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Document 02002L0059-20190726
Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC
Consolidated text: Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC
Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC
02002L0059 — EN — 26.07.2019 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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DIRECTIVE 2002/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 June 2002 (OJ L 208 5.8.2002, p. 10) |
Amended by:
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Official Journal |
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No |
page |
date |
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DIRECTIVE 2009/17/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 |
L 131 |
101 |
28.5.2009 |
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DIRECTIVE 2009/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 |
L 131 |
114 |
28.5.2009 |
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L 49 |
33 |
24.2.2011 |
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L 308 |
82 |
29.10.2014 |
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REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
241 |
25.7.2019 |
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DIRECTIVE 2002/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 June 2002
establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC
Article 1
Purpose
The purpose of this Directive is to establish in the Community a vessel traffic monitoring and information system with a view to enhancing the safety and efficiency of maritime traffic, improving the response of authorities to incidents, accidents or potentially dangerous situations at sea, including search and rescue operations, and contributing to a better prevention and detection of pollution by ships.
Member States shall monitor and take all necessary and appropriate measures to ensure that the masters, operators or agents of ships, as well as shippers or owners of dangerous or polluting goods carried on board such ships, comply with the requirements under this Directive.
Article 2
Scope
Unless otherwise provided, this Directive shall not apply to:
◄warships, naval auxiliaries and other ships owned or operated by a Member State and used for non-commercial public service;
fishing vessels, traditional ships and recreational craft with a length of less than 45 metres;
bunkers on ships below 1 000 gross tonnage and ships' stores and equipment for use on board all ships.
Article 3
Definitions
For the purpose of this Directive
►M1 ‘Relevant international instruments' means the following instruments, in their up-to-date version:’ ◄
‘operator’ means the owner or manager of a ship;
‘agent’ means any person mandated or authorised to supply information on behalf of the operator of the ship;
‘shipper’ means any person by whom or in whose name or on whose behalf a contract of carriage of goods has been concluded with a carrier;
‘company’ means a company within the meaning of Regulation 1(2) of Chapter IX of the SOLAS Convention;
‘ship’ means any sea-going vessel or craft;
‘dangerous goods’ means:
Also included are goods for the carriage of which appropriate preconditions have been laid down in accordance with paragraph 1.1.3 of the IBC Code or paragraph 1.1.6 of the IGC Code;
‘polluting goods’ means:
‘cargo transport unit’ means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway wagon, or portable tank;
‘address’ means the name and the communication links whereby contact may, where necessary, be made with the operator, agent, port authority, competent authority or any other authorised person or body in possession of detailed information regarding the ship's cargo;
‘competent authorities’ means the authorities and organisations designated by Member States to perform functions under this Directive;
‘port authority’ means the competent authority or body designated by Member States for each port to receive and pass on information reported pursuant to this Directive;
‘place of refuge’ means a port, the part of a port or another protective berth or anchorage or any other sheltered area identified by a Member State for accommodating ships in distress;
‘coastal station’ means any of the following, designated by Member States pursuant to this Directive: a vessel traffic service; a shore-based installation responsible for a mandatory reporting system approved by the IMO; or a body responsible for coordinating search and rescue operations or operations to tackle pollution at sea;
‘vessel traffic service (VTS)’ means a service designed to improve the safety and efficiency of vessel traffic and to protect the environment, which has the capability to interact with the traffic and to respond to traffic situations developing in the VTS area;
‘ship's routing system’ means any system of one or more routes or routing measures aimed at reducing the risk of casualties; it includes traffic separation schemes, two-way routes, recommended tracks, areas to be avoided, inshore traffic zones, roundabouts, precautionary areas and deep-water routes;
‘traditional ships’ means all kinds of historical ships and their replicas including those designed to encourage and promote traditional skills and seamanship, that together serve as living cultural monuments, operated according to traditional principles of seamanship and technique;
‘casualty’ means a casualty within the meaning of the IMO Code for the investigation of marine casualties and incidents;
‘SafeSeaNet’ means the Community maritime information exchange system developed by the Commission in cooperation with the Member States to ensure the implementation of Community legislation;
‘scheduled service’ means a series of ship crossings operated so as to serve traffic between the same two or more ports, either according to a published timetable or with crossings so regular or frequent that they constitute a recognisable systematic series;
‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;
‘ship in need of assistance’ means, without prejudice to the provisions of the SAR Convention concerning the rescue of persons, a ship in a situation that could give rise to its loss or an environmental or navigational hazard;
‘LRIT’ means a system for the long-range identification and tracking of ships in accordance with SOLAS regulation V/19-1.
TITLE I
SHIP REPORTING AND MONITORING
Article 4
Notification prior to entry into ports of the Member States
The operator, agent or master of a ship bound for a port of a Member State shall notify the information in Annex I(1) to the port authority:
at least twenty-four hours in advance; or
at the latest, at the time the ship leaves the previous port, if the voyage time is less than twenty-four hours; or
if the port of call is not known or it is changed during the voyage, as soon as this information is available.
Article 5
Monitoring of ships entering the area of mandatory ship reporting systems
Article 6
Use of automatic identification systems
Article 6a
Use of automatic identification systems (AIS) by fishing vessels
Any fishing vessel with an overall length of more than 15 metres 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 its catch in the port of a Member State shall, in accordance with the timetable set out in Annex II, part I(3), be fitted with an AIS (Class A) which meets the performance standards drawn up by the IMO.
Fishing vessels equipped with AIS shall maintain it in operation at all times. In exceptional circumstances, AIS may be switched off where the master considers this necessary in the interest of the safety or security of his vessel.
Article 6b
Use of systems for the long-range identification and tracking of ships (LRIT)
Member States and the Commission shall cooperate to determine the requirements concerning the fitting of equipment for transmitting LRIT information on board ships sailing in waters within the coverage of AIS fixed-based stations of Member States, and shall submit to the IMO any appropriate measures.
Article 7
Use of ship's routing systems
Article 8
Monitoring of the compliance of ships with vessel traffic services
Member States shall monitor and take all necessary and appropriate measures to ensure that:
ships entering the area of applicability of a VTS operated by one or more States, of which at least one is a Member State, within their territorial sea and based on the guidelines developed by the IMO, participate in, and comply with, the rules of that VTS;
ships flying the flag of a Member State or ships bound for a port of a Member State and entering the area of applicability of such a VTS outside the territorial sea of a Member State and based on the guidelines developed by the IMO, comply with the rules of that VTS;
ships flying the flag of a third State and not bound for a port in a Member State entering a VTS area outside the territorial sea of a Member State, follow the rules of that VTS wherever possible. Member States should report to the flag State concerned any apparent serious breach of those rules in such a VTS area.
Article 9
Infrastructure for ship reporting systems, ships' routing systems and vessel traffic services
Article 10
Voyage data recorder systems
▼M2 —————
TITLE II
NOTIFICATION OF DANGEROUS OR POLLUTING GOODS ON BOARD SHIPS (HAZMAT)
Article 12
Information requirements concerning the transport of dangerous goods
No dangerous or polluting goods shall be offered for carriage or taken on board any ship, irrespective of its size, in the port of a Member State unless a declaration has been delivered to the master or operator before the goods are taken on board containing the following information:
the information listed in Annex I(2);
for the substances referred to in Annex I to the Marpol Convention, the safety data sheet detailing the physico-chemical characteristics of the products, including, where applicable, their viscosity expressed in cSt at 50 °C and their density at 15 °C and the other data contained in the safety data sheet in accordance with IMO Resolution MSC.286(86);
the emergency numbers of the shipper or any other person or body in possession of information on the physico-chemical characteristics of the products and on the action to be taken in an emergency.
Article 13
Notification of dangerous or polluting goods carried on board
The procedure put in place must ensure that the competent authority has access to the information indicated in Annex I(3) at all times should it be needed. To this end, the port authority concerned shall retain the information listed in Annex I(3) long enough for it to be usable in the event of an incident or accident at sea. The port authority shall take the necessary measures to provide this information electronically and without delay to the competent authority, 24 hours a day upon request.
The information must be transferred electronically whenever practicable. The electronic message exchange must use the syntax and procedures set out in Annex III.
Article 14
Computerised exchange of data between Member States
Member States shall cooperate to ensure the interconnection and interoperability of the national systems used to manage the information indicated in Annex I.
Communication systems set up pursuant to the first subparagraph must display the following features:
data exchange must be electronic and enable messages notified in accordance with Article 13 to be received and processed;
the system must allow information to be transmitted 24 hours a day;
upon request, through SafeSeaNet, and if needed for the purpose of maritime safety or security or the protection of the maritime environment, Member States shall be able to send information on the ship and the dangerous or polluting goods on board to the national and local competent authorities of another Member State without delay.
Article 15
Exemptions
Member States may exempt scheduled services performed between ports located on their territory from the requirements of Articles 4 and 13 provided the following conditions are met:
the company operating those scheduled services keeps and updates a list of the ships concerned and sends that list to the competent authority concerned;
for each voyage performed, the information listed in Parts 1 or 3, as appropriate, of Annex I is kept available for the competent authority upon request. The company shall establish an internal system to ensure that, upon request 24 hours a day and without delay, such information can be sent to the competent authority electronically, in accordance with Article 4(1) or Article 13(4), as appropriate;
any deviations from the estimated time of arrival at the port of destination or pilot station of three hours or more are notified to the port of arrival or to the competent authority in accordance with Article 4 or Article 13, as appropriate;
exemptions are only granted to individual vessels as regards a specific service.
For the purposes of the first subparagraph, the service shall not be regarded as a scheduled service unless it is intended to be operated for a minimum of one month.
Exemptions from the requirements of Articles 4 and 13 shall be limited to voyages of a scheduled duration of up to 12 hours.
TITLE III
MONITORING OF HAZARDOUS SHIPS AND INTERVENTION IN THE EVENT OF INCIDENTS AND ACCIDENTS AT SEA
Article 16
Transmission of information concerning certain ships
Ships meeting the criteria set out below shall be considered to be ships posing a potential hazard to shipping or a threat to maritime safety, the safety of individuals or the environment:
ships which, in the course of their voyage:
ships in respect of which there is proof or presumptive evidence of deliberate discharges of oil or other infringements of the MARPOL Convention in waters under the jurisdiction of a Member State;
ships which have been refused access to ports of the Member States or which have been the subject of a report or notification by a Member State in accordance with Annex I-1 to Council Directive 95/21/EC of 19 June 1995 on port State control of shipping ( 2 );
ships which have failed to notify, or do not have, insurance certificates or financial guarantees pursuant to any Community legislation and international rules;
ships which have been reported by pilots or port authorities as having apparent anomalies which may prejudice their safe navigation or create a risk for the environment.
Article 17
Reporting of incidents and accidents at sea
Without prejudice to international law and with a view to preventing or mitigating any significant threat to maritime safety, the safety of individuals or the environment, Member States shall monitor and take all appropriate measures to ensure that the master of a ship sailing within their search and rescue region/exclusive economic zone or equivalent, immediately reports to the coastal station responsible for that geographical area:
any incident or accident affecting the safety of the ship, such as collision, running aground, damage, malfunction or breakdown, flooding or shifting of cargo, any defects in the hull or structural failure;
any incident or accident which compromises shipping safety, such as failures likely to affect the ship's manoeuvrability or seaworthiness, or any defects affecting the propulsion system or steering gear, the electrical generating system, navigation equipment or communications equipment;
any situation liable to lead to pollution of the waters or shore of a Member State, such as the discharge or threat of discharge of polluting products into the sea;
any slick of polluting materials and containers or packages seen drifting at sea.
Article 18
Measures in the event of exceptionally bad weather
Where the competent authorities designated by Member States consider, in the event of exceptionally bad weather or sea conditions, that there is a serious threat of pollution of their shipping areas or coastal zones, or of the shipping areas or coastal zones of other States, or that the safety of human life is in danger:
they should, where possible, fully inform the master of a ship which is in the port area concerned, and intends to enter or leave that port, of the sea state and weather conditions and, when relevant and possible, of the danger they may present to his/her ship, the cargo, the crew and the passengers;
they may take, without prejudice to the duty of assistance to ships in distress and in accordance with Article 20, any other appropriate measures, which may include a recommendation or a prohibition either for a particular ship or for ships in general to enter or leave the port in the areas affected, until it has been established that there is no longer a risk to human life and/or to the environment;
they shall take appropriate measures to limit as much as possible or, if necessary, prohibit the bunkering of ships in their territorial waters.
Article 18a
Measures in the event of risks posed by the presence of ice
Where the competent authorities consider, in view of ice conditions, that there is a serious threat to the safety of human life at sea or to the protection of their shipping areas or coastal zones, or of the shipping areas or coastal zones of other States:
they shall supply the master of a ship which is in their area of competence, or intends to enter or leave one of their ports, with appropriate information on the ice conditions, the recommended routes and the icebreaking services in their area of competence;
they may, without prejudice to the duty of assistance to ships in need of assistance and other obligations flowing from relevant international rules, request that a ship which is in the area concerned and intends to enter or leave a port or terminal or to leave an anchorage area document that it satisfies the strength and power requirements commensurate with the ice situation in the area concerned.
Article 19
Measures relating to incidents or accidents at sea
Annex IV sets out a non-exhaustive list of measures available to Member States pursuant to this Article.
To this end they shall communicate to the competent national authorities, on request, the information referred to in Article 12.
Article 20
Competent authority for the accommodation of ships in need of assistance
Article 20a
Plans for the accommodation of ships in need of assistance
The plans referred to in paragraph 1 shall be prepared after consultation of the parties concerned, on the basis of IMO Resolutions A.949(23) and A.950(23), and shall contain at least the following:
the identity of the authority or authorities responsible for receiving and handling alerts;
the identity of the competent authority for assessing the situation and taking a decision on acceptance or refusal of a ship in need of assistance in the place of refuge selected;
information on the coastline of Member States and all elements facilitating a prior assessment and rapid decision regarding the place of refuge for a ship, including a description of environmental, economic and social factors and natural conditions;
the assessment procedures for acceptance or refusal of a ship in need of assistance in a place of refuge;
the resources and installations suitable for assistance, rescue and combating pollution;
procedures for international coordination and decision-making;
the financial guarantee and liability procedures in place for ships accommodated in a place of refuge.
Member States shall communicate on request the relevant information concerning plans to neighbouring Member States.
In implementing the procedures provided for in the plans for accommodating ships in need of assistance, Member States shall ensure that relevant information is made available to the parties involved in the operations.
If requested by Member States, those receiving information in accordance with the second and third subparagraphs shall be bound by an obligation of confidentiality.
Article 20b
Decision on the accommodation of ships
The authority or authorities referred to in Article 20(1) shall decide on the acceptance of a ship in a place of refuge following a prior assessment of the situation carried out on the basis of the plans referred to in Article 20a. The authority or authorities shall ensure that ships are admitted to a place of refuge if they consider such an accommodation the best course of action for the purposes of the protection of human life or the environment.
Article 20c
Financial security and compensation
Article 20d
Examination by the Commission
The Commission shall examine existing mechanisms within Member States for the compensation of potential economic loss suffered by a port or a body as a result of a decision taken pursuant to Article 20(1). It shall, on the basis of that examination, put forward and evaluate different policy options. By 31 December 2011, the Commission shall report to the European Parliament and to the Council on the results of the examination.
Article 21
Information of the parties concerned
Each Member State shall make the necessary arrangements to use fully the reports which ships are required to transmit to them pursuant to Article 17.
TITLE IV
ACCOMPANYING MEASURES
Article 22
Designation and publication of a list of competent bodies
Article 22a
SafeSeaNet
Article 23
Cooperation between Member States and the Commission
Member States and the Commission shall cooperate in attaining the following objectives:
making optimum use of the information notified pursuant to this Directive, notably by developing appropriate telematic links between coastal stations and port authorities with a view to exchanging data relating to ships' movements, their estimated times of arrival in ports and their cargo;
developing and enhancing the effectiveness of telematic links between the coastal stations of the Member States with a view to obtaining a clearer picture of traffic, improving the monitoring of ships in transit, and harmonising and, as far as possible, streamlining the reports required from ships en route;
extending the cover of the Community vessel traffic monitoring and information system, and/or updating it, with a view to enhanced identification and monitoring of ships, taking into account developments in information and communication technologies. To this end, Member States and the Commission shall work together to put in place, where necessary, mandatory reporting systems, mandatory maritime traffic services and appropriate ship's routing systems, with a view to submitting them to the IMO for approval. They shall also collaborate, within the regional or international bodies concerned, on developing long-range identification and tracking systems;
drawing up, if appropriate, concerted plans to accommodate ships in distress;
ensuring the interconnection and interoperability of the national systems used for managing the information referred to in Annex I, and developing and updating SafeSeaNet.
Article 23a
Processing and management of maritime safety information
Article 24
Confidentiality of information
Article 25
Monitoring the implementation of this Directive and sanctions
Where the seriousness of the failure shows the existence of a major incidence of non-compliance in the functioning of the safety management system of a company established in a Member State, the Member State which issued the document of compliance or safety management certificate to the ship shall immediately take the necessary measures against the company concerned with the view to having the document of compliance and the associated safety management certificate withdrawn.
Article 26
Evaluation
The Commission shall report to the European Parliament and to the Council by 5 February 2007 the results of such examination.
FINAL PROVISIONS
Article 27
Amendments
Article 27a
Exercise of the delegation
▼M5 —————
Article 29
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.
Article 30
Council Directive 93/75/EEC is hereby repealed as from 5 February 2004.
Article 31
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 32
This Directive is addressed to the Member States.
ANNEX I
LIST OF INFORMATION TO BE NOTIFIED
1. Information to be notified in accordance with Article 4 — General information:
ship identification (name, call sign, IMO identification number or MMSI number),
port of destination;
estimated time of arrival at the port of destination or pilot station, as required by the competent authority, and estimated time of departure from that port;
total number of persons on board.
2. Information to be notified in accordance with Article 12 — Cargo information:
the correct technical names of the dangerous or polluting goods, the United Nations (UN) numbers where they exist, the IMO hazard classes in accordance with the IMDG, IBC and IGC Codes and, where appropriate, the class of the ship needed for INF cargoes as defined in Regulation VII/14.2, the quantities of such goods and, if they are being carried in cargo transport units other than tanks, the identification number thereof;
address from which detailed information on the cargo may be obtained.
3. Information to be notified in accordance with Article 13:
A. General information:
ship identification (name, call sign, IMO identification number or MMSI number);
port of destination;
for a ship leaving a port in a Member State: estimated time of departure from the port of departure or pilot station, as required by the competent authority, and estimated time of arrival at the port of destination;
for a ship coming from a port located outside the Community and bound for a port in a Member State: estimated time of arrival at the port of destination or pilot station, as required by the competent authority;
total number of persons on board.
B. Cargo information:
the correct technical names of the dangerous or polluting goods, the United Nations (UN) numbers where they exist, the IMO hazard classes in accordance with the IMDG, IBC and IGC Codes and, where appropriate, the class of the ship as defined by the INF Code, the quantities of such goods and their location on board and, if they are being carried in cargo transport units other than tanks, the identification number thereof;
confirmation that a list or manifest or appropriate loading plan giving details of the dangerous or polluting goods carried and of their location on the ship is on board;
address from which detailed information on the cargo may be obtained.
4. Information referred to in Article 5:
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A. |
ship identification (name, call sign, IMO identification number or MMSI number), |
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B. |
date and time, |
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C or D. |
position in latitude and longitude or true bearing and distance in nautical miles from a clearly identified landmark, |
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E. |
course, |
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F. |
speed, |
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I. |
port destination and estimated time of arrival, |
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P. |
cargo and, if dangerous goods present on board, quantity and IMO class, |
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T. |
address for the communication of cargo information, |
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W. |
total number of persons on board, |
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X. |
Miscellaneous:
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characteristics and estimated quantity of bunker fuel, for ships of more than 1 000 gross tonnage,
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navigational status.
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5. |
The master of the ship must forthwith inform the competent authority or port authority concerned of any change to the information notified pursuant to this Annex. |
ANNEX II
Requirements applicable to on-board equipment
I. FISHING VESSELS
Fishing vessels with a length of more than 15 metres overall shall be fitted with an automatic identification system (AIS) as provided for in Article 6a according to the following timetable:
II. SHIPS ENGAGED ON INTERNATIONAL VOYAGES
Passenger ships, irrespective of size, and all ships, other than passenger ships, of 300 gross tonnage and upwards engaged on international voyages, which call at a port of a Member State shall be fitted with an automatic identification system (AIS) in accordance with the technical and performance standards laid down in Chapter V of SOLAS. Passenger ships, irrespective of size, and all ships other than passenger ships, of 3 000 gross tonnage and upwards engaged on international voyages, which call at a port of a Member State shall be fitted with a voyage data recorder (VDR) in accordance with the technical and performance standards laid down in Chapter V of SOLAS. In case of cargo ships constructed before 1 July 2002 the VDR may be a simplified voyage data recorder (S-VDR), which shall comply with the technical and performance standards developed in accordance with Chapter V of SOLAS.
III. SHIPS ENGAGED ON NON-INTERNATIONAL VOYAGES
1. Automatic identification systems (AIS)
Passenger ships, irrespective of size, and all other ships of 300 gross tonnage and upwards engaged on a non-international voyage shall be fitted with an automatic identification system (AIS) which complies with the technical and performance standards laid down in Chapter V of SOLAS.
2. Voyage data recorder (VDR) systems
(a) Passenger ships, irrespective of size, and ships other than passenger ships, of 3 000 gross tonnage and upwards and constructed on or after 1 July 2002 engaged on a non-international voyage shall be fitted with a voyage data recorder (VDR) which complies with the technical and performance standards developed in accordance with Chapter V of SOLAS.
(b) Cargo ships of 3 000 gross tonnage and upwards constructed before 1 July 2002 engaged on a non-international voyage shall be fitted with a voyage data recorder (VDR) or with a simplified voyage data recorder (S-VDR) which complies with the technical and performance standards developed in accordance with Chapter V of SOLAS.
IV. EXEMPTIONS
1. Exemptions from the requirement to carry AIS on board
(a) Member States may exempt passenger ships below 15 metres in length or 300 gross tonnage engaged on non-international voyages from the application of the requirements concerning AIS laid down in this Annex.
(b) Member States may exempt ships, other than passenger ships, of 300 gross tonnage and upwards but less than 500 gross tonnage sailing exclusively within the internal waters of a Member State and outside routes normally used by other ships fitted with AIS, from the carriage requirements for AIS laid down in this Annex.
2. Exemptions from the requirement to carry a VDR or S-VDR on board
Member States may grant exemptions from the requirement to be fitted with a VDR or an S-VDR as follows:
Passenger ships only on voyages in sea areas other than those covered by Class A, as referred to in Article 4 of Directive 2009/45/EC of the European Parliament and of the Council ( 5 ), may be exempted from the requirement to be fitted with a VDR.
Ships, other than ro-ro passenger ships, constructed before 1 July 2002 may be exempted from the requirement to be fitted with a VDR where it can be demonstrated that interfacing a VDR with the existing equipment on the ship is unreasonable and impracticable.
Cargo ships constructed before 1 July 2002, engaged on international or non-international voyages, may be exempted from the requirement to be fitted with an S-VDR if such ships are to be taken permanently out of service within two years of the implementation date specified in Chapter V of SOLAS.
ANNEX III
ELECTRONIC MESSAGES AND THE UNION MARITIME INFORMATION AND EXCHANGE SYSTEM (SAFESEANET)
1. General concept and architecture
The Union maritime information and exchange system, SafeSeaNet, shall enable the receipt, storage, retrieval and exchange of information for the purpose of maritime safety, port and maritime security, marine environment protection and the efficiency of maritime traffic and maritime transport.
SafeSeaNet is a specialised system established to facilitate the exchange of information in an electronic format between Member States and to provide the Commission and Member States with the relevant information in accordance with Union legislation. It is composed of a network of national SafeSeaNet systems in Member States and a SafeSeaNet central system acting as a nodal point.
The Union Maritime Information and Exchange network shall link all national SafeSeaNet systems, established in accordance with this Directive, and include the SafeSeaNet central system.
2. Management, operation, development and maintenance
2.1. Responsibilities
2.1.1.
Member States shall establish and maintain a national SafeSeaNet system allowing for the exchange of maritime information between authorised users under the responsibility of a national competent authority (NCA).
The NCA shall be responsible for the management of the national system, which shall include the national coordination of data users and data providers as well as ensuring that UN LOCODES are designated and that the necessary national IT infrastructure and the procedures described in the interface and functionalities control document referred to in point 2.3 are established and maintained.
The national SafeSeaNet system shall enable the inter-connection of users authorised under the responsibility of an NCA and may be made accessible to identified shipping actors (shipowners, agents, masters, shippers and others) when authorised by the NCA, in particular in order to facilitate the electronic submission and reception of reports in accordance with Union legislation.
2.1.2.
The Commission is responsible for the management and development at policy level of the central SafeSeaNet system and for the oversight of the SafeSeaNet system, in cooperation with Member States, while, in accordance with Regulation (EC) No 1406/2002 of the European Parliament and of the Council ( 6 ), the European Maritime Safety Agency, in cooperation with the Member States and the Commission, is responsible for:
The central SafeSeaNet system, acting as a nodal point, shall interconnect all national SafeSeaNet systems and shall establish the necessary IT infrastructure and procedures as described in the interface and functionalities control document referred to in point 2.3.
2.2. Principles of management
The Commission shall establish a high-level steering group, which shall adopt its rules of procedure, composed of representatives of the Member States and of the Commission to:
2.3. Interface and functionalities control document and technical documentation
The Commission shall develop and maintain, in close cooperation with the Member States, an interface and functionalities control document (IFCD).
The IFCD shall describe in detail the performance requirements and procedures applicable to the national and central elements of the SafeSeaNet system designed to ensure compliance with the relevant Union legislation.
The IFCD shall include rules for:
The IFCD shall indicate the means of storage and the availability of the information on dangerous or polluting goods concerning scheduled services to which an exemption has been granted in accordance with Article 15.
Technical documentation related to SafeSeaNet, such as standards for data exchange format, interoperability with other systems and applications, users' manuals, network security specifications and reference databases used to support reporting obligations, shall be developed and maintained by the Agency in cooperation with the Member States.
3. Exchange and sharing of data
The system shall use industry standards and be able to interact with public and private systems used to create, provide or receive information within SafeSeaNet.
The Commission and the Member States shall cooperate in order to examine the feasibility and development of functionalities that as far as possible will ensure that the data providers, including masters, owners, agents, operators, shippers and relevant authorities, need to submit information only once, taking due account of the obligations in Directive 2010/65/EU ( 7 ) and other relevant Union legislation. Member States shall ensure that the information submitted is available for use in all relevant reporting, notification, information sharing and VTMIS systems.
Member States shall develop and maintain the necessary interfaces for automatic transmission of data by electronic means to SafeSeaNet.
The central SafeSeaNet shall be used for the distribution of electronic messages and data exchanged or shared in accordance with this Directive and relevant Union legislation, inter alia:
The operation of the SafeSeaNet system should support the facilitation and establishment of the European Maritime Transport Space without Barriers.
Where internationally-adopted rules allow routing of LRIT information concerning third country vessels, SafeSeaNet networks shall be used to distribute amongst Member States, with an appropriate level of security, the LRIT information received in accordance with Article 6b of this Directive.
4. Security and access rights
The central and the national SafeSeaNet systems shall comply with the requirements of this Directive concerning confidentiality of information, as well as with the security principles and specifications described in the IFCD, in particular as regards access rights.
Member States shall identify all users to which a role and a set of access rights is attributed in compliance with the IFCD.
ANNEX IV
Measures available to Member States in the event of a threat to maritime safety and the protection of the environment
(pursuant to Article 19(1))
Where, following an incident or circumstance of the type described in Article 17 affecting a ship, the competent authority of the Member State concerned deems, within the framework of international law, that it is necessary to avert, lessen or remove a serious and imminent threat to its coastline or related interests, the safety of other ships and their crews and passengers or of persons on shore or to protect the marine environment, that authority may, in particular:
restrict the movement of the ship or direct it to follow a specific course. This requirement does not affect the master’s responsibility for the safe handling of his ship;
give official notice to the master of the ship to put an end to the threat to the environment or maritime safety;
send an evaluation team aboard the ship to assess the degree of risk, help the master to remedy the situation and keep the competent coastal station informed thereof;
instruct the master to put in at a place of refuge in the event of imminent peril, or cause the ship to be piloted or towed.
In the case of a ship which is towed under a towage or salvage agreement, the measures taken by the competent authority of a Member State under points (a) and (d) may be also addressed to the assistance, salvage and towage companies involved.
( 1 ) OJ L 138, 1.6.1999, p. 1.
( 2 ) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2001/106/EC of the European Parliament and of the Council (OJ L 19, 22.1.2002, p. 17).
( 3 ) OJ L 131, 28.5.2009, p. 128
( 4 ) OJ L 123, 12.5.2016, p. 1.
( 5 ) OJ L 163, 25.6.2009, p. 1.
( 6 ) Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).
( 7 ) Directive 2010/65/EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/EC (OJ L 283, 29.10.2010, p. 1).
( 8 ) Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ L 332, 28.12.2000, p. 81).
( 9 ) Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences (OJ L 255, 30.9.2005, p. 11).
( 10 ) Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).