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EMSA

Visits to Member States on establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers

The cycle of visits to the Member States in relation to Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 on establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers, as amended, started in 2018. The cycle is expected to finish in 2023.

Article 1 of the Directive states:

The purpose of this Directive is to enhance the safety of bulk carriers calling at terminals in the Member States in order to load or unload solid bulk cargoes, by reducing the risks of excessive stresses and physical damage to the ship's structure during loading or unloading, through the establishment of:

1. harmonised suitability requirements for those ships and terminals; and

2. harmonised procedures for cooperation and communication between those ships and terminals.

The visits will in particular examine the following:

• The way in which the Directive has been implemented in operational terms.
• The provisions in place in the Member State for ensuring that terminal operators are satisfied with the operational suitability of bulk carriers for loading or unloading of solid bulk cargoes by checking compliance with the provisions of Annex I of the Directive.
• The provisions in place in the Member State for ensuring that terminal operators ensure that the terminals comply with the provisions of Annex II of the Directive.
• The provisions in place in the Member State for ensuring and applying temporary authorisations to operate for newly established terminals without a fully certified quality management system.
• The provisions in place in the Member State for ensuring that the principles of Article 7 concerning the responsibilities of masters and terminal representatives are respected and applied.
• The provisions in place in the Member State for ensuring that the procedures described in Article 8 are applied in respect of the loading or unloading of bulk carriers with solid bulk cargoes.
• The system by which the Member State ensures that its competent authorities prevent or halt the loading or unloading of solid bulk cargoes whenever they have a clear indication that the safety of the ship or crew would be endangered thereby.
• The system by which the Member State’s competent authority is informed and intervenes in cases of disagreement between the master and the terminal representative as to the application of the procedures provided for in Article 8.
• The system by which the Member State makes the arrangements necessary to ensure that if damage to the ship's structure or equipment occurs during loading or unloading, it is reported by the terminal representative to the master and, if necessary, repaired.
• The system by which the Member State makes the arrangements necessary to ensure that if the damage could impair the structural capability or watertight integrity of the hull, or the ship's essential engineering systems, the administration of the flag State, or an organisation recognised by it and acting on its behalf, and the port State control authority is informed by the terminal representative and/or the master.
• The system by which the Member State regularly verify that terminals comply with the requirements of Article 5, Article 7(2) and Article 8.
• The system by which the Member State provide the Commission every three years with a report on the results of the regular verifications.
• The provisions in place in the Member State for penalties applicable to infringements of the national provisions.

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