9.2.

98 EN Official Journal of the European Communities L 34/1

I
(Acts whose publication is obligatory)

COUNCIL DIRECTIVE 97/70/EC

of 11 December 1997
setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

THE COUNCIL OF THE EUROPEAN UNION, 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
Having regard to the Treaty establishing the European in the same area without compromising safety
Community, and in particular Article 84(2) thereof, standards;

Having regard to the proposal from the Commission (1),

(4) Whereas, in view, in particular, of the internal

Having regard to the opinion of the Economic and Social market dimension, action at Community level is
Committee (2), the most effective way to establish a common
safety level for fishing vessels throughout the
Community;
Acting in accordance with the procedure referred to in
Article 189c of the Treaty (3),

(1) Whereas Community action in the sector of (5) Whereas a Council Directive is the appropriate
maritime transport should aim at the improvement legal instrument as it provides a framework for a
of maritime safety; uniform and compulsory application of the safety
standards by Member States, while leaving to each
Member State the choice of form and methods,
(2) Whereas the Torremolinos Protocol relating to the that best fit its internal system;
Torremolinos International Convention for the
Safety of Fishing Vessels 1977, hereinafter referred
to as the ‘Torremolinos Protocol’ was adopted on
2 April 1993;
(6) Whereas several important chapters of the
Torremolinos Protocol apply only to fishing vessels
(3) Whereas the enforcement of this Protocol at of 45 metres in length and over; whereas limiting
Community level for fishing vessels flying the flag the application of the Protocol at Community level
of a Member State or operating in the internal only to such vessels would create a safety gap
waters or territorial sea of a Member State or between the latter and smaller fishing vessels
landing their catch in a port of a Member State between 24 and 45 metres in length, and would
will enhance the safety of such fishing vessels as therefore distort competition;
various national legislations do not yet require the
safety level established by the Protocol; whereas

(1) OJ C 292, 4.10.1996, p. 29. (7) Whereas Article 3(4) of that Protocol states that
(2) OJ C 66, 3.3.1997, p. 31.
(3) Opinion of the European Parliament of 24 April 1997 (OJ C
each Party shall determine which of its regulations
150, 19.5.1997, p. 30), Council Common Position of 30 for which the length limit is greater than 24 metres
June 1997 (OJ C 246, 12.8.1997, p. 1) and Decision of the should apply, wholly or in part, to a fishing vessel
European Parliament of 6 November 1997 (OJ C 358, of 24 metres in length or over but less than the
24.11.1997). prescribed length limit and entitled to fly a flag of
L 34/2 EN Official Journal of the European Communities 9.2.98

that Party; whereas Article 3(5) of that Protocol of a Member State, unless their flag State has
states that Parties shall endeavour to establish certified that they comply with the technical
uniform standards for these fishing vessels provisions laid down in this Directive;
operating in the same region;

(14) Whereas equipment complying with the

(8) Whereas, in order to enhance safety and to avoid requirements of Council Directive 96/98/EC of 20
distortions of competition, the aim must be December 1996 on marine equipment (1), when
pursued of applying the safety rules of this installed on board fishing vessels should be
Directive to all fishing vessels of 24 metres in automatically recognised to be in conformity with
length and over, operating in the fishing zones of the specific provisions imposed on such equipment
the Community, irrespective of the flag they fly; in this Directive, since the requirements of
whereas this must be achieved, for fishing vessels Directive 96/98/EC are at least equivalent to those
flying the flag of third States operating in the of the Torremolinos Protocol and this Directive;
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; (15) 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
(9) Whereas the relevant provisions of Council consider it appropriate to adopt exemptions from,
Directives adopted under the social policy of the or equivalent requirements to, the provisions of the
Community must continue to apply; Annex to the Torremolinos Protocol; whereas they
should be entitled to adopt such measures subject
to control under the Committee procedure;

(10) Whereas Member States should, for all those

reasons, apply to new and, where required, to
existing fishing vessels of 45 metres in length and (16) Whereas at present there are no uniform
over the provisions of the Annex to the international technical standards for fishing vessels
Torremolinos Protocol, taking account of the as regards their hull strength, main and auxiliary
relevant provisions listed in Annex I to this machinery and electrical and automatic plants;
Directive; whereas Member States should also whereas such standards may be fixed according to
apply the provisions of Chapters IV, V, VII and IX the rules of recognised organisations or national
of the Annex to the Torremolinos Protocol, as administrations;
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;
(17) Whereas, for the control of the effective
implementation and enforcement of this Directive,
Member States should carry out surveys and issue
(11) Whereas specific requirements, as set out in Annex a certificate of compliance to fishing vessels which
III, can be justified for reasons relating to specific comply with the specific requirements of this
regional circumstances, such as geographical and Directive;
climatic conditions; whereas such provisions have
been developed for operation in the northern and
southern zones, respectively;
(18) Whereas, in order to ensure full application of this
Directive, and in accordance with the procedure
established in Article 4 of the Torremolinos
(12) Whereas, in order to further increase the level of Protocol, fishing vessels should be subject to port
safety, vessels flying the flag of a Member State State control; whereas a Member State may
should comply with the specific requirements set undertake controls also on board fishing vessels of
out in Annex IV; 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
(13) Whereas fishing vessels flying the flag of third State, in order to verify that they comply with that
States should not be allowed to operate in the Protocol, once it has entered into force;
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 (1) OJ L 46, 17.2.1997, p. 25.
9.2.98 EN Official Journal of the European Communities L 34/3

(19) Whereas it is necessary for a committee composed introduction of measures to encourage improvements in
of the representatives of the Member States to the safety and health of workers at work (2), its
assist the Commission in the effective application individual Directives and, in particular Council Directive
of this Directive; whereas the committee set up in 93/103/EC of 23 November 1993 concerning the
Article 12 of Council Directive 93/75/EEC of 13 minimum health and safety requirements for work on
September 1993 concerning minimum board fishing vessels (13th individual Directive within the
requirements for vessels bound for or leaving meaning of Article 16(1) of Directive 89/391/EEC) (3).
Community ports and carrying dangerous or
polluting goods (1), can take on this task;

(20) Whereas, in order to ensure a consistent Article 2

implementation of this Directive, certain provisions
may be adapted through this committee to take Definitions
account of relevant developments at international
level;
For the purpose of this Directive:

(21) Whereas the International Maritime Organisation

(IMO) should be informed of this Directive in
1. ‘fishing vessel’ or ‘vessel’ means any vessel equipped
accordance with the Torremolinos Protocol;
or used commercially for catching fish or other living
resources of the sea;
(22) Whereas, in order to ensure full application of this
Directive, Member States should lay down a
system of penalties for breaching the national 2. ‘new fishing vessel’ means a fishing vessel for which:
provisions adopted pursuant to this Directive,
(a) on or after 1 January 1999 the building or major
conversion contract is placed; or

(b) the building or major conversion contract has

HAS ADOPTED THIS DIRECTIVE:
been placed before 1 January 1999, and which is
delivered three years or more after that date; or

Article 1 (c) in the absence of a building contract, on or after 1

January 1999:
Purpose
— the keel is laid, or

— construction identifiable with a specific ship

1. The purpose of this Directive is to lay down safety
begins, or
standards for seagoing fishing vessels of 24 metres in
length and over, both new, and existing, in so far as the — assembly has commenced comprising at least
Annex to the Torremolinos Protocol applies to the latter, 50 tonnes or 1 % of the estimated mass of all
and structural material, whichever is less;
— flying the flag of a Member State and registered in the
Community, or
3. ‘existing fishing vessel’ means a fishing vessel which is
— operating in the internal waters or territorial sea of a not a new fishing vessel;
Member State, or

— landing their catch in the port of a Member State. 4. ‘Torremolinos Protocol’ means the Torremolinos
Protocol relating to the Torremolinos International
Convention for the Safety of Fishing Vessels, 1977,
Recreational craft engaged in non-commercial fishing are together with the amendments thereto;
excluded from the scope of this Directive.

2. This Directive is without prejudice to the provisions 5. ‘Certificate’ means the certificate of compliance
of Council Directive 89/391/EEC of 12 June 1989 on the referred to in Article 6;

(1) OJ L 247, 5.10.1993, p. 19. Directive as last amended by (2) OJ L 183, 29.6.1989, p. 1.
Directive 96/39/EC (OJ L 196, 7.8.1996, p. 7). (3) OJ L 307, 13.12.1993, p. 1.
L 34/4 EN Official Journal of the European Communities 9.2.98

6. ‘length’ means, unless provided otherwise, 96 % of waters or territorial sea or landing their catch in their
the total length on a waterline at 85 % of the least ports unless they are certified by their flag State
moulded depth measured from the keel line, or the administration to comply with the requirements referred
length from the foreside of the stem to the axis of the to in paragraphs 1, 2, 3 and 4 and in Article 5.
rudder stock on that waterline, if that be greater. In
vessels designed with rake of keel the waterline on
which this length is measured shall be parallel to the
designed waterline; 6. Marine equipment listed in Annex A.1 to Directive
96/98/EC and complying with the requirements of the
latter, when placed on board a fishing vessel to comply
7. ‘operating’ means catching or catching and processing with the provisions of this Directive, shall be
fish or other living resources of the sea without automatically considered to be in conformity with such
prejudice to the right of innocent passage in the provisions, whether or not these provisions require that
territorial sea and the freedom of navigation in the the equipment must be approved and subjected to tests to
200 mile exclusive economic zone; the satisfaction of the administration of the flag State.

8. ‘recognised organisation’ means an organisation

recognised in conformity with Article 4 of Council
Directive 94/57/EC of 22 November 1994 on Article 4
common rules and standards for ship inspection and
survey organisations and for the relevant activities of Specific requirements, exemptions and equivalents
maritime administrations (1).

1. If a Member State or a group of Member States

considers that certain situations due to specific local
Article 3
circumstances or the vessel’s particulars require specific
General requirements safety measures for fishing vessels operating in a certain
area, and if the need therefor is demonstrated, they may,
subject to the procedure in paragraph 4, adopt such
1. Member States shall ensure that the provisions of the specific safety measures to take account of local
Annex to the Torremolinos Protocol are applied to the circumstances such as the nature and climatic conditions
fishing vessels concerned flying their flag, unless Annex I of the waters these vessels operate in, the length of their
to this Directive provides otherwise. journeys, or their particulars, such as their construction
material.

Unless provided otherwise in this Directive, existing

fishing vessels shall comply with the relevant
requirements of the Annex to the Torremolinos Protocol The measures adopted shall be added in Annex III.
not later than 1 July 1999.

2. Member States shall ensure that those requirements in 2. Member States shall apply the provisions of
Chapters IV, V, VII and IX of the Annex to the Regulation 3, paragraph 3 of Chapter 1 of the Annex to
Torremolinos Protocol which apply to vessels of 45 the Torremolinos Protocol, for adopting measures
metres in length and over are also applied to new fishing containing exemptions, subject to the procedure laid
vessels of 24 metres in length and over, flying their flag, down in paragraph 4 of this Article.
unless Annex II to this Directive provides otherwise.

3. Member States may adopt measures allowing

3. However, Member States shall ensure that vessels equivalents in accordance with Regulation 4, paragraph 1
flying their flag operating in specific areas shall comply of Chapter 1 of the Annex to the Torremolinos Protocol,
with the provisions for the relevant areas, as defined in subject to the procedure laid down in paragraph 4 of this
Annex III. Article.

4. Member States shall ensure that vessels flying their

flag shall comply with the specific safety requirements 4. A Member State which avails itself of the provisions
laid down in Annex IV. of paragraphs 1, 2 or 3 shall follow the following
procedure:

5. Member States shall prohibit fishing vessels flying the

(a) The Member State shall notify the Commission of the
flag of a third country from operating in their internal
measures which it intends to adopt, including
particulars to the extent necessary to confirm that the
(1) OJ L 319, 12.12.1994, p. 20. level of safety is adequately maintained.
9.2.98 EN Official Journal of the European Communities L 34/5

(b) If, within a period of six months from the 2. The periods of validity of the certificates referred to
notification, it is decided, in accordance with the in paragraph 1 shall not exceed those established in
procedure laid down in Article 9, that the proposed Regulation 11 of Chapter 1 of the Annex to the
measures are not justified, the said Member State may Torremolinos Protocol. Renewal of the certificate of
be required to amend or not to adopt the proposed compliance, shall be issued after periodical surveys, in
measures. accordance with Regulation 6 of Chapter 1 of the Annex
to the Torremolinos Protocol, have been carried out.
(c) The adopted measures shall be specified in the
relevant national legislation and communicated to the
Commission, which shall inform the other Member Article 7
States of all particulars thereof.
Control provisions
(d) Any of such measures shall be applied to all fishing
vessels when operating under the same specified
1. Fishing vessels operating in the internal waters or
conditions, without discrimination with regard to
territorial sea of a Member State or landing their catch in
their flag or to the nationality of their operator.
its ports and not being fishing vessels flying the flag of
that Member State shall be subject to control by the
(e) The measures referred to in paragraph 2 shall only Member State, in accordance with Article 4 of the
apply as long as the fishing vessel operates under the Torremolinos Protocol and without discrimination with
specified conditions. regard to flag or nationality of the operator, in order to
verify that they comply with this Directive.

Article 5 2. Fishing vessels, 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 and
Standards for design, construction and maintenance flying the flag of another Member State, shall be subject
to control by the Member State, when in its ports, in
accordance with Article 4 of the Torremolinos Protocol
The standards for the design, construction and
and without discrimination with regard to flag or
maintenance of hull, main and auxiliary machinery,
nationality of the operator, in order to verify that they
electrical and automatic plants of a fishing vessel shall be
comply with this Directive.
the rules in force at the date of its construction, specified
for classification by a recognised organisation or used by
an administration. 3. Fishing vessels flying the flag of a third State, which
are not operating in the internal waters or territorial sea
of a Member State nor landing their catch in the ports of
For new vessels, these rules shall be in accordance with a Member State, shall be subject to control by the
the procedure and subject to the conditions laid down in Member State, when in its ports, in accordance with
Article 14(2) of Directive 94/57/EC. Article 4 of the Torremolinos Protocol, in order to verify
their compliance with the Torremolinos Protocol, once it
has entered into force.

Article 6
Article 8
Surveys and certificates
Adaptations

1. Member States shall issue to fishing vessels flying In accordance with the procedure laid down in Article
their flag and complying with Articles 3 and 5, a 9:
certificate of compliance with the terms of this Directive,
supplemented by a record of equipment and, where (a) provisions may be adopted and incorporated for:
appropriate, exemption certificates. The certificate of
— a harmonised interpretation of provisions of the
compliance, record of equipment and exemption
Annex to the Torremolinos Protocol which have
certificate shall have a format as laid down in Annex V.
been left to the discretion of the administrations
The certificates shall be issued by the administration of
of individual contracting parties, as far as
the flag State or by a recognised organisation acting on
necessary to ensure their consistent
its behalf after an initial survey, carried out by the
implementation in the Community,
exclusive surveyors either of the administration of the
flag State itself or of a recognised organisation or of the — the implementation of this Directive without
Member State authorised by the flag State to carry out broadening its scope.
surveys, in accordance with Regulation 6, paragraph
(1)(a) of Chapter 1 of the Annex to the Torremolinos (b) Articles 2, 3, 4, 6 and 7 of this Directive may be
Protocol. adapted and its Annexes may be amended in order to
L 34/6 EN Official Journal of the European Communities 9.2.98

apply, for the purpose of this Directive, subsequent Article 11

amendments to the Torremolinos Protocol which
have entered into force after the adoption of this Penalties
Directive.
Member States shall lay down the system of penalties for
breaching the national provisions adopted pursuant to
this Directive and shall take all the measures necessary to
Article 9 ensure that those penalties are applied. The penalties thus
provided for shall be effective, proportionate and
Committee dissuasive.

1. The Commission shall be assisted by the committee

established by Article 12(1) of Directive 93/75/EEC. Article 12
Implementation
2. Where reference is made to this Article, the following
procedure shall apply: 1. Member States shall bring into force the laws,
regulations and administrative provisions necessary to
(a) The representative of the Commission shall submit to comply with this Directive before 1 January 1999. They
the committee a draft of the measures to be taken. shall forthwith inform the Commission thereof.
The committee shall deliver its opinion on the draft
within a time limit which the chairman may lay down When Member States adopt these measures, they shall
according to the urgency of the matter. The opinion contain a reference to this Directive or shall be
shall be delivered by the majority laid down in Article accompanied by such reference on the occasion of their
148(2) of the Treaty in the case of decisions which official publication. The methods of making such a
the Council is required to adopt on a proposal from reference shall be laid down by Member States.
the Commission. The votes of the representatives of
the Member States within the committee shall be
2. Member States shall immediately communicate to the
weighted in the manner set out in that Article. The
Commission all provisions of domestic law which they
chairman shall not vote.
adopt in the field governed by this Directive. The
(b) The Commission shall adopt the measures envisaged Commission shall inform the other Member States
if they are in accordance with the opinion of the thereof.
committee.

(c) If the measures envisaged are not in accordance with Article 13

the opinion of the committee, or if no opinion is Entry into force
delivered, the Commission shall, without delay,
submit to the Council a proposal relating to the This Directive shall enter into force on the 20th day
measures to be taken. The Council shall act by a following its publication in the Official Journal of the
qualified majority. European Communities.
If, on the expiry of eight weeks from the date of the
referral to the Council, the Council has not acted, the Article 14
proposed measures shall be adopted by the
Commission. Addressees

This Directive is addressed to the Member States.

Article 10

Notification to IMO Done at Brussels, 11 December 1997.

The Presidency of the Council and the Commission shall For the Council
inform the IMO of the adoption of this Directive,
The President
whereby reference shall be made to Article 3(5) of the
Torremolinos Protocol. M. DELVAUX-STEHRES
9.2.98 EN Official Journal of the European Communities L 34/7

ANNEX I

Adaptation of provisions of the Annex to the Torremolinos Protocol for application of Article 3(1) of
Council Directive 97/70/EC

CHAPTER I: GENERAL PROVISIONS

Regulation 2: Definitions

Paragraph 1 ‘New vessel’ has to be replaced by the definition of ‘new fishing vessel’ contained in Article 2
of this Directive.

CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE

FIGHTING

Regulation 2: Definitions

Paragraph 2 ‘standard fire test’ to be read with the following changes at the end with regard to the standard
temperature curve:
‘... The standard time-temperature curve is defined by a smooth curve drawn through the following
internal furnace temperature points:
initial internal furnace temperature 20 °C
at the end of the first five minutes 576 °C
at the end of 10 minutes 679 °C
at the end of 15 minutes 738 °C
at the end of 30 minutes 841 °C
at the end of 60 minutes 945 °C.’

CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS

Regulation 1: Application

Paragraph 2 to be read as follows:

‘Regulations 13 and 14 shall also apply to existing vessels of 45 metres in length and over, provided that
the administration may defer the implementation of the requirements of these regulations until 1 February
1999.’

Regulation 13: Radio life-saving appliances

Paragraph 2 to be read as follows:

‘Two-way VHF radiotelephone apparatus provided on board existing vessels and not complying with the
performance standards adopted by the organisation may be accepted by the administration until 1
February 1999, provided that the administration is satisfied that they are compatible with approved
two-way VHF radiotelephone apparatus.’

CHAPTER IX: RADIO COMMUNICATIONS

Regulation 1: Application

Paragraph 1, second sentence to be read as follows:

‘However, for existing vessels, the administration may defer the implementation of the requirements until
1 February 1999.’

Regulation 3: Exemptions

Paragraph 2(c) to be read as follows:

‘when the vessel will be taken permanently out of service before 1 February 2001.’
L 34/8 EN Official Journal of the European Communities 9.2.98

ANNEX II

Adaptation of provisions of Chapters IV, V, VII and IX of the Annex to the Torremolinos Protocol, in
accordance with Article 3(4) of the latter, for application to new fishing vessels with a length of 24 metres
and over

CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY

UNATTENDED MACHINERY SPACES

Regulation 1: Application

To be read as follows:

‘Unless provided otherwise, this chapter shall apply to new fishing vessels of 24 metres in length and
over.’

Regulation 7: Communication between the wheelhouse and machinery space

To be read with the following addition:

‘Two separate means of communication ... shall be provided, one of which shall be an engine room
telegraph, except that in vessels of less than 45 metres in length, where the propulsion machinery is
directly controlled from the wheelhouse, the administration may accept means of communication other
than an engine room telegraph.’

Regulation 8: Wheelhouse control of propulsion machinery

Paragraph 1(d) to be read with the following addition:

‘... or control room. On vessels of less than 45 metres in length the administration may permit the control
station in the machinery space to be an emergency station only, provided that the monitoring and control
in the wheelhouse is adequate.’

Regulation 16: Main source of electrical power

Paragraph 1(b) to be read with the following addition:

‘... sets being stopped. However, in vessels of less than 45 metres in length, in the event of any one of the
generating sets being stopped, it shall only be necessary to ensure the functioning of the services essential
for propulsion and safety of the vessels.’

Regulation 17: Emergency source of electrical power

Paragraph 6 to be read with the following insertion:

‘An accumulator battery fitted in accordance with this Regulation, other than batteries fitted for the radio
transmitter and receiver in vessels of less than 45 metres in length, shall be installed...’.

Regulation 22: Alarm system

Paragraph 2(a) to be read with the following addition:

‘The alarm system ... at a suitable position. However, in vessels of less than 45 metres in length the
administration may permit the system to be capable of sounding and indicating visually each separate
alarm function in the wheelhouse only.’

Paragraph 2(b) to be read with the following addition:

‘In vessels of 45 metres in length and over the alarm system shall have a connection ...’.
9.2.98 EN Official Journal of the European Communities L 34/9

Paragraph 2(c) to be read with the following addition:

‘In vessels of 45 metres in length and over an engineer’s alarm ...’.

CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE

FIGHTING

Regulation 2: Definitions

Paragraph 14(b) to be read with the following change:

‘... not less than 375 kilowatts’.

PART C

Replace the title as follows:

‘PART C — FIRE SAFETY MEASURES IN VESSELS OF 24 METRES IN LENGTH AND OVER BUT
LESS THAN 60 METRES’

Regulation 35: Fire pumps

Insert following paragraph:

‘Notwithstanding the provision of Regulation V/35(1), at least two fire pumps shall always be
provided.’

Add to paragraph 8:
‘... or 25 m3/h, whichever is the greatest.’

Regulation 40: Fire-extinguishing appliances in machinery spaces

Paragraph 1(a) to be read with the following change:

‘... of not less than 375 kilowatts ...’.

CHAPTER VII: LIFE-SAVING APPLIANCES AND ARRANGEMENTS

Regulation 1: Application

Paragraph 1 to be read with following changes:

‘1. Unless provided otherwise, this chapter shall apply to new vessels of 24 metres in length and over.’

Regulation 5: Number and types of survival craft and rescue boats

1. Beginning of paragraph 3 to be read as follows:

‘Vessels of less than 75 metres in length but of 45 metres in length and over shall comply with the
following:’.

2. Read with a new paragraph 3(a):

‘(3a) Vessels of less than 45 metres in length shall be provided with:
(a) survival craft of sufficient aggregate capacity to accommodate at least 200 % of the total number of
persons on board. Sufficient of these survival craft to accommodate at least the total number of
persons on board shall be capable of being launched from either side of the vessel; and
(b) a rescue boat, except where the administration is satisfied that because of the size and the
manoeuvrability of the vessel, the near availability of search and rescue facilities and meteorological
warning systems, the operation of the vessel in areas not susceptible to heavy weather or the seasonal
characteristics of the operation, such provision is unnecessary.’

3. Beginning of paragraph 4 to be read as follows:

‘In lieu of meeting the requirements of paragraphs 2(a), 3(a) and 3a(a) vessels may carry ...’.
L 34/10 EN Official Journal of the European Communities 9.2.98

Regulation 10: Lifebuoys

1. Read subparagraph 1(b) as follows:
‘six lifebuoys in vessels of less than 75 metres in length but 45 metres in length and over;’.
2. Insert a new subparagraph 1(c) as follows:
‘1(c) four lifebuoys in vessels of less than 45 metres in length.’

Regulation 13: Radio life-saving appliances

Insert a new paragraph 1a to read as follows:
‘1a However, for vessels of less than 45 metres in length the number of such apparatus may be reduced
to two, if the administration considers the requirement to carry three such apparatus unnecessary taking
into account the operation area of the vessel and the number of persons employed on board;’.

Regulation 14: Radar transponders

To be read with the following addition at the end:
‘... in each survival craft. On every vessel of less than 45 metres in length at least one radar transponder
shall be carried.’

CHAPTER IX: RADIO COMMUNICATIONS

Regulation 1: Application
Read paragraph 1, first sentence as follows:
‘Unless provided otherwise, this chapter shall apply to new vessels of 24 metres in length and over and to
existing vessels of 45 metres in length and over.’
9.2.98 EN Official Journal of the European Communities L 34/11

ANNEX III

Regional and local provisions (Articles 3(3) and 4(1))

A. ‘Northern’ regional provisions

1. Area of application

Unless mentioned otherwise elsewhere, the waters north of the boundary as illustrated on the chart
attached to this Annex, excluding the Baltic Sea. This boundary is defined by the parallel of latitude
62° N from the west coast of Norway to longitude 4° W, thence the meridian of longitude 4° W to
latitude 60° 309 N, thence the parallel of latitude 60° 309 N to longitude 5° W, thence the meridian
of longitude 5° W to latitude 60° N, thence the parallel of latitude 60° N to longitude 15° W,
thence the meridian of longitude 15° W to latitude 62° N, thence the parallel of latitude 62° N to
longitude 27° W, thence the meridian of longitude 27° W to latitude 59° N and thence the parallel
of latitude 59° N to the west.

2. Definitions

‘Heavy drift ice’ is drift ice covering 8/10 or more of the sea surface.

3. Regulation III/7(1) (Operating conditions)

In addition to the specific operating conditions given in Regulation III/7(1) the following operating
conditions shall also be considered:

(e) operating condition (b), (c) or (d), whichever produces the lowest values of the stability
parameters contained in the stability criteria listed in Regulation 2, shall be calculated including
allowance for ice accretion in accordance with the provisions of Regulation III/8;

(f) for purse seiners: departure from the fishing grounds with the fishing gear, no catch and 30 %
stores, fuel, etc., including allowance for ice accretion in accordance with the provisions of
Regulation III/8.

4. Regulation III/8 (Ice accretion)

The specific requirements of Regulation III/8 and the specific guidance given in Recommendation 2
by the Torremolinos conference shall be applied within the region concerned, i.e. also outside the
boundaries shown in the chart accompanying the said Recommendation.

Notwithstanding the provisions of Regulation III/8(1)(a) and (b) the following icing allowance shall
be made in the stability calculations for vessels operating in the area north of latitude 63° N,
between longitude 28° W and longitude 11° W:

(a) 40 kilograms per square metre on exposed weather decks and gangways;

(b) 10 kilograms per square metre for projected lateral area of each side of the vessel above the
water plane.

5. Regulations VII/5(2)(b) and (3)(b) (Number and types of survival craft and rescue boats)

Notwithstanding the provisions of Regulation VII/5 (2)(b), (3)(b), and (3a), for fishing vessels
whose hull is built to comply with the rules of a recognised organisation for operation in waters
with heavy drift ice concentration in compliance with Regulation II/1/2 of the Annex to the
Torremolinos Protocol, the rescue boat/lifeboat required in (2)(b), (3)(b) or (3a)(b) shall at least be
partially covered (as defined in Regulation VII/18) and shall have sufficient capacity to
accommodate all persons on board.

6. Regulation VII/9 (Immersion suits and thermal protective aids)

Notwithstanding the provisions of Regulation VII/9 an approved immersion suit, of an appropriate

size, complying with the provisions of Regulation VII/25, including the measures applied to that
Regulation and listed in this Annex under item 1.8, shall be provided for every person on board.
L 34/12 EN Official Journal of the European Communities 9.2.98

7. Regulation VII/14 (radar transponder)

In addition to the provisions of Chapter VII, Part B, every lifeboat, rescue boat and life-raft shall
permanently be equipped with an approved radar transponder capable of operating in the 9 GHz
band.

8. Regulation VII/25 (Immersion suits)

Notwithstanding the provisions of Regulation VII/25 all immersion suits required under item 1.6 of
this Annex shall, as a single unit, be made of material with inherent insulation and shall also
comply with the buoyancy requirements of Regulation VII/24(1)(c)(i). All other relevant
requirements of Regulation VII/25 shall also be complied with.

9. Regulation X/3(7) (Radar installations)

Notwithstanding the provisions of Regulation X/3(7), every vessel of 24 metres in length and over
shall be fitted with a radar installation to the satisfaction of the administration. This radar
installation shall be capable of operating in the 9 GHz band.

10. Regulation X/5 (Signalling equipment)

In addition to the provisions of Regulation X/5, every vessel shall, when operating in waters where
drift ice may occur, be fitted with at least one searchlight with a lighting capacity of at least 1 lux,
measured at a distance of 750 metres.

B. ‘Southern’ regional provisions

1. Areas of application
The Mediterranean sea and the coastal areas, within 20 miles from the coast of Spain and Portugal,
of the summer zone of the Atlantic Ocean, as defined on the ‘Chart of zones and seasonal areas’ in
Annex II to the 1996 International Convention on Load Lines (1), as amended.

2. Regulation VII/9(1) (Immersion suits)

Taking into consideration the provisions of paragraph 4 of Regulation VII/9, add at the end of
paragraph 1 the following sentence:
‘For vessels of less than 45 metres in length the number of immersion suits need not be greater than
two.’

3. Regulation IX/1 (Radio communications)

Add a new paragraph 1a as follows:
‘This chapter shall also apply to new vessels of 24 metres in length and over, provided that the area
in which they operate is supported appropriately by a coast station operating in accordance with
IMO master plan.’

(1) International Convention on Load Lines, 1966, adopted on 5 April 1966 by the International Conference on Load
Lines, held in London upon the invitation of the Intergovernmental Maritime Consultative Organisation.
9.2.98 EN Official Journal of the European Communities L 34/13

NORTHERN REGION
L 34/14 EN Official Journal of the European Communities 9.2.98

ANNEX IV

Specific safety requirements (Article 3(4))

CHAPTER II: CONSTRUCTION, WATERTIGHT INTEGRITY AND EQUIPMENT

Add following new Regulations:

‘Regulation 16: Working decks within an enclosed superstructure

1. Such decks shall be fitted with an efficient drainage system having an appropriate drainage capacity to
dispose of washing water and fish guts.

2. All openings necessary for fishing operations shall be provided with means for quick and efficient
closure by one person.

3. Where the catch is brought on to such decks for handling or processing, the catch shall be placed in a
pound. Such pounds shall comply with Regulation 11 of Chapter III. An efficient drainage system
shall be fitted. Adequate protection against inadvertent influx of water to the working deck shall be
provided.

4. At least two exits from such decks shall be provided.

5. The clear headroom in the working space shall at all points be not less than two metres.

6. A fixed ventilation system providing at least six changes of air per hour shall be provided.

Regulation 17: Draught marks

1. All ships shall be provided with draught marks in decimetres on the stem and the stern on both
sides.

2. Such marks shall be placed as close as practicable to the perpendiculars.

Regulation 18: Tanks for fish in refrigerated (RSW) or chill.ed (CSW) sea water

1. If RSW- or CSW-tanks or similar tank systems are used, such tanks shall be provided with a separate,
permanently fitted arrangement for the filling and emptying of seawater.

2. If such tanks are to be used also for carrying dry cargo, the tanks shall be arranged with a bilge
system and provided with adequate means to avoid ingress of water from the bilge system into the
tanks.’

CHAPTER III: STABILITY AND ASSOCIATED SEAWORTHINESS

Regulation 9: Inclining test

Add following new paragraph 4:

‘4. The inclining test and determination of conditions required by Regulation III/9(1) shall be performed
at least every 10 years.’

CHAPTER IV: MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY

UNATTENDED MACHINERY SPACES

Regulation 13: Steering gear

Add following text to paragraph 10:

‘If this power source is electrical, the emergency source of electrical power shall be capable of serving the
auxiliary means for activating the rudder for a period of at least 10 minutes.’

Regulation 16: Main source of electrical power

Add following paragraph 3:

‘3. Navigation lights, if solely electrical, shall be supplied through their own separate switchboard and
adequate means for the monitoring of such lights shall be provided.’
9.2.98 EN Official Journal of the European Communities L 34/15

Regulation 17: Emergency source of electrical power

Notwithstanding paragraph 2, for vessels of a length of 45 metres and over, the emergency source of
electrical power shall be capable of serving the installations listed in that Regulation for a period of not less
than eight hours.

CHAPTER V: FIRE PROTECTION, FIRE DETECTION, FIRE EXTINCTION AND FIRE

FIGHTING

Regulation 22: Fire-extinguishing appliances in machinery spaces

Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a
fixed fire-extinguishing arrangement.

Regulation 40: Fire-extinguishing appliances in machinery spaces

Notwithstanding the provisions of this Regulation, all machinery spaces of category A shall be fitted with a
fixed fire-extinguishing arrangement.
9.2.98 EN Official Journal of the European Communities L 34/17

ANNEX V

FORMS OF CERTIFICATE OF COMPLIANCE, EXEMPTION CERTIFICATE, AND RECORD OF

EQUIPMENT

CERTIFICATE OF COMPLIANCE

This certificate of compliance shall be supplemented by a record of equipment

(Official seal) (State)

for a new/existing (1) fishing vessel

Issued under the provisions of the

................................................................................................................................................................
(Name of the relevant measure(s) introduced by the Member State)

and confirming compliancy of the vessel named hereafter with the provisions of Council
Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in
length and over,

under the authority of the Government of ..........................................................................................

(Full official designation of the Member State)

by ..........................................................................................................................................................
(Full official designation of the competent organisation recognised under the provisions of the Council Directive
94/57/EC)

Distinctive numbers
Name of the ship Port of registry Length (2)
or letters

Date of building or major conversion contract (3): ...............................................................

Date on which the keel was laid or ship was at a similar

stage of construction (3): ...............................................................

Date of delivery or completion of major conversion (3): ...............................................................

(1) Delete as appropriate in accordance with the definitions of Article 2(2) and (3).
(2) Length as defined in Article 2(6).
(3) In accordance with the definitions of Article 2(2).
L 34/18 EN Official Journal of the European Communities 9.2.98

(Reverse of certificate)

Initial survey

THIS IS TO CERTIFY:

1. that the ship has been surveyed in accordance with Regulation I/6 (1) (a) of the Annex to the
Torremolinos Protocol of 1993;

2. that the survey showed that:

1. the ship fully complies with the requirements of Council Directive 97/70/EC; and
2. the maximum permissible operating draught associated with each operating condition for the
vessel is contained in the approved stability booklet dated .................................................... ;
3. that an Exemption Certificate has/has not (1) been issued.

This certificate is valid until .............................................................. subject to surveys in accord-

dance with Regulation I/6 (1) (b) (ii) and (iii) and (c).

Issued at ...................................................................................., on .............................................

(Place of issue of certificate) (Date of issue)

..........................................................................................................
(Signature of official issuing the certificate)
and/or
(Seal of issuing authority)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Member State to issue this
certificate.

..........................................................................................................
(Signature)

(1) Delete as appropriate.

9.2.98 EN Official Journal of the European Communities L 34/19

(Next page of certificate)

Endorsement to extend the validity of the certificate for a period of grace where Regulation
I/11 (1) applies

This certificate shall, in accordance with Regulation I/11 (1), be accepted as valid until
................................................................

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)

Endorsement to extend the validity of the certificate until reaching the port of survey or for a
period of grace where Regulation I/11 (2) or Regulation I/11 (4) applies

This certificate shall, in accordance with Regulation I/11 (2)/Regulation I/11 (4) (1), be accepted as
valid until ..................................................................

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)

(1) Delete as appropriate.

9.2.98 EN Official Journal of the European Communities L 34/21

(Next page of certificate)

Endorsement for periodical surveys

Equipment survey

THIS IS TO CERTIFY that, at a survey as required by Regulation I/6 (1) (b) (ii), the vessel was found
to comply with the relevant requirements.

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)

Radio surveys

THIS IS TO CERTIFY that, at a survey as required by Regulation I/6 (1) (b) (iii), the vessel was
found to comply with the relevant requirements.

First periodical radio survey:

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)
L 34/22 EN Official Journal of the European Communities 9.2.98

(Next page of certificate)

Second periodical radio survey:

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)

Third periodical radio survey:

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)

Endorsement for intermediate survey

THIS IS TO CERTIFY that, at a survey as required by Regulation I/6 (1) (c), the vessel was found to
comply with the relevant requirements.

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)
9.2.98 EN Official Journal of the European Communities L 34/23

EXEMPTION CERTIFICATE

(Official seal) (State)

for a new/existing (1) fishing vessel

Issued under the provisions of the

................................................................................................................................................................
(Name of the relevant measure(s) introduced by the Member State)

and confirming compliancy of the vessel named hereafter with the provisions of Council
Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in
length and over,

under the authority of the Government of ..........................................................................................

(Full official designation of the Member State)

by ..........................................................................................................................................................
(Full official designation of the competent organisation recognised under the provisions of the Council Directive
94/57/EC)

Particulars of the vessel:

Distinctive numbers
Name of the ship Port of registry Length (2)
or letters

(1) Delete as appropriate in accordance with the definitions of Article 2(2) and (3).
(2) Length as defined in Article 2(6).
L 34/24 EN Official Journal of the European Communities 9.2.98

(Reverse of certificate)

THIS IS TO CERTIFY:

that the vessel is, under the authority conferred by Regulation ........................................................ ,
exempted from the requirements of .....................................................................................................

................................................................................................................................................................

Conditions, if any, on which the exemption certificate is granted:

................................................................................................................................................................

................................................................................................................................................................

This Certificate is valid until ................................................................, subject to the certificate of

compliance, to which this certificate is attached, remaining valid.

Issued ............................................................................................... on ..............................................

(Place of issue of certificate) (Date of issue)

..........................................................................................................................................
(Signature of official issuing the certificate) and/or (Seal of issuing authority)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Member State to issue this
certificate.

..........................................................................................................
(Signature)
9.2.98 EN Official Journal of the European Communities L 34/25

(Next page of certificate)

Endorsement to extend the validity of the certificate for a period of grace where Regulation
I/11 (1) applies

This certificate shall, in accordance with Regulation I/11 (1) be accepted as valid until
................................................................ .

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)

Endorsement to extend the validity of the certificate until reaching the port of survey or for a
period of grace where Regulation I/11 (2) or Regulation I/11 (4) applies

This certificate shall, in accordance with Regulation I/11 (2)/Regulation I/11 (4) (1), be accepted as
valid until .................................................................. .

Signed: .............................................................................................................................................
(Signature of authorised official issuing the endorsement)

Place: ...............................................................................................................................................

Date: ................................................................................................................................................

.....................................................................................................
(Seal or stamp of the issuing authority)

(1) Delete as appropriate.

9.2.98 EN Official Journal of the European Communities L 34/27

(Form of supplement to the certificate of compliance)

RECORD OF EQUIPMENT

for the certificate of compliance

This record shall be permanently attached to the certificate of compliance

Record of equipment for compliance with Council Directive 97/70/EC setting up a

harmonised safety regime for fishing vessels with a length of 24 metres and over

1. Particulars of the vessel

Distinctive numbers
Name of the ship Port of registry Length (1)
or letters

2. Details of life-saving appliances:

1. Total number of persons for whom life-

saving appliances are provided ...................................................................................

Port side Starboard side

2. Total number of lifeboats ........................................ ........................................

2.1. Total number of persons accommoda-
ted by them ........................................ ........................................
2.2. Number of partially enclosed lifeboats
(Regulation VII/18) ........................................ ........................................
2.3. Number of totally enclosed lifeboats
(Regulation VII/19) ........................................ ........................................
3. Number of rescue boats ........................................ ........................................
3.1. Number of boats which are included in
the total number of lifeboats shown
above ........................................ ........................................
4. Liferafts ........................................ ........................................
4.1. Those for which approved launching
appliances are required ........................................ ........................................
4.1.1. Number of liferafts ........................................ ........................................
4.1.2. Number of persons accommodated by
them ........................................ ........................................
4.2. Those for which approved launching
appliances are not required ........................................ ........................................
4.2.1. Number of liferafts ........................................ ........................................
4.2.2. Number of persons accommodated by
them ........................................ ........................................

(1) Length as defined in Article 2(6).

L 34/28 EN Official Journal of the European Communities 9.2.98

Port side Starboard side

5. Number of lifebuoys ........................................ ........................................

6. Number of lifejackets ........................................ ........................................

7. Immersion suits ........................................ ........................................

7.1. Total number ........................................ ........................................

7.2. Number of immersion suits complying

with the requirements for lifejackets ........................................ ........................................

8. Number of thermal protective aids (1) ........................................ ........................................

9. Radio installations used in life-saving

appliances ........................................ ........................................

9.1. Number of radar transponders ........................................ ........................................

9.2. Number of two-way VHF

radiotelephone apparatus ........................................ ........................................

(1) Excluding those required by Regulation VII/17 (8) (xxi) and VII/20 (5) (a) (xxiv).

3. Details of radio facilities

Item Actual provision

1. Primary systems ........................................

1.1. VHF radio installation ........................................

1.1.1. DSC encoder ........................................

1.1.2. DSC watch receiver ........................................

1.1.3. Radiotelephony ........................................

1.2. MF radio installation ........................................

1.2.1. DSC encoder ........................................

1.2.2. DSC watch receiver ........................................

1.2.3. Radiotelephony ........................................

1.3. MF/HF radio installation ........................................

1.3.1. DSC encoder ........................................

1.3.2. DSC watch receiver ........................................

1.3.3. Radiotelephony ........................................

1.3.4. Direct-printing radiotelegraphy ........................................

1.4. Inmarsat ship-earth station ........................................

2. Secondary means of alerting ........................................

3. Facilities for reception of maritime safety information ........................................

3.1. Navtex receiver ........................................

3.2. EGC receiver ........................................

3.3. HF direct-printing radiotelegraphy receiver ........................................

9.2.98 EN Official Journal of the European Communities L 34/29

Item Actual provision

4. Satellite EPIRB ........................................

4.1. Cospas-Sarsat ........................................
4.2. Inmarsat ........................................

5. VHF EPIRB ........................................

6. Vessel’s radar transponder ........................................

7. Radiotelephone distress frequency watch receiver 2 182 kHz (1) ........................................

8. Device for generating the radiotelephone alarm signal on 2 182

kHz (2) ........................................

(1) Unless another date is determined by the Maritime Safety Committee of the Organisation, this item need not be
reproduced on the record attached to certificates issued after 1 February 1999.
(2) This item need not be reproduced on the record attached to certificates issued after 1 February 1999.

4. Methods used to ensure availability of radio facilities (Regulation IX/14)

4.1. Duplication of equipment: ..............................................................................................................

4.2. Shore-based maintenance: ............................................................................................................

4.3. At-sea maintenance capability: ......................................................................................................

THIS IS TO CERTIFY that this record of equipment is correct in all respects

Issued at .................................................................................... on ...............................................

(Place of issue of record) (Date of issue)

..........................................................................................................
(Signature of official issuing the record)
and/or
(Seal or stamp of the issuing authority)

If signed, the following paragraph is to be added:

The undersigned declares that he is duly authorised by the said Member State to issue this
record.

...............................................................................
(Signature)