Fishing Vessels [EU]

Fishing vessels

The Directive sets out minimum practical measures with a view to encouraging an improvement in the health and safety of workers on board fishing vessels.

Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [See amending acts].

Summary

The general provisions concerning improvements in the safety and health of workers (framework Directive 89/391/EEC) are fully applicable on board fishing vessels.

Owners * must comply with certain obligations aimed at ensuring the safety and health of workers *. They must therefore ensure that the fishing vessels can be used under conditions which do not compromise the safety and health of these workers. Occurrences at sea must be described in a report to be forwarded to the competent authorities. The owner must also ensure that regular technical maintenance is carried out and that any defects found which are likely to affect the safety and health of workers are rectified as quickly as possible. Owners must also check that the vessels are cleaned regularly, that emergency and survival equipment is in good working order, and take account of the personal protective equipment specifications given in Annex IV to this Directive.

Existing fishing vessels must comply with the requirements of this Directive, within 9 years at the latest of its adoption. Vessels which undergo extensive conversions after the adoption of this Directive and new vessels must comply with the requirements, within 2 years at the latest of its adoption.

Workers must be informed of measures to be taken regarding health and safety on board vessels. To this end, they must be given suitable training. More detailed training must be provided for any person likely to command a vessel. Provision must be made for the consultation and participation of workers.

Annex I deals with the minimum safety and health requirements for new fishing vessels, and Annex II with those for existing vessels. Annex III contains the minimum requirements for life-saving and survival equipment and Annex IV those for personal protective equipment. Technical adaptations of the annexes are decided by the Commission.

Background

Directive 93/103/EC supplements Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work in the fisheries sector.

Key terms used in the act

·         Owner: the registered owner or, where appropriate, the demise charterer or manager of a vessel; ·         Worker: any person carrying out an occupation on board a vessel, excluding shore personnel; ·         Fishing vessel: any vessel flying the flag of a Member State or registered under the plenary jurisdiction of a Member State used for commercial purposes for catching and/or processing fish or other resources from the sea; ·         Existing fishing vessel: any fishing vessel which is not a new fishing vessel; ·         New fishing vessel: vessel for which the building contract was signed after 23 November 2005 or, if the contract was signed before 23 November 2005, is not yet ready three years after that date, or, in the absence of a building contract, any vessel built or converted on or after that date.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 93/103/EEC	2.1.1994	23.11.1995	OJ L 307 of 13.12.1993

 

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2007/30/EC	28.6.2007	31.12.2012	OJ L 165 of 27.6.2007

Maritime safety: marine equipment

In order to ensure the safety of maritime transport, Community safety standards have been adopted concerning the performance of marine equipment carried on board ships. Under these rules, Member States of the European Union (EU) may prohibit neither the marketing nor placing on board Community vessels of equipment certified as conforming to the provisions of this directive.

Council Directive 96/98/EC of 20 December 1996 on marine equipment [See amending acts].

Summary

International conventions require marine equipment placed on board ships to conform to certain safety regulations. These include the 1974 International Convention for the Safety of Life at Sea (SOLAS). The establishment of common rules on marine equipment aims to eliminate differences in the implementation of international standards in the Member States.

Objective

The objective of this directive is to:

• enhance safety at sea and the prevention of marine pollution through the uniform application of the relevant international instruments;
• ensure the free movement of marine equipment within the Community.

Scope

The directive applies to:

• equipment for use on board a new Community ship, regardless of its place of construction;
• equipment placed on board an existing Community ship at the time of the entry into force of the directive, where equipment is replaced or where such equipment is carried on board for the first time.

The provisions of the directive do not apply to equipment which on the date of its entry into force has already been placed on board a ship.

Conformity

The marine equipment concerned is listed in the annex to the directive. From its entry into force, newly manufactured equipment must conform to the international instruments referred to in the annexes.

Equipment manufactured before the date of entry into force of the directive may be placed on board a European ship during a period of two years from that date. Such equipment must have been manufactured in accordance with the procedures already in force within the territory of the Member State concerned.

Conformity assessment

Notified bodies are responsible for assessing conformity of marine equipment with the provisions of this directive.

Different conformity assessment modules may apply. For series or mass-produced equipment, the manufacturer may choose between:

• EC type-examination (module B); or
• EC full-quality assurance and design review (module H).

For equipment produced individually or in small quantities, the manufacturer may choose between:

• EC type-examination (module B); or
• EC unit verification (module G).

The equipment concerned must bear a mark indicating conformity with the provisions of the directive.

Testing standards

International organisations such as the International Electrotechnical Commission (IEC), the European Telecommunications Standards Institute (ETSI) and the International Maritime Organisation (IMO) have produced testing standards for certain types of marine equipment. Should these international organisations fail to adopt appropriate testing standards for a specific item of equipment within a reasonable time, standards based on the work of the European standardisation organisations may be adopted. Conformity with these standards is best established by the conformity assessment procedures set out in Decision 93/465/EEC.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 96/98/EC [SYN/1995/0163]	1.1.1999	30.6.1998	OJ L 46 of 17.2.1997

 

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 98/85/EC	28.11.1998	30.4.1999	OJ L 315 of 25.11.1998
Directive 2002/75/EC	23.9.2002	23.3.2003	OJ L 254 of 23.9.2002
Directive 2002/84/EC	29.11.2002	23.11.2003	OJ L 324 of 29.11.2002
Directive 2008/67/EC	21.7.2008	21.7.2009	OJ L 171 of 1.7.2008
Regulation (EC) No 596/2009	7.8.2009	–	OJ L 188 of 18.7.2009

Successive amendments and corrections to Directive 96/98/EC have been incorporated into the basic text. This consolidated version (pdf ) is for information only.

RELATED ACTS

Council Decision 2004/425/EC of 21 April 2004 on the conclusion of an agreement between the European Community and the United States of America on the mutual recognition of certificates of conformity for marine equipment [Official Journal L 150 of 30.4.2004].