This document is the latest consolidation Directive 2002/59/EC, as amended (including amending Directives 2011/15 and 2009/17). The purpose of Directive 2011/15 was to make a number of amendments to Directive 2002/59/EC, including: the replacement of Article 12(1), point (b) on the subject of substances referred to in Annex I to the MARPOL Convention; the replacement of Annex II (Requirements applicable to on-board equipment) and; the replacement of Annex IV (Measures available to Member States in the event of a threat to maritime safety and the protection of the environment). The purpose of Directive 2009/17 was to make a number of amendments, including: facilitating the implementation and operation of SafeSeaNet in a uniform way across Europe, establishing European LRIT data centre, and extending the Directive to fishing vessels over 15m long. This document is the consolidated version, which merges the text of the amendment with that of Directive 2002/59/EC.

Amending Directive 2002/59/EC. The purpose of this Directive was to make a number of amendments in order to improve Directive 2002/59/EC, including: the replacement of Article 12(1), point (b) on the subject of substances referred to in Annex I to the MARPOL Convention; the replacement of Annex II (Requirements applicable to on-board equipment) and; the replacement of Annex IV (Measures available to Member States in the event of a threat to maritime safety and the protection of the environment).

The European Parliament and Council Directive 2005/35/EC of 7 September 2005, as amended by Directive 2009/123/EC of 21 October 2009 “on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences”, states that the European Maritime Safety Agency shall:

• (a) ‘work with the Member States in developing technical solutions and providing technical assistance …in actions such as tracing discharges by satellite monitoring and surveillance’;
• (b) ‘assist the Commission in the implementation of this Directive’ including, if appropriate, by means of visits to the Member States, in accordance with Article 3 of Regulation (EC) No 1406/2002’.

The Directive recognises that EMSA ‘has a key role to play in working with the Member States in developing technical solutions and providing technical assistance relating to the implementation of this Directive and in assisting the Commission in the performance of any task assigned to it for the effective implementation of this Directive’.

on safety rules and standards for passenger ships (Text with EEA relevance).

on common rules and standards for ship inspection and survey organisations (Text with EEA relevance)

on the liability of carriers of passengers by sea in the event of accidents (Text with EEA relevance)

Amending Directive 2002/59/EC. The purpose of this Directive was to make a number of amendments in order to improve and extend the original, including: facilitating the implementation and operation of SafeSeaNet in a uniform way across Europe, establishing European LRIT data centre, and extending the Directive to fishing vessels over 15m long.

on the insurance of shipowners for maritime claims (Text with EEA relevance)

on compliance with flag State requirements (Text with EEA relevance)

establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council.

Also known as Accident Investigation Directive (Third Maritime Package)

The measure concerns detentions following a PSC inspection in any of the Paris MoU members States. Preventions of Operation may be issued by EU member States following an inspection according Directive 99/35/EC.

According Article 16 of Directive 2009/16/EC on PSC, any type of ship will be refused access to ports and anchorages:

• If the ship flies a black listed flag and has been detained or has been issued with a Prevention of Operation three or more times in the last 36 months; or
•  If the ship flies a grey listed flag and has been detained or has been issued with a Prevention of Operation three or more times in the last 24 months;

A first refusal of access order can only be lifted after a minimum period of 3 months. A second refusal of access order for multiple detentions issued to the same ship can only be lifted after 12 months.

A third refusal of access order shall be issued to the same ship irrespective of the flag's performance (black or grey or white) in the case of any subsequent detention. In this case, the established minimum period before the refusal of access order can be lifted is 24 months. Only if the following conditions are met before the end of the minimum period, the refusal of access order may be lifted:

• The ship flies a white listed flag;
• Statutory and classification certificates are issued by an EU Recognised Organisation;
• The ship is managed by a high performance company
• A re-inspection (expanded inspection) has been carried out. This shall be an expanded inspection as per Annex VIII of the Directive.

Any subsequent detention after the third refusal of access shall result in a permanent refusal of access.

Note: Directive 2009/16 entered into force on 17 June 2009 and started being applied from 1 January 2011. This Directive replaced the Directive 95/21.

amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community

on the minimum level of training of seafarers (Text with EEA relevance)

laying down revised procedures for conducting Commission inspections in the field of maritime security (Text with EEA relevance)

on shipments waste

on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) 3051/95

The European Parliament and Council Directive 2005/35/EC of 7 September 2005, as amended by Directive 2009/123/EC of 21 October 2009 “on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences”, states that the European Maritime Safety Agency shall:

(a) ‘work with the Member States in developing technical solutions and providing technical assistance …in actions such as tracing discharges by satellite monitoring and surveillance’;

(b) ‘assist the Commission in the implementation of this Directive’ including, if appropriate, by means of visits to the Member States, in accordance with Article 3 of Regulation (EC) No 1406/2002’.

The Directive recognises that EMSA ‘has a key role to play in working with the Member States in developing technical solutions and providing technical assistance relating to the implementation of this Directive and in assisting the Commission in the performance of any task assigned to it for the effective implementation of this Directive’.

amending Directive 1999/32/EC as regards the sulphur content of marine fuels.

The Directive 1999/32/EC establishes limits on the maximum sulphur content of gas oils, heavy fuel oil in land-based applications as well as marine fuels for which it serves as the EU legal instrument to incorporate the sulphur provisions of the MARPOL Annex VI. The Directive furthermore contains some additional fuel-specific requirements for ships calling at EU ports, obligations related to the use of fuels covered by the Directive, and the placing on the market of certain fuels (e.g. marine gas oils). The Directive does not contain provisions to regulate ship emissions of NOx or PM.

By the amendment 2005/22/EC parallel requirements in the EU to those in MARPOL Annex VI in respect of the sulphur content of marine fuels was introduced. In addition, it also introduced a 0.1% maximum sulphur requirement for fuels used by ships at berth in EU ports from 1st January 2010. This directive is currently under reviewed and the review is expected to align the Directive with the 2008 MARPOL Amendment. Further information on the on-going amendment procedure can be found through:

http://ec.europa.eu/environment/air/transport/ships_directive.htm