Having regard to the Treaty establishing the European Community,
and in particular Article 84(2) thereof,
Having regard to the opinion of the Economic and Social
Committee2 ,
Acting in accordance with the procedure referred to in Article
189c of the Treaty3 ,
Whereas Community action in the sector of maritime
transport should aim at the improvement of maritime
safety;
Whereas the Torremolinos Protocol relating to the
Torremolinos International Convention for the Safety of Fishing Vessels 1977,
hereinafter referred to as the ‘Torremolinos Protocol’ was adopted on 2 April
1993;
Whereas the enforcement of this Protocol at Community
level for fishing vessels flying the flag of a Member State or operating in the
internal waters or territorial sea of a Member State or landing their catch in a
port of a Member State will enhance the safety of such fishing vessels as
various national legislations do not yet require the safety level established by
the Protocol; whereas such a common safety level will, by harmonising the
different and varying national safety requirements, ensure that competition will
take place on an equal level for fishing vessels operating in the same area
without compromising safety standards;
Whereas, in view, in particular, of the internal market
dimension, action at Community level is the most effective way to establish a
common safety level for fishing vessels throughout the
Community;
Whereas a Council Directive is the appropriate legal
instrument as it provides a framework for a uniform and compulsory application
of the safety standards by Member States, while leaving to each Member State the
choice of form and methods, that best fit its internal
system;
Whereas several important chapters of the Torremolinos
Protocol apply only to fishing vessels of 45 metres in length and over; whereas
limiting the application of the Protocol at Community level only to such vessels
would create a safety gap between the latter and smaller fishing vessels between
24 and 45 metres in length, and would therefore distort
competition;
Whereas Article 3(4) of that Protocol states that each
Party shall determine which of its regulations for which the length limit is
greater than 24 metres should apply, wholly or in part, to a fishing vessel of
24 metres in length or over but less than the prescribed length limit and
entitled to fly a flag of
that Party; whereas Article 3(5) of that
Protocol states that Parties shall endeavour to establish uniform standards for
these fishing vessels operating in the same
region;
Whereas, in order to enhance safety and to avoid
distortions of competition, the aim must be pursued of applying the safety rules
of this Directive to all fishing vessels of 24 metres in length and over,
operating in the fishing zones of the Community, irrespective of the flag they
fly; whereas this must be achieved, for fishing vessels flying the flag of third
States operating in the internal waters or territorial sea of a Member State or
landing their catch in a port of a Member State, in accordance with the general
rules of international law;
Whereas the relevant provisions of Council Directives
adopted under the social policy of the Community must continue to
apply;
Whereas Member States should, for all those reasons, apply
to new and, where required, to existing fishing vessels of 45 metres in length
and over the provisions of the Annex to the Torremolinos Protocol, taking
account of the relevant provisions listed in Annex I to this Directive; whereas
Member States should also apply the provisions of Chapters IV, V, VII and IX of
the Annex to the Torremolinos Protocol, as adapted by Annex II to this
Directive, to all new vessels of 24 metres in length and over but less than 45
metres flying their flag;
Whereas specific requirements, as set out in Annex III,
can be justified for reasons relating to specific regional circumstances, such
as geographical and climatic conditions; whereas such provisions have been
developed for operation in the northern and southern zones,
respectively;
Whereas, in order to further increase the level of safety,
vessels flying the flag of a Member State should comply with the specific
requirements set out in Annex IV;
Whereas fishing vessels flying the flag of third States
should not be allowed to operate in the internal waters or territorial sea of a
Member State or to land their catch in a Member State’s port, and therefore
compete with vessels flying the flag of a Member State, unless their flag State
has certified that they comply with the technical provisions laid down in this
Directive;
Whereas equipment complying with the requirements of
Council Directive 96/98/EC of 20 December 1996 on marine
equipment4, when
installed on board fishing vessels should be automatically recognised to be in
conformity with the specific provisions imposed on such equipment in this
Directive, since the requirements of Directive 96/98/EC are at least equivalent
to those of the Torremolinos Protocol and this Directive;
Whereas Member States could encounter local circumstances
which justify the application of specific safety measures to all fishing vessels
operating in certain areas; whereas they may also consider it appropriate to
adopt exemptions from, or equivalent requirements to, the provisions of the
Annex to the Torremolinos Protocol; whereas they should be entitled to adopt
such measures subject to control under the Committee
procedure;
Whereas at present there are no uniform international
technical standards for fishing vessels as regards their hull strength, main and
auxiliary machinery and electrical and automatic plants; whereas such standards
may be fixed according to the rules of recognised organisations or national
administrations;
Whereas, for the control of the effective implementation
and enforcement of this Directive, Member States should carry out surveys and
issue a certificate of compliance to fishing vessels which comply with the
specific requirements of this Directive;
Whereas, in order to ensure full application of this
Directive, and in accordance with the procedure established in Article 4 of the
Torremolinos Protocol, fishing vessels should be subject to port State control;
whereas a Member State may undertake controls also on board fishing vessels of
third countries which are not operating in the internal waters or territorial
sea of a Member State nor landing their catch in the ports of a Member State,
when they are in a port of that Member State, in order to verify that they
comply with that Protocol, once it has entered into
force;
- Whereas it is necessary for a committee composed of the
representatives of the Member States to assist the Commission in the effective
application of this Directive; whereas the committee set up in Article 12 of
Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements
for vessels bound for or leaving Community ports and carrying dangerous or
polluting goods5 , can take on
this task;
- Whereas, in order to ensure a consistent implementation of this
Directive, certain provisions may be adapted through this committee to take
account of relevant developments at international level;
- Whereas the International Maritime Organisation (IMO) should be
informed of this Directive in accordance with the Torremolinos
Protocol;
- Whereas, in order to ensure full application of this Directive,
Member States should lay down a system of penalties for breaching the national
provisions adopted pursuant to this Directive,