensure that those requirements in Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol which apply to vessels of 45 metres in length and over are also applied to new fishing vessels of 24 metres in length and over, flying their flag, unless Annex II to this Directive provides otherwise.
3. However, Member States shall ensure that vessels flying their flag operating in specific areas shall comply with the provisions for the relevant areas, as defined in Annex III.
4. Member States shall ensure that vessels flying their flag shall comply with the specific safety requirements laid down in Annex IV.
5. Member States shall prohibit fishing vessels flying the flag of a third country from operating in their internal waters or territorial sea or landing their catch in their ports unless they are certified by their flag State administration to comply with the requirements referred to in paragraphs 1, 2, 3 and 4 and in Article 5.
6. Marine equipment listed in Annex A.1 to Directive 96/98/EC and complying with the requirements of the latter, when placed on board a fishing vessel to comply with the provisions of this Directive, shall be automatically considered to be in conformity with such provisions, whether or not these provisions require that the equipment must be approved and subjected to tests to the satisfaction of the administration of the flag State.
Article 4
Specific requirements, exemptions and equivalents
1. If a Member State or a group of Member States considers that certain situations due to specific local circumstances or the vessel's particulars require specific safety measures for fishing vessels operating in a certain area, and if the need therefor is demonstrated, they may, subject to the procedure in paragraph 4, adopt such specific safety measures to take account of local circumstances such as the nature and climatic conditions of the waters these vessels operate in, the length of their journeys, or their particulars, such as their construction material.
The measures adopted shall be added in Annex III.
2. Member States shall apply the provisions of Regulation 3, paragraph 3 of Chapter 1 of the Annex to the Torremolinos Protocol, for adopting measures containing exemptions, subject to the procedure laid down in paragraph 4 of this Article.
3. Member States may adopt measures allowing equivalents in accordance with Regulation 4, paragraph 1 of Chapter 1 of the Annex to the Torremolinos Protocol, subject to the procedure laid down in paragraph 4 of this Article.
4. A Member State which avails itself of the provisions of paragraphs 1, 2 or 3 shall follow the following procedure:
(a) The Member State shall notify the Commission of the measures which it intends to adopt, including particulars to the extent necessary to confirm that the level of safety is adequately maintained.
(b) If, within a period of six months from the notification, it is decided, ►M4 in accordance with the regulatory procedure referred to in Article 9(2) ◄ , that the proposed measures are not justified, the said Member State may be required to amend or not to adopt the proposed measures.
(c) The adopted measures shall be specified in the relevant national legislation and communicated to the Commission, which shall inform the other Member States of all particulars thereof.
(d) Any of such measures shall be applied to all fishing vessels when operating under the same specified conditions, without discrimination with regard to their flag or to the nationality of their operator.
(e) The measures referred to in paragraph 2 shall only apply as long as the fishing vessel operates under the specified conditions.
Article 5
Standards for design, construction and maintenance
The standards for the design, construction and maintenance of hull, main and auxiliary machinery, electrical and automatic plants of a fishing vessel shall be the rules in force at the date of its construction, specified for classification by a recognised organisation or used by an administration.
For new vessels, these rules shall be in accordance with the procedure and subject to the conditions laid down in Article 14(2) of Directive 94/57/EC.
Article 6
Surveys and certificates
1. Member States shall issue to fishing vessels flying their flag and complying with Articles 3 and 5, a certificate of compliance with the terms of this Directive, supplemented by a record of equipment and, where appropriate, exemption certificates. The certificate of compliance, record of equipment and exemption certificate shall have a format as laid down in Annex V. The certificates shall be issued by the administration of the flag State or by a recognised organisation acting on its behalf after an initial survey, carried out by the exclusive surveyors either of the administration of the flag State itself or of a recognised organisation or of the Member State authorised by the flag State to carry out surveys, in accordance with Regulation 6, paragraph (1)(a) of Chapter 1 of the Annex to the Torremolinos Protocol.
2. The periods of validity of the certificates referred to in paragraph 1 shall not exceed those established in Regulation 11 of Chapter 1 of the Annex to the Torremolinos Protocol. Renewal of the certificate of compliance, shall be issued after periodical surveys, in accordance with Regulation 6 of Chapter 1 of the Annex to the Torremolinos Protocol, have been carried out.
Article 7
Control provisions
1. Fishing vessels operating in the internal waters or territorial sea of a Member State or landing their catch in its ports and not being fishing vessels flying the flag of that Member State shall be subject to control by the Member State, in accordance with Article 4 of the Torremolinos Protocol and without discrimination with regard to flag or nationality of the operator, in order to verify that they comply with this Directive.
2. Fishing vessels, which are not operating in the internal waters or territorial sea of a Member State nor landing their catch in the ports of a Member State and flying the flag of another Member State, shall be subject to control by the Member State, when in its ports, in accordance with Article 4 of the Torremolinos Protocol and without discrimination with regard to flag or nationality of the operator, in order to verify that they comply with this Directive.
3. Fishing vessels flying the flag of a third State, which are not operating in the internal waters or territorial sea of a Member State nor landing their catch in the ports of a Member State, shall be subject to control by the Member State, when in its ports, in accordance with Article 4 of the Torremolinos Protocol, in order to verify their compliance with the Torremolinos Protocol, once it has entered into force.
Article 8
Adaptations
The following adaptations, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3):
(a) provisions may be adopted and incorporated for:
— a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Community,
— the implementation of this Directive without broadening its scope,
(b) Articles 2, 3, 4, 6 and 7 of this Directive may be adapted and its Annexes may be amended in order to apply, for the purpose of this Directive, subsequent amendments to the Torremolinos Protocol which have entered into force after the adoption of this Directive.
The amendments to the international instrument referred to in Article 2(4) may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) ( 9 ).
Article 9
Committee procedure
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council ( 10 ).
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 11 ) 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 two months.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 10
Notification to IMO
The Presidency of the Council and the Commission shall inform the IMO of the adoption of this Directive, whereby reference shall be made to Article 3(5) of the Torremolinos Protocol.
Article 11
Penalties
Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive.
Article 12
Implementation
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1999. 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 a reference shall be laid down by Member States.
2. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.
Article 13
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 14
Addressees
This Directive is addressed to the Member States.
ANNEX I
Adaptation of provisions of the Annex to the Torremolinos Protocol for application of Article 3(1) of Directive 97/70/EC
For the purpose of this Annex:
1. ‘New fishing vessel built on or after 1 January 2003’ means a new fishing vessel for which:
(a) on or after 1 January 2003 the building or major conversion contract is placed; or
(b) the building or major conversion contract has been placed before 1 January 2003, and which is delivered three years or more after that date; or
(c) in the absence of a building contract, on or after 1 January 2003:
— the keel is laid, or
— construction identifiable with a specific ship begins, or
— assembly has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less.
PART A
Adaptations applicable to all fishing vessels to which the Directive applies, except to new fishing vessels built on or after 1 January 2003
CHAPTER I: GENERAL PROVISIONS
Regulation 2: Definitions
Paragraph (1) ‘New vessel’ has to be replaced by the definition of ‘new fishing vessel’ contained in Article 2 to this Directive.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING
Regulation 2: Definitions
Paragraph (2) ‘standard fire test’ to be read with the following changes at the end with regard to the standard temperature curve:
‘… The standard time-temperature curve is defined by a smooth curve drawn through the following internal furnace temperature points:
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— initial internal furnace temperature: |
20 °C |
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— at the end of the first five minutes: |
576 °C |
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— at the end of 10 minutes: |
679 °C |
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— at the end of 15 minutes: |
738 °C |
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— at the end of 30 minutes: |
841 °C |
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— at the end of 60 minutes: |
945 °C’ |
CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS
Regulation 1: Application
Paragraph (2) to be read as follows: ‘Regulations 13 and 14 shall also apply to existing vessels of 45 metres in length and over, provided that the administration may defer the implementation of the requirements of these regulations until 1 February 1999.’
Regulation 13: Radio life-saving appliances
Paragraph (2) to be read as follows: ‘Two-way VHF radiotelephone apparatus provided on board existing vessels and not complying with the performance standards adopted by the organisation may be accepted by the administration until 1 February 1999, provided that the administration is satisfied that they are compatible with approved two-way VHF radiotelephone apparatus.’
CHAPTER IX: RADIO COMMUNICATIONS
Regulation 1: Application
Paragraph (1), second sentence, to be read as follows:
‘However, for existing vessels, the administration may defer the implementation of the requirements until 1 February 1999.’
Regulation 3: Exemptions
Paragraph (2)(c) to be read as follows: ‘when the vessel will be taken permanently out of service before 1 February 2001.’
PART B
Adaptation applicable to new fishing vessels built on or after 1 January 2003
The existing text of the following regulations shall be read as follows:
CHAPTER I: GENERAL PROVISIONS
Regulation 2: Definitions
The bulkhead shall be located at a distance from the forward perpendicular: not less than 0,05L and not more than 0,05L plus 1,35 m for vessels of less than 45 m in length.
Regulation 6: Surveys
In addition to the periodical survey required in subparagraph (b)(i), intermediate surveys with regard to the structure and machinery of the vessel at intervals of two years plus/minus three months for vessels constructed of material other than wood and at intervals specified by the Administration for vessels constructed of wood. The surveys shall also be such as to ensure that alterations, which would adversely affect the safety of the vessel or the crew, have not been made.
CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND EQUIPMENT
Regulation 1: Construction
Strength and construction of hull, superstructures, deckhouses, machinery casings, companionways and any other structures and vessel's equipment shall be sufficient to withstand all foreseeable conditions of the intended service and shall be in accordance with the rules of a recognised organisation.
Regulation 2: Watertight doors
The number of openings in watertight bulkheads, as required by regulation 1(3), shall be reduced to the minimum compatible with the general arrangements and operational needs of the vessel; openings shall be fitted with watertight closing appliances complying with the rules of a recognised organisation. Watertight doors shall be of an equivalent strength to the adjacent unpierced structure.
Regulation 2: Watertight doors
In vessels of 45 m in length and over, watertight doors shall be of the sliding type in:
spaces where it is intended to open them at sea and if located with their sills below the deepest operating waterline, unless the Administration considers it to be impracticable or unnecessary taking into account the type and operation of the vessel.
Exemptions from this regulation allowed by a Member State shall be subject to the procedure of Article 4 of this Directive.
Regulation 5: Hatchways
Arrangements for securing wood hatchway covers weathertight shall be provided in accordance with the standards as given in regulations 14 and 15 of Annex I to the International Convention on Load Lines 1966 ( 12 ).
Regulation 9: Ventilators
In vessels of 45 m in length and over, the height above deck of ventilator coamings, other than machinery space ventilator coamings, shall be at least 900 mm on the working deck and at least 760 mm on the superstructure deck. In vessels of less than 45 m in length the height of these coamings shall be 760 mm and 450 mm respectively. The height above deck of machinery space ventilator openings, necessary to continuously supply the machinery space and, on demand, immediately supply the generator room, in general shall be in compliance with regulation II/9(3). However, where due to the ships size and arrangements this is not practicable, lesser heights, but in all cases not less than 900 mm above the working deck and the superstructure deck, may be accepted with the provision of weathertight closing appliances in accordance with regulation II/9(2) in combination with other suitable arrangements to ensure an uninterrupted adequate supply of ventilation to the spaces.
Regulation 12: Side scuttles
The Administration may accept side scuttles and windows without deadlights in side and aft bulkheads of deckhouses located on or above the working deck if satisfied that the safety of the vessel will not be impaired, taking into account the rules of recognised organisations based upon the relevant ISO standards.
Regulation 15: Anchor equipment
Anchor equipment designed for quick and safe operation shall be provided, which shall consist of anchoring equipment, anchor chains or wire ropes, stoppers and a windlass or other arrangements for dropping and hoisting the anchor and for holding the vessel at anchor in all foreseeable service conditions. Vessels shall also be provided with adequate mooring equipment for safe mooring in all operating conditions. Anchor and mooring equipment shall be in accordance with the rules of a recognised organisation.
CHAPTER III: STABILITY AND ASSOCIATED SEAWORTHINESS
Regulation 1: General
Vessels shall be so designed and constructed that the requirements of this chapter will be satisfied in the operating conditions referred to in regulation 7. Calculations of the righting lever curves shall be carried out in accordance with the IMO Code on Intact Stability for All Types of Ships ( 13 ).
Regulation 2: Stability criteria
The following minimum stability criteria shall be met unless the Administration is satisfied that operating experience justifies departures therefrom. Any departure from the required minimum stability criteria, allowed by a Member State, shall be subject to the procedure of Article 4 of this Directive ( 14 ).
The initial metacentric height GM shall not be less than 350 mm for single deck vessels. In vessels with complete superstructure the metacentric height may be reduced to the satisfaction of the Administration but in no case shall be less than 150 mm. Reduction of the required metacentric height, allowed by a Member State, shall be subject to the procedure of Article 4 of this Directive.
Where ballast is provided to ensure compliance with paragraph (1), its nature and arrangements shall be to the satisfaction of the Administration. In vessels with a length of less than 45 m, such ballast shall be permanent. Where ballast is permanent, it shall be solid and fixed securely in the vessel. The Administration may accept liquid ballast, stored in completely filled tanks which are not connected to any pumping system of the vessel. If liquid ballast is used as permanent ballast to ensure compliance with paragraph (1), details shall be included in the Certificate of Compliance and in the stability booklet.
Permanent ballast shall not be removed from the ship or relocated without the approval of the Administration.
Regulation 4: Particular fishing methods
Vessels engaged in particular fishing methods where additional external forces are imposed on the vessel during fishing operations, shall meet the stability criteria of regulation 2(1) increased, if necessary, to the satisfaction of the Administration. Vessels engaged in beam trawling shall comply with the following increased stability criteria:
(a) the criteria for the area's under the righting lever and for the righting levers as given in regulation 2(1)(a) and (b) shall be increased by 20 %;
(b) the metacentric height shall not be less than 500 mm;
(c) the criteria as given under (a) shall be applicable only to vessels with an installed propulsion power not exceeding the value in kilowatts as given in the following formulas:
— N = 0,6 Ls 2 for vessels with a length of 35 m or less, and
— N = 0,7 Ls 2 for vessels with a length of 37 m and over,
— at intermediate length of the vessel the coefficient for Ls has to be obtained by interpolation in between 0,6 and 0,7,
— Ls is the overall length according to the Tonnage Certificate.
If the installed propulsion power exceeds the values for the standard propulsion power as given in the above formulas the criteria as mentioned under (a) shall be increased directly proportional to the higher propulsion power.
The Administration shall be satisfied that the above increased stability criteria for beam trawlers are met in the operating conditions mentioned under regulation 7(1) of this chapter.
For the calculation of the stability, the beams shall be assumed to be hoisted up to an angle of 45 degrees with the horizontal.
Regulation 5: Severe wind and rolling
Vessels shall be able to withstand the effect of severe wind and rolling in associated sea conditions taking account of the seasonal weather conditions, the sea states in which the vessel will operate, the type of vessel and its mode of operation. The relevant calculations shall be carried out in accordance with the IMO Code on Intact Stability for all Types of Ships.
Regulation 8: Ice accretion
This regulation applies except where the modification of the icing allowance, left to the discretion of the Administration by recommendation 2 ( 15 ) is not allowed.
Regulation 9: Inclining test
Where alterations are made to a vessel affecting its light ship condition and/or the position of the centre of gravity, the vessel shall, if the Administration considers this necessary taking into account the vessels stability margins, be reinclined and the stability information revised. However, if the lightweight variation exceeds 2 % from the original lightweight and it cannot be demonstrated by calculation that the vessel continues to comply with the stability criteria, the vessel shall be re-inclined.
Regulation 12: Bow height
The bow height shall be sufficient, to prevent the excessive shipping of water.
For vessels operating in restricted areas not more than 10 miles from the coast, the minimum bow height shall be to the satisfaction of the Administration and be determined taking into account the seasonal weather conditions, the sea states in which the vessel will operate, the type of the vessel and its mode of operation.
For vessels operating in all other areas:
1. where, during the fishing operations, the catch has to be stowed into the fish holds via hatchways, which are situated on a exposed working deck forward of the deckhouse or superstructure, the minimum bow height shall be calculated in accordance with the method of calculation, contained in recommendation 4 of attachment 3 to the Final Act of the Torremolinos conference;
2. where the catch has to be stowed into the fish holds via a hatchway, which is situated on an exposed working deck, protected by a deckhouse or superstructure, the minimum bow height shall be in accordance with regulation 39 of Annex I to the International Load Line Convention 1966, but shall not be less than 2 000 mm. In this respect the maximum permissible operating draught is to be regarded in place of the assigned summer freeboard.
Regulation 14: Subdivision and damage stability
Vessels of 100 m in length and over, where the total number of persons carried is 100 or more, shall be capable, of remaining afloat with positive stability, after flooding of any compartment assumed damaged, having regard to the type of vessel, the intended service and area of operation ( 16 ). Calculations to be carried out in accordance with the guidance as mentioned in the footnote.
CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES
Regulation 3: General
Main propulsion, control, steam pipe, fuel oil, compressed air, electrical and refrigeration systems; auxiliary machinery; boilers and other pressure vessels; piping and pumping arrangements; steering equipment and gears, shafts and couplings for power transmission shall be designed, constructed, tested, installed and serviced in accordance with the rules of a recognised organisation. This machinery and equipment, as well as lifting gear, winches, fish handling and fish processing equipment shall be protected so as to reduce to a minimum any danger to persons on board. Special attention shall be paid to moving parts, hot surfaces and other dangers.
The Administration shall be satisfied that regulations 16 to 18 are uniformly implemented and applied in accordance with the rules of a recognised organisation ( 17 ).
Measures shall be taken to the satisfaction of the Administration to ensure that all equipment is functioning in a reliable manner in all operating conditions, including manoeuvring, and that arrangements in accordance with the rules of a recognised organisation are made for regular inspections and routine tests to ensure continuous reliable operation.
Vessels shall be provided with documentary evidence, complying with the rules of a recognised organisation, of their fitness to operate with periodically unattended machinery spaces.
Regulation 6: Steam boilers, feed systems and steam piping arrangements
Every steam boiler and every unfired steam generator shall be provided with not less than two safety valves of adequate capacity. However, the Administration may, having regard to the output or any other features of any steam boiler or unfired steam generator, permit only one safety valve to be fitted if satisfied that adequate protection against overpressure is thereby provided in accordance with the rules of a recognised organisation.
Regulation 8: Wheelhouse control
Where remote control of propulsion machinery is provided from the wheelhouse, the following shall apply: the remote control referred to in subparagraph (a) shall be performed by means of a control device complying with the rules of a recognised organisation with, where necessary, means of preventing overload of the propulsion machinery.
Regulation 10: Arrangements for fuel oil, lubricating oil and other flammable oils
Fuel oil pipes which, if damaged, would allow oil escape from a storage, settling or daily service tank situated above the double bottom, shall be fitted with a cock or valve on the tank capable of being closed from a safe position outside the space concerned in the event of a fire arising in the space in which such tanks are situated. In the special case of deep tanks situated in any shaft or pipe tunnel or similar space, valves on the tank shall be fitted but control in the event of fire may be effected by means of an additional valve on the pipe or pipes outside the tunnel or similar space. If such additional valve is fitted in the machinery space, it shall be capable of being operated outside this space.
Fuel oil pipes and their valves and fittings shall be steel or other equivalent material, provided that a minimum of flexible pipes may be used. Such flexible pipes and end attachments shall be of adequate strength and shall be constructed of approved fire resistant material or have fire-resistant coatings in accordance with the rules of a recognised organisation. Fitting of those flexible pipes shall be in accordance with the IMO MSC. Circ. 647 ‘Guidelines to minimise leakages from flammable liquid systems’.
The arrangements for the storage, distribution and use of oil employed in pressure lubrication systems shall be in accordance with the rules of a recognised organisation. Such arrangements in machinery spaces of category A and, wherever practicable, in other machinery spaces shall at least comply with the provisions of paragraphs (1), (3), (6) and (7) and in so far as necessary, in accordance with the rules of a recognised organisation, with paragraphs (2) and (4). This does not preclude the use of sight flow glasses in lubrication systems provided they are shown by test to have a suitable degree of fire resistance.
The arrangements for the storage, distribution and use of flammable oils employed under pressure in power transmission systems other than oil referred to in paragraph (10) in control and activating systems and heating systems shall be in accordance with the rules of a recognised organisation. In locations where means of ignition are present such arrangements shall at least comply with the provisions of paragraphs (2) and (6) and with the provisions of paragraphs (3) and (7) in respect of strength and construction.
Regulation 12: Protection against noise
Measures shall be taken to reduce the effects of noise upon personnel in machinery spaces to levels as given in the IMO Code on Noise Levels on Board Ships ( 18 ).
Regulation 13: Steering gear
Vessels shall be provided with a main steering gear and an auxiliary means of actuating the rudder in compliance with the rules of a recognised organisation. The main steering gear and the auxiliary means of actuating the rudder shall be arranged so that so far as is reasonable and practicable a single failure in one of them will not render the other one inoperative.
Regulation 16: Main source of electrical power
Where electrical power constitutes the only means of maintaining auxiliary services essential for the propulsion and the safety of the vessel, a main source of electrical power shall be provided which shall include at least two generating sets, one of which may be driven by the main engine. In accordance with the rules of a recognised organisation other arrangements having equivalent electrical capability may be accepted.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING
Regulation 1: General
Method IIIF: The fitting of an automatic fire alarm and detection system in all spaces in which a fire might be expected to originate, generally with no restriction on the type of internal divisional bulkheads, except that in no case shall the area of any accommodation space or spaces bounded by an ‘A’ or ‘B’ class division exceed 50 m2. However, the Administration may increase this area for public spaces up to 75 m2.
Regulation 2: Definitions
‘Non-combustible material’ means a material which neither burns nor gives off flammable vapours in sufficient quantity for self-ignition when heated to approximately 750 °C, this being determined in accordance with the IMO Fire Test Procedures Code ( 19 ). Any other material is a combustible material.
Paragraph (2) ‘standard fire test’ to be read as follows:
‘A standard fire test’ is one in which the specimens of the relevant bulkheads or decks are exposed in a test furnace to temperatures corresponding approximately to the standard temperature curve. The test methods shall be in accordance with the IMO Fire Test Procedures Code.
The Administration shall require a test of a prototype bulkhead or deck to ensure that it meets the above requirements for integrity and temperature rise in accordance with the IMO Fire Test Procedures Code.
The Administration shall require a test of a prototype division to ensure that it meets the above requirements for integrity and temperature rise in accordance with the IMO Fire Test Procedures Code.
The Administration shall require a test of a prototype division to ensure that it meets the above requirement for integrity and temperature rise in accordance with the IMO Fire Test Procedures Code.
Low flame spread means that the surface thus described will adequately restrict the spread of flame, this being determined in accordance with the IMO Fire Test Procedures Code.
Regulation 4: Bulkheads within the accommodation and service spaces
Method IIIF: There shall be no restriction on the construction of bulkheads not required by this or other regulations of this part to be ‘A’ or ‘B’ class divisions. In no case shall the area of any accommodation space or spaces bounded by a continuous ‘A’ or ‘B’ class division exceed 50 m2, except in individual cases where ‘C’ class bulkheads are required in accordance with table 1 in regulation 7. However, the Administration may increase this area for public spaces up to 75 m2.
Regulation 7: Fire integrity of bulkheads and decks
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Where an asterisk appears in the tables the division is required to be of steel or equivalent material but is not required to be of ‘A’ class standard. Where a deck is penetrated for the passage of electrical cables, pipes and vent ducts, such penetrations shall be made tight to prevent the passage of flame and smoke. |
Regulation 8: Details of construction
(a) Except in cargo spaces or refrigerated compartments of service spaces insulating materials shall be non-combustible. Vapour barriers and adhesives used in conjunction with insulation, as well as the insulation of pipe fittings for cold service systems need not be of non-combustible material, but they shall be kept to the minimum quantity practicable and their exposed surfaces shall have low flame characteristics, this being determined in accordance with the IMO Fire Test Procedures Code. In spaces where penetration of oil products is possible, the surface of insulation shall be impervious to oil or oil vapour.
Regulation 9: Ventilation systems
Ventilation ducts shall be of non-combustible material. Short ducts, however, not generally exceeding 2 m in length and with a cross section not exceeding 0,02 m2 need not be non-combustible, subject to the following conditions:
(i) these ducts shall be of a material which has low flame spread characteristics, this being determined in accordance with the IMO Fire Test Procedures Code.
Regulation 11: Miscellaneous items
Paints, varnishes and other finishes used on exposed interior surfaces shall not be capable of producing excessive quantities of smoke or toxic gases or vapours, to be determined in accordance with the IMO Fire Test Procedures Code.
Regulation 12: Storage of gas cylinders and dangerous materials
Except as necessary for service within the space, electrical wiring and fittings shall not be permitted within compartments used for the storage of highly flammable liquids or liquefied gases. Where such electrical fittings are installed, they shall be of a certified safe type and comply with the relevant provisions of the International Standard IEC Publication 79 ‘Electrical apparatus for explosive gas atmospheres’. Sources of heat shall be kept clear of such spaces and ‘No smoking’ and ‘No naked light’ notices shall be displayed in a prominent position.
Regulation 13: Means of escape
Stairways and ladders leading to and from all accommodation spaces and in spaces in which the crew is normally employed, other than machinery spaces, shall be so arranged as to provide ready means of escape to the open deck and thence to the survival craft. In particular in relation to these spaces:
(e) the continuity of the means of escape shall be to the satisfaction of the Administration. Stairways and corridors used as means for escape shall be not less than 700 mm in clear width and shall have a handrail on at least one side. Doorways which give access to a stairway shall be not less than 700 mm in clear width.
Two means of escape shall be provided from every machinery space of category A by one of the following means:
(a) two sets of steel ladders as widely separated as possible leading to doors in the upper part of the space similarly separated and from which access is provided to the open deck. In general, one of these ladders shall provide continuous fire shelter from the lower part of the space to a safe position outside the space. However, the Administration may not require such shelter if, due to special arrangements or dimensions of the machinery space, a safe escape route from the lower part of this space is provided. This shelter shall be of steel, insulated to ‘A-60’ class standard and be provided with a ‘A-60’ class self-closing steel door at the lower end; or
Regulation 14: Automatic sprinkler and fire alarm and fire detection systems (Method IIF)
Spare sprinkler heads shall be provided for each section of sprinklers.
Spare sprinkler heads shall include all types and ratings installed in the vessel and shall be provided as follows:
— less than 100 sprinkler heads: 3 spare heads,
— less than 300 sprinkler heads: 6 spare heads,
— 300 to 1 000 sprinkler heads: 12 spare heads.
Regulation 15: Automatic fire alarm and fire detection systems (Method IIIF)
The system shall be operated by an abnormal air temperature, by an abnormal concentration of smoke or other factors indicative of incipient fire in any one of the spaces to be protected. Systems which are sensitive to air temperature shall not operate at less than 54 °C and shall operate at a temperature not greater than 78 °C when the temperature increase to those levels is not more than 1 °C per minute. At the discretion of the Administration the permissible temperature of operation may be increased to 30 °C above the maximum deckhead temperature in drying rooms and similar places of normally high ambient temperature. Systems which are sensitive to smoke concentration shall operate on the reduction of the intensity of a transmitted light beam. Smoke detectors shall be certified to operate before the smoke density exceeds 12,5 % obscuration per metre, but not until the smoke density exceeds 2 % obscuration per metre. Other equally effective methods of operation may be accepted at the discretion of the Administration. The detection system shall not be used for any purpose other than fire detection.
Regulation 17: Fire pumps
If a fire in any one compartment could put all the fire pumps out of action, there shall be an alternative means of providing water for fire fighting. In vessels of 75 m in length and over this alternative means shall be a fixed emergency fire pump independently driven. This emergency fire pump shall be capable of supplying two jets of water at a minimum pressure of 0,25 N/mm2.
Regulation 20: Fire extinguishers
1. For each type of fire extinguisher carried, capable of being recharged on board, 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers but not more than 60.
2. For fire extinguishers which cannot be recharged on board, at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.
3. Instructions for recharging should be carried on board. Only refills approved for the fire extinguishers in question may be used for recharging.
Fire extinguishers shall be examined annually by a competent person, authorised by the Administration. Each extinguisher shall be provided with a sign indicating that it has been examined. All containers of permanently pressurised fire extinguishers and propellant bottles of non-pressurised extinguishers shall be hydraulic pressure tested every 10 years.
Regulation 21: Portable fire extinguishers in control stations and accommodations and service spaces
1. For fire extinguishers, capable of being recharged on board, 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers but not more than 60.
2. For fire extinguishers which cannot be recharged on board at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.
3. Instructions for recharging should be carried on board. Only refills approved for the fire extinguishers in question may be used for recharging.
Regulation 24: Firefighter's outfits
At least two firefighter's outfits shall be carried. The firefighter's outfits shall be in accordance with the IMO Fire Safety Systems Code, Chapter III, regulations 2.1, 2.1.1 and 2.1.2. Two spare charges shall be provided for each required breathing apparatus.
Regulation 25: Firecontrol plan
There shall be a permanently exhibited fire control plan. The contents of such a plan shall be in accordance with IMO Resolution A.654(16) ‘Graphical symbols for fire control plans’ and IMO Resolution A.756(18) ‘Guidelines on the information to be provided with fire control plans’.
Regulation 28: Structural fire protection
In vessels, the hull of which is constructed of non-combustible materials, the decks and bulkheads separating machinery spaces of category A from accommodation spaces, service spaces or control stations shall be constructed to ‘A-60’ class standard where the machinery space of category A is not provided with a fixed fire extinguishing system and to ‘A-30’ class standard where such a system is fitted. Decks and bulkheads separating other machinery spaces from accommodation, service spaces and control stations shall be constructed to ‘A-0’ class standard.
Decks and bulkheads separating control stations from accommodation and service spaces shall be constructed to ‘A’ class standard in accordance with the tables 1 and 2 of regulation 7 of this chapter, except that the Administration may permit the fitting of ‘B-15’ class divisions for separating such spaces as skipper's cabin from the wheelhouse, where such spaces are considered to be a part of the wheelhouse.
Regulation 31: Miscellaneous items
Exposed surfaces within accommodation spaces, service spaces, control stations, corridor and stairway enclosures and the concealed surfaces behind bulkheads, ceilings, panellings and linings in accommodation spaces, service spaces and control stations shall have low flame spread characteristics, as determined in accordance with the IMO Fire Test Procedures Code.
Paints, varnishes and other finishes used on exposed interior surfaces shall not be capable of producing excessive quantities of smoke or toxic gases or vapours, this being determined in accordance with the IMO Fire Test Procedures Code.
Regulation 32: Storage of gas cylinders and dangerous materials
Except as necessary for service within the space, electrical wiring and fittings shall not be permitted within compartments used for the storage of highly flammable liquids or liquefied gases. Where such electrical fittings are installed, they shall be of a certified safe type and comply with the relevant provisions of the International Standard IEC Publication 79 ‘Electrical apparatus for explosive gas atmospheres’. Sources of heat shall be kept clear of such spaces and ‘No smoking’ and ‘No naked light’ notices shall be displayed in a prominent position.
Regulation 38: Fire extinguishers
1. Except in the cases mentioned under 2 (below) for each type of fire extinguishers carried, capable of being recharged on board, 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers, but not more than 60.
2. For vessels with a length of less than 45 m and for fire extinguishers which cannot be recharged on board, at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.
3. Instructions for recharging shall be carried on board. Only refills approved for the fire extinguishers in question may be used for recharging.
Fire extinguishers shall be examined annually by a competent person, authorised by the Administration. Each extinguisher shall be provided with a sign indicating that it has been examined. All containers of permanently pressurised fire extinguishers and propellant bottles of non-pressurised extinguishers shall be hydraulic pressure tested every 10 years.
Regulation 39: Portable fire extinguishers in control stations and accommodations and service spaces
1. Except in the cases mentioned under 2 (below) for each type of fire extinguisher carried, capable of being recharged on board, at least 100 % spare charges for the first 10 extinguishers shall be provided and 50 % for the remaining extinguishers but not more than 60.
2. For vessels with a length of less than 45 m and for fire extinguishers, which cannot be recharged on board, at least 50 % additional fire extinguishers of same type and capacity shall be provided in lieu of spare charges.
3. Instructions for recharging should be carried on board. Only refills approved for the extinguishers in question may be used for recharging.
Regulation 41: Firefighters outfits
For vessels with a length of 45 m and over at least two fire-fighter' outfits shall be carried and stored in readily accessible and widely separated positions, which are not likely to be cut off in the event of fire. The firefighter's outfits shall be in accordance with the IMO Fire Safety Systems Code, Chapter III, regulations 2.1, 2.1.1 and 2.1.2.
At least two spare charges shall be provided for each required breathing apparatus.
Regulation 42: Fire control plan
There shall be a permanently exhibited fire control plan.
The contents of such a plan shall be in accordance with IMO Resolution A.654(16) ‘Graphical symbols for fire control plans’ and IMO Resolution A.756(18) ‘Guidelines on the information to be provided with fire control plans’.
In vessels with a length of less than 45 m, the Administration may dispense with this requirement.
CHAPTER VI: PROTECTION OF THE CREW
Regulation 3: Bulwarks, rails and guards
The minimum vertical distance from the deepest operating waterline to the lowest point of the top of the bulwark, or to the edge of the working deck if guard rails are fitted shall ensure adequate protection of the crew from water shipped on deck, taking into account the sea states and the weather conditions in which the vessel may operate, the areas of operation, type of vessel and its method of fishing. The freeboard measured amidships from the edge of the working deck from which fishing is undertaken, shall not be less than 300 mm or not less than the freeboard corresponding with the maximum permissible draught, whichever is the greater. For vessels with sheltered working decks, which are so arranged that water will not enter the sheltered working spaces no minimum freeboard other than the one corresponding with the maximum permissible draught is required.
Regulation 4: Stairways and ladders
For the safety of the crew, stairways and ladders of adequate size and strength with handrails and non-slip treads shall be provided and constructed in accordance with the relevant ISO standards.
CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS
Regulation 3: Evaluation, testing and approval of life-saving appliances and arrangements
Before giving approval to life-saving appliances and arrangements, the Administration shall ensure that such life-saving appliances and arrangements are tested, to confirm that they comply with the requirements of this chapter, in accordance with the requirements of Council Directive 96/98/EC ( 20 ) on marine equipment which includes the IMO Recommendations on Testing of Life-Saving Appliances.
Life-saving appliances required by this chapter for which detailed specifications are not included in part C shall be to the satisfaction of the Administration, taking into consideration the detailed specifications as given for those appliances in Chapter III of Solas 1974, as amended, and in the IMO International Life-Saving Appliance Code.
Regulation 6: Availability and stowage of survival craft and rescue boats
Each survival craft shall be stowed:
— so that neither the survival craft nor its stowage arrangements will interfere with the operation of any other survival craft or rescue boat at any other launching location,
— as near to the water surface as is safe and practicable and, in the case of a survival craft other than a liferaft intended for throw over board launching, in such a position that the survival craft in the embarkation position is not less than 2 m above the waterline with the vessel in fully loaded condition under unfavourable conditions of trim of up to 10 ° and listed up to 20 ° either way, or to the angle at which the ship's weatherdeck edge becomes submerged, whichever is less,
— in a state of continuous readiness so that the crew members can carry out preparations for embarkation and launching in less than 5 min.,
— fully equipped as required by this chapter.
Regulation 23: Rescue boats
Rescue boats may be either of rigid or inflated construction or combination of both and shall:
(i) be not less than 3,8 m and not more than 8,5 m in length, except for vessels with a length of less than 45 m where, owing to the size of the vessel, or for other reasons where the carriage of such boats is considered unreasonable or impracticable, the Administration may accept a rescue boat of a lesser length but not less than 3,3 m;
(ii) be capable of carrying at least five seated persons and one person lying down or for vessels with a length of less than 45 m, in the case of a rescue boat less than 3,8 m, be capable of carrying at least four persons seated and one person laying down.
The number of persons which a boat shall be permitted to accommodate shall be determined by the Administration by means of a seating test. The minimum carrying capacity shall be as given in regulation 23(1)(b)(ii). Seating, except for the helmsman, may be provided on the floor. No part of a seating position shall be on the gunwale, transom, or on inflated buoyancy at the sides of the boat.
ANNEX II
Adaptation of provisions of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol, in accordance with Article 3(4) of the latter, for application to new fishing vessels with a length of 24 metres and over
CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES
Regulation 1: Application
To be read as follows: ‘Unless provided otherwise, this chapter shall apply to new fishing vessels of 24 metres in length and over.’
Regulation 7: Communication between the wheelhouse and machinery space
To be read with the following addition: ‘Two separate means of communication … shall be provided, one of which shall be an engine room telegraph, except that in vessels of less than 45 metres in length, where the propulsion machinery is directly controlled from the wheelhouse, the administration may accept means of communication other than an engine room telegraph.’
Regulation 8: Wheelhouse control of propulsion machinery
Paragraph 1(d) to be read with the following addition: ‘… or control room. On vessels of less than 45 metres in length the administration may permit the control station in the machinery space to be an emergency station only, provided that the monitoring and control in the wheelhouse is adequate.’
Regulation 16: Main source of electrical power
Paragraph 1(b) to be read with the following addition: ‘… sets being stopped. However, in vessels of less than 45 metres in length, in the event of any one of the generating sets being stopped, it shall only be necessary to ensure the functioning of the services essential for propulsion and safety of the vessels.’
Regulation 17: Emergency source of electrical power
Paragraph 6 to be read with the following insertion: ‘An accumulator battery fitted in accordance with this Regulation, other than batteries fitted for the radio transmitter and receiver in vessels of less than 45 metres in length, shall be installed…’.
Regulation 22: Alarm system
Paragraph 2(a) to be read with the following addition: ‘The alarm system … at a suitable position. However, in vessels of less than 45 metres in length the administration may permit the system to be capable of sounding and indicating visually each separate alarm function in the wheelhouse only.’Paragraph 2(b) to be read with the following addition: ‘In vessels of 45 metres in length and over the alarm system shall have a connection …’.Paragraph 2(c) to be read with the following addition: ‘In vessels of 45 metres in length and over an engineer's alarm …’.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING
Regulation 2: Definitions
Paragraph 14(b) to be read with the following change: ‘… not less than 375 kilowatts’.
PART C
Replace the title as follows: ‘PART C — FIRE SAFETY MEASURES IN VESSELS OF 24 METRES IN LENGTH AND OVER BUT LESS THAN 60 METRES’
Regulation 35: Fire pumps
Insert following paragraph: ‘Notwithstanding the provision of Regulation V/35(1), at least two fire pumps shall always be provided.’Add to paragraph 8: ‘… or 25 m3/h, whichever is the greatest.’
Regulation 40: Fire-extinguishing appliances in machinery spaces
Paragraph 1(a) to be read with the following change: ‘… of not less than 375 kilowatts …’.
CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS
Regulation 1: Application
Paragraph 1 to be read with following changes: ‘1.Unless provided otherwise, this chapter shall apply to new vessels of 24 metres in length and over.’
Regulation 5: Number and types of survival craft and rescue boats
1. Beginning of paragraph 3 to be read as follows: ‘Vessels of less than 75 metres in length but of 45 metres in length and over shall comply with the following:’.
2. Read with a new paragraph 3(a):
‘(3a) Vessels of less than 45 metres in length shall be provided with:
(a) survival craft of sufficient aggregate capacity to accommodate at least 200 % of the total number of persons on board. Sufficient of these survival craft to accommodate at least the total number of persons on board shall be capable of being launched from either side of the vessel; and
(b) a rescue boat, except where the administration is satisfied that because of the size and the manoeuvrability of the vessel, the near availability of search and rescue facilities and meteorological warning systems, the operation of the vessel in areas not susceptible to heavy weather or the seasonal characteristics of the operation, such provision is unnecessary.’
3. Beginning of paragraph 4 to be read as follows: ‘In lieu of meeting the requirements of paragraphs 2(a), 3(a) and 3a(a) vessels may carry …’.
Regulation 10: Lifebuoys
1. Read subparagraph 1(b) as follows: ‘six lifebuoys in vessels of less than 75 metres in length but 45 metres in length and over;’.
2. Insert a new subparagraph 1(c) as follows:
‘1(c) four lifebuoys in vessels of less than 45 metres in length.’
Regulation 13: Radio life-saving appliances
Insert a new paragraph 1a to read as follows:
‘1a However, for vessels of less than 45 metres in length the number of such apparatus may be reduced to two, if the administration considers the requirement to carry three such apparatus unnecessary taking into account the operation area of the vessel and the number of persons employed on board;’.
Regulation 14: Radar transponders
To be read with the following addition at the end: ‘… in each survival craft. On every vessel of less than 45 metres in length at least one radar transponder shall be carried.’
CHAPTER IX: RADIO COMMUNICATIONS
Regulation 1: Application
Read paragraph 1, first sentence as follows: ‘Unless provided otherwise, this chapter shall apply to new vessels of 24 metres in length and over and to existing vessels of 45 metres in length and over.’
Regulation 7: Radio equipment — sea area A1
Insert a new paragraph (4) to read as follows:
‘Notwithstanding the provisions of Regulation 4(a), the Administration may exempt new fishing vessels of 24 metres in length and over but less than 45 metres and engaged exclusively on voyages within sea area A1 from the requirements of Regulations 6(1)(f) and 7(3) provided that they are equipped with a VHF radio installation as prescribed by Regulation 6(1)(a) and, in addition, with a VHF radio installation using DSC for the transmission of ship-to-shore distress alerts as prescribed by Regulation 7(1)(a).’
ANNEX III
Regional and local provisions (Articles 3(3) and 4(1))
A. ‘Northern’ regional provisions
1. Area of application
Unless mentioned otherwise elsewhere, the waters north of the boundary as illustrated on the chart attached to this Annex, excluding the Baltic Sea. This boundary is defined by the parallel of latitude 62° N from the west coast of Norway to longitude 4° W, thence the meridian of longitude 4° W to latitude 60° 30′ N, thence the parallel of latitude 60° 30′ N to longitude 5° W, thence the meridian of longitude 5° W to latitude 60° N, thence the parallel of latitude 60° N to longitude 15° W, thence the meridian of longitude 15° W to latitude 62° N, thence the parallel of latitude 62° N to longitude 27° W, thence the meridian of longitude 27° W to latitude 59° N and thence the parallel of latitude 59° N to the west.
2. Definitions
‘Heavy drift ice’ is drift ice covering 8/10 or more of the sea surface.
3. Regulation III/7(1) (Operating conditions)
In addition to the specific operating conditions given in Regulation III/7(1) the following operating conditions shall also be considered:
(e) operating condition (b), (c) or (d), whichever produces the lowest values of the stability parameters contained in the stability criteria listed in Regulation 2, shall be calculated including allowance for ice accretion in accordance with the provisions of Regulation III/8;
(f) for purse seiners: departure from the fishing grounds with the fishing gear, no catch and 30 % stores, fuel, etc., including allowance for ice accretion in accordance with the provisions of Regulation III/8.
4. Regulation III/8 (Ice accretion)
The specific requirements of Regulation III/8 and the specific guidance given in Recommendation 2 by the Torremolinos conference shall be applied within the region concerned, i.e. also outside the boundaries shown in the chart accompanying the said Recommendation.
Notwithstanding the provisions of Regulation III/8(1)(a) and (b) the following icing allowance shall be made in the stability calculations for vessels operating in the area north of latitude 63° N, between longitude 28° W and longitude 11° W:
(a) 40 kilograms per square metre on exposed weather decks and gangways;
(b) 10 kilograms per square metre for projected lateral area of each side of the vessel above the water plane.
5. Regulations VII/5(2)(b) and (3)(b) (Number and types of survival craft and rescue boats)
Notwithstanding the provisions of Regulation VII/5 (2)(b), (3)(b), and (3a), for fishing vessels whose hull is built to comply with the rules of a recognised organisation for operation in waters with heavy drift ice concentration in compliance with Regulation II/1/2 of the Annex to the Torremolinos Protocol, the rescue boat/lifeboat required in (2)(b), (3)(b) or (3a)(b) shall at least be partially covered (as defined in Regulation VII/18) and shall have sufficient capacity to accommodate all persons on board.
6. Regulation VII/9 (Immersion suits and thermal protective aids)
Notwithstanding the provisions of Regulation VII/9 an approved immersion suit, of an appropriate size, complying with the provisions of Regulation VII/25, including the measures applied to that Regulation and listed in this Annex under item 1.8, shall be provided for every person on board.
7. Regulation VII/14 (radar transponder)
In addition to the provisions of Chapter VII, Part B, every lifeboat, rescue boat and life-raft shall permanently be equipped with an approved radar transponder capable of operating in the 9 GHz band.
8. Regulation VII/25 (Immersion suits)
Notwithstanding the provisions of Regulation VII/25 all immersion suits required under item 1.6 of this Annex shall, as a single unit, be made of material with inherent insulation and shall also comply with the buoyancy requirements of Regulation VII/24(1)(c)(i). All other relevant requirements of Regulation VII/25 shall also be complied with.
9. Regulation X/3(7) (Radar installations)
Notwithstanding the provisions of Regulation X/3(7), every vessel of 24 metres in length and over shall be fitted with a radar installation to the satisfaction of the administration. This radar installation shall be capable of operating in the 9 GHz band.
10. Regulation X/5 (Signalling equipment)
In addition to the provisions of Regulation X/5, every vessel shall, when operating in waters where drift ice may occur, be fitted with at least one searchlight with a lighting capacity of at least 1 lux, measured at a distance of 750 metres.
B. ‘Southern’ regional provisions
1. Areas of application
The Mediterranean sea and the coastal areas, within 20 miles from the coast of Spain and Portugal, of the summer zone of the Atlantic Ocean, as defined on the ‘Chart of zones and seasonal areas’ in Annex II to the 1996 International Convention on Load Lines ( 21 ), as amended.
2. Regulation VII/9(1) (Immersion suits)
Taking into consideration the provisions of paragraph 4 of Regulation VII/9, add at the end of paragraph 1 the following sentence: ‘For vessels of less than 45 metres in length the number of immersion suits need not be greater than two.’
3. Regulation IX/1 (Radio communications)
Add a new paragraph 1a as follows:
‘This chapter shall also apply to new vessels of 24 metres in length and over, provided that the area in which they operate is supported appropriately by a coast station operating in accordance with IMO master plan.’
NORTHERN REGION
ANNEX IV
Specific safety requirements (Article 3(4))
CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND EQUIPMENT
Add following new Regulations:
‘Regulation 16: Working decks within an enclosed superstructure
1. Such decks shall be fitted with an efficient drainage system having an appropriate drainage capacity to dispose of washing water and fish guts.
2. All openings necessary for fishing operations shall be provided with means for quick and efficient closure by one person.
3. Where the catch is brought on to such decks for handling or processing, the catch shall be placed in a pound. Such pounds shall comply with Regulation 11 of Chapter III. An efficient drainage system shall be fitted. Adequate protection against inadvertent influx of water to the working deck shall be provided.
4. At least two exits from such decks shall be provided.
5. The clear headroom in the working space shall at all points be not less than two metres.
6. A fixed ventilation system providing at least six changes of air per hour shall be provided.
Regulation 17: Draught marks
1. All ships shall be provided with draught marks in decimetres on the stem and the stern on both sides.
2. Such marks shall be placed as close as practicable to the perpendiculars.
Regulation 18: Tanks for fish in refrigerated (RSW) or chill.ed (CSW) sea water
1. If RSW- or CSW-tanks or similar tank systems are used, such tanks shall be provided with a separate, permanently fitted arrangement for the filling and emptying of seawater.
2. If such tanks are to be used also for carrying dry cargo, the tanks shall be arranged with a bilge system and provided with adequate means to avoid ingress of water from the bilge system into the tanks.’
CHAPTER III: STABILITY AND ASSOCIATED SEAWORTHINESS
Regulation 9: Inclining test
Add following new paragraph 4:
‘4. The inclining test and determination of conditions required by Regulation III/9(1) shall be performed at least every 10 years.’
CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES
Regulation 13: Steering gear
Add following text to paragraph 10: ‘If this power source is electrical, the emergency source of electrical power shall be capable of serving the auxiliary means for activating the rudder for a period of at least 10 minutes.’
Regulation 16: Main source of electrical power
Add following paragraph 3:
‘3. Navigation lights, if solely electrical, shall be supplied through their own separate switchboard and adequate means for the monitoring of such lights shall be provided.’
Regulation 17: Emergency source of electrical power
Notwithstanding paragraph 2, for vessels of a length of 45 metres and over, the emergency source of electrical power shall be capable of serving the installations listed in that Regulation for a period of not less than eight hours.
CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE FIGHTING
Regulation 22: Fire-extinguishing appliances in machinery spaces
Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a fixed fire-extinguishing arrangement.
Regulation 40: Fire-extinguishing appliances in machinery spaces
Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a fixed fire-extinguishing arrangement.
ANNEX V
FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND RECORD OF EQUIPMENT
( 1 ) OJ C 292, 4.10.1996, p. 29.
( 2 ) OJ C 66, 3.3.1997, p. 31.
( 3 ) Opinion of the European Parliament of 24 April 1997 (OJ C 150, 19.5.1997, p. 30), Council Common Position of 30 June 1997 (OJ C 246, 12.8.1997, p. 1) and Decision of the European Parliament of 6 November 1997 (OJ C 358, 24.11.1997).
( 4 ) OJ L 46, 17.2.1997, p. 25.
( 5 ) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Directive 96/39/EC (OJ L 196, 7.8.1996, p. 7).
( 6 ) OJ L 183, 29.6.1989, p. 1.
( 7 ) OJ L 307, 13.12.1993, p. 1.
( 8 ) OJ L 319, 12.12.1994, p. 20.
( 9 ) OJ L 324, 29.11.2002, p. 1.
( 10 ) OJ L 324, 29.11.2002, p. 1.
( 11 ) OJ L 184, 17.7.1999, p. 23.
( 12 ) The International Convention on Load Lines 1966, as established by the International Conference on Load Lines on 5 April 1966 and adopted by the International Maritime Organisation by its Resolution A.133(V) on 25 October 1967.
( 13 ) The Code on Intact Stability for All Types of Ships Covered by IMO Instruments adopted by the International Maritime Organisation by resolution A.749(18) on 4 November 1993, as amended by resolution MSC.75(69).
( 14 ) The stability criteria for offshore supply vessels in paragraph 4.5.6.2.1 to 4.5.6.2.4 in the IMO Code on Intact Stability for All Types of Ships) may be considered as equivalent to the stability criteria in regulation 2(1)(a) to (c). This equivalence can only be applied, subject to satisfaction of the Administration, for fishing vessels with a hull form which is similar to that of offshore supply vessels.
( 15 ) For sea areas where ice accretion may occur and modifications of the icing allowance are suggested, see Guidance relating to Ice Accretion contained in recommendation 2 of attachment 3 to the final Act of the Torremolinos Conference.
( 16 ) See the guidance on subdivision and damage stability calculations contained in recommendation 5 of attachment 3 to the Final Act of the Torremolinos Conference.
( 17 ) See also the recommendation, published by the International Electrotechnical Commission and, in particular, Publication 92, ‘Electric installations in ships’.
( 18 ) The Code on Noise Levels on Board Ships as adopted by the International Maritime Organisation by its resolution A.468(XII) on 19 November 1981.
( 19 ) The International Code for Application of Fire Test Procedures (FTP Code), as adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC. 61(67).
( 20 ) OJ L 46, 17.2.1997, p. 25.
( 21 ) International Convention on Load Lines, 1966, adopted on 5 April 1966 by the International Conference on Load Lines, held in London upon the invitation of the Intergovernmental Maritime Consultative Organisation.