COMMISSION DIRECTIVE 2011/15/EU
of 23 February 2011
amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 27 thereof,
Whereas:
(1)
Resolution MSC.150(77) of the International Maritime Organisation (IMO) has been revoked and replaced by IMO Resolution MSC.286(86) with effect from 1 July 2009. Therefore Article 12 of Directive 2002/59/EC referring to the revoked IMO Resolution should also be updated accordingly.
(2)
The carriage requirements concerning the automatic identification Systems (AIS) and voyage data recorders (VDR) should be updated in line with the modifications to the International Convention for the Safety of Life at Sea (SOLAS) and should take account of the development of simplified VDRs, as approved by the IMO. The scope of exemptions of carriage requirements for small passenger vessels on short distances should also be made more precise and adapted to such voyages.
(3)
Following an incident at sea, the powers of intervention of Member States should be made more explicit. In particular, it should be clearly stated that they may give instructions to the assistance, salvage or towage companies in order to prevent a serious and imminent threat to its coastline or related interests, to the safety of other ships and their crews and passengers or of persons on shore or to protect the marine environment.
(4)
The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Amendments
Directive 2002/59/EC is amended as follows:
1.
in Article 12(1), point (b) is replaced by the following:
‘(b)
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).’;
2.
Annex II is replaced by Annex I to this Directive;
3.
Annex IV is replaced by Annex II to this Directive.
Article 2
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 months from its entry into force at the latest, without prejudice to the transposition date provided for by Article 2(1) of Directive 2009/17/EC of the European Parliament and of the Council (2) as far as fishing vessels are concerned. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 23 February 2011.