Avis juridique important

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32001L0096

Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers (Text with EEA relevance)

Official Journal L 013 , 16/01/2002 P. 0009 - 0020

Directive 2001/96/EC of the European Parliament and of the Councilof 4 December 2001establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) In view of the high number of shipping accidents involving bulk carriers with an associated loss of human lives, further measures should be taken to enhance safety in maritime transport within the framework of the common transport policy.(2) Assessments of the causes of bulk carrier casualties indicate that loading and unloading of solid bulk cargoes, if not properly conducted, can contribute to the loss of bulk carriers, either by over-stressing the ship's structure or by mechanically damaging its structural members in the cargo holds. The protection of the safety of bulk carriers can be enhanced through the adoption of measures aimed at reducing the risk of structural damage and losses due to improper loading and unloading operations.(3) At international level, the International Maritime Organisation (the "IMO"), through a number of Assembly Resolutions, has adopted recommendations on the safety of bulk carriers addressing ship/port interface issues in general and loading and unloading operations in particular.(4) By Assembly Resolution A.862(20), the IMO adopted a Code of Practice for the Safe Loading and Unloading of Bulk Barriers ("the BLU Code"), and urged contracting governments to implement this Code at the earliest possible opportunity and to inform IMO of any non-compliance. In the Resolution, the IMO further urged contracting governments in whose territories solid bulk cargo loading and unloading terminals are situated to introduce laws so that a number of key principles necessary for the implementation of this Code could be enforced.(5) The impact of loading and unloading operations on bulk carrier safety, in view of the global character of trade in dry cargo in bulk, has transboundary implications. The development of action to prevent the foundering of bulk carriers due to improper loading and unloading practices is therefore best done at Community level by establishing harmonised requirements and procedures to implement the IMO recommendations laid down in the Assembly Resolution A.862(20) and the BLU Code.(6) In view of the subsidiarity principle set out in Article 5 of the Treaty, a Directive is the appropriate legal instrument as it provides a framework for the Member States' uniform and compulsory application of the requirements and procedures for the safe loading and unloading of bulk carriers, while leaving each Member State the right to decide which implementation tools best fit its internal system. In accordance with the principle of proportionality, this Directive does not go beyond what is necessary for the objectives pursued.(7) The safety of bulk carriers and their crews can be enhanced by reducing the risks of improper loading and unloading at dry bulk cargo terminals. This can be implemented by establishing harmonised procedures for cooperation and communication between ship and terminal and by laying down suitability requirements for ships and terminals.(8) In the interests of enhancing bulk carrier safety and avoiding distortion of competition, the harmonised procedures and suitability criteria should apply to all bulk carriers, irrespective of the flag they fly, and to all terminals in the Community at which, under normal circumstances, such carriers call for the purpose of loading or unloading solid bulk cargoes.(9) Bulk carriers calling at terminals for the loading or unloading of solid bulk cargoes should be suitable for that purpose. Equally, terminals should also be suitable for receiving and loading or unloading visiting bulk carriers. For these purposes suitability criteria have been established in the BLU Code.(10) Terminals should, in the interests of enhancing cooperation and communication with the ship's master on matters relating to the loading and unloading of solid bulk cargoes, appoint a terminal representative responsible for such operations in the terminal and make information books with the terminal's and port's requirements available to the masters. There are, for this purpose, provisions in the BLU Code.(11) The development, implementation and maintenance of a quality management system by the terminals would ensure that the cooperation and communication procedures and the actual loading and unloading by the terminal are planned and executed in accordance with a harmonised framework that is internationally recognised and auditable. In view of its international recognition, the quality management system should be compatible with the ISO 9000 series of standards adopted by the International Standardisation Organisation. To allow new terminals sufficient time to achieve the relevant certification, it is important to ensure that a temporary authorisation to operate is available to them for a limited period of time.(12) For the purpose of ensuring that loading and unloading operations are carefully prepared, agreed and conducted in order to avoid endangering the safety of the ship or crew, the responsibilities of the master and the terminal representative should be laid down. To this end, relevant provisions can be found in the 1974 International Convention for the Safety of Life at Sea (1974 SOLAS Convention), IMO Assembly Resolution A.862(20) and the BLU Code. For the same purpose, procedures for the preparation, agreement and conduct of loading or unloading operations can be based on the provisions of those international instruments.(13) In the general interests of the Community, in deflecting sub-standard shipping from its ports, the terminal representative should notify apparent deficiencies on board a bulk carrier which could prejudice the safety of loading or unloading operations.(14) It is necessary that the competent authorities of the Member States prevent or halt loading or unloading operations whenever they have clear indications that ship or crew safety is endangered by these operations. The authorities should also intervene in the interests of safety in the event of disagreement between the master and the terminal representative as to the application of these procedures. The safety-related action of the competent authorities should not be dependent on commercial interests related to terminals.(15) It is necessary to lay down procedures for the purpose of reporting damage to ships incurred during loading or unloading operations to the appropriate bodies, such as the relevant classification societies, and of repairing such damage if necessary. Where such damage could impair the safety or seaworthiness of the ship, the decision as to the necessity and urgency of repairs should be taken by the port State control authorities in consultation with the administration of the flag State. In view of the technical expertise necessary to take such a decision, the authorities should have the right to call upon a recognised organisation to inspect the damage and to advise them on any need for repairs.(16) Enforcement of this Directive should be enhanced by efficient monitoring and verification procedures in the Member States. Reporting the results of this monitoring effort will provide valuable information on the effectiveness of the harmonised requirements and procedures laid down in this Directive.(17) In IMO Assembly Resolution A.797(19) of 23 November 1995 on the safety of ships carrying solid bulk cargoes it is requested that port State authorities submit confirmation that loading and unloading terminals for solid bulk cargoes comply with the IMO Codes and recommendations on ship/shore cooperation. Notification of the adoption of this Directive to the IMO will provide an appropriate response to this request and a clear signal to the international maritime community that the Community is committed to supporting the efforts undertaken at international level to enhance the safe loading and unloading of bulk carriers.(18) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4).(19) It should be possible to amend certain provisions of this Directive in accordance with that procedure, so as to bring them into line with international and Community instruments adopted, amended or entering into force after the entry into force of this Directive and for the implementation of the procedures laid down in this Directive, without broadening its scope.(20) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(5) and its relevant individual Directives are applicable to the work relating to the loading and unloading of bulk carriers,HAVE ADOPTED THIS DIRECTIVE:Article 1PurposeThe 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; and2. harmonised procedures for cooperation and communication between those ships and terminals.Article 2ScopeThis Directive shall apply to:1. all bulk carriers, irrespective of their flag, calling at a terminal for the loading or unloading of solid bulk cargoes; and2. all terminals in the Member States visited by bulk carriers falling under the scope of this Directive.Without prejudice to the provisions of Regulation VI/7 of the 1974 SOLAS Convention, this Directive shall not apply to facilities that only in exceptional circumstances are used for loading and unloading dry cargo in bulk into or from bulk carriers, and shall not apply in cases where the loading or unloading is carried out solely with the equipment of the bulk carrier concerned.Article 3DefinitionsFor the purposes of this Directive:1. "international conventions" shall mean the conventions in force on 4 December 2001, as defined in Article 2(1) of Council Directive 95/21/EC(6);2. "1974 SOLAS Convention" shall mean the International Convention for the Safety of Life at Sea, together with the Protocols and amendments thereto, in force on 4 December 2001;3. "BLU Code" shall mean the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, as contained in the Annex to IMO Assembly Resolution A.862(20) of 27 November 1997, as it stands on 4 December 2001;4. "bulk carrier" shall bear the meaning given to it in Regulation IX/1.6 of the 1974 SOLAS Convention and interpreted by Resolution 6 of the 1997 SOLAS Conference, namely:- a ship constructed with single deck, top-side tanks and hopper-side tanks in cargo paces and intended primarily to carry dry cargo in bulk, or- an ore carrier, meaning a sea-going single deck ship having two longitudinal bulkheads and a double bottom throughout the cargo region and intended for the carriage of ore cargoes in the centre holds only, or- a combination carrier as defined in Regulation II-2/3.27 of the 1974 SOLAS Convention;5. "dry cargo in bulk" or "solid bulk cargo" shall mean solid bulk cargo as defined in Regulation XII/1.4 of the 1974 SOLAS Convention, excluding grain;6. "grain" shall bear the meaning given to it in Regulation VI/8.2 of the 1974 SOLAS Convention;7. "terminal" shall mean any fixed, floating or mobile facility equipped and used for the loading or unloading of dry cargo in bulk into or from bulk carriers;8. "terminal operator" shall mean the owner of a terminal, or any organisation or person to whom the owner has transferred the responsibility for loading or unloading operations conducted at the terminal for a particular bulk carrier;9. "terminal representative" shall mean any person appointed by the terminal operator, who has the overall responsibility for, and authority to, control the preparation, the conduct and the completion of loading or unloading operations conducted by the terminal for a particular bulk carrier;10. "master" shall mean the person who has command over a bulk carrier or a ship's officer designated by the master for the loading or unloading operations;11. "recognised organisation" shall mean an organisation recognised in accordance with Article 4 of Council Directive 94/57/EC(7);12. "administration of the flag State" shall mean the competent authorities of the State whose flag the bulk carrier is entitled to fly;13. "port State control authority" shall mean the competent authority of a Member State empowered to apply the control provisions of Directive 95/21/EC;14. "competent authority" shall mean a national, regional or local public authority in the Member State empowered by national legislation to implement and enforce the requirements of this Directive;15. "cargo information" shall mean the cargo information required by Regulation VI/2 of the 1974 SOLAS Convention;16. "loading or unloading plan" shall mean a plan as referred to in Regulation VI/7.3 of the 1974 SOLAS Convention and having the format as contained in Appendix 2 of the BLU Code;17. "ship/shore safety checklist" shall mean the checklist as referred to in section 4 of the BLU Code and having the format as contained in Appendix 3 of the BLU Code;18. "solid bulk cargo density declaration" shall mean the information on the density of the cargo to be provided in compliance with Regulation XII/10 of the 1974 SOLAS Convention.Article 4Requirements in relation to the operational suitability of bulk carriersMember States shall make the necessary arrangements to ensure 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.Article 5Requirements in relation to the suitability of terminalsMember States shall satisfy themselves that terminal operators ensure that, as concerns terminals for which they assume responsibilities under this Directive:1. the terminals comply with the provisions of Annex II;2. terminal representative(s) is (are) appointed;3. information books are prepared containing the requirements of the terminal and competent authorities and information on the port and terminal as listed in Appendix 1, paragraph 1.2, of the BLU Code, and that these books are made available to the masters of bulk carriers calling at the terminal for loading or unloading solid bulk cargoes; and4. a quality management system is developed, implemented and maintained. Such quality management system shall be certified in accordance with the ISO 9001:2000 standards or an equivalent standard fulfilling at least all aspects of ISO 9001:2000, and it shall be audited in accordance with the guidelines of the ISO 10011:1991 or equivalent standard fulfilling all aspects of ISO 10011:1991. Directive 98/34/EC(8) shall be complied with in relation to the said equivalent standards.A transitional period of three years from the entry into force of this Directive shall be granted to set up the quality management system and one additional year to obtain the certification of the system.Article 6Temporary authorisationBy way of derogation from the requirements of Article 5(4), a temporary authorisation to operate, valid for no more than 12 months, may be issued by the competent authority for newly established terminals. The terminal must however demonstrate its plan to implement a quality management system in accordance with the ISO 9001:2000 standard or equivalent standard, as set out in Article 5(4).Article 7Responsibilities of masters and terminal representativesMember States shall make the necessary arrangements to ensure that the following principles concerning the responsibilities of masters and terminal representatives are respected and applied:1. Responsibilities of the master:(a) the master shall be responsible at all times for the safe loading and unloading of the bulk carrier under his command;(b) the master shall, well in advance of the ship's estimated time of arrival at the terminal, provide the terminal with the information set out in Annex III;(c) before any solid bulk cargo is loaded, the master shall ensure that he has received the cargo information required by Regulation VI/2.2 of the 1974 SOLAS Convention, and, where required, a solid bulk cargo density declaration. This information shall be contained in a cargo declaration form as set out in Appendix 5 of the BLU Code;(d) prior to the start of and during loading or unloading the master shall discharge the duties listed in Annex IV.2. Responsibilities of the terminal representative:(a) upon receipt of the ship's initial notification of its estimated time of arrival, the terminal representative shall provide the master with the information mentioned in Annex V;(b) the terminal representative shall be satisfied that the master has been advised as early as possible of the information contained in the cargo declaration form;(c) the terminal representative shall without delay notify the master and the port State control authority of apparent deficiencies he has noted on board a bulk carrier which could endanger the safe loading or unloading of solid bulk cargoes;(d) prior to the start of and during loading or unloading, the terminal representative shall discharge the duties listed in Annex VI.Article 8Procedures between bulk carriers and terminalsMember States shall ensure that the following procedures are applied in respect of the loading or unloading of bulk carriers with solid bulk cargoes.1. Before solid bulk cargoes are loaded or unloaded, the master shall agree with the terminal representative on the loading or unloading plan in accordance with the provisions of Regulation VI/7.3 of the 1974 SOLAS Convention. The loading or unloading plan shall be prepared in the form laid down in Appendix 2 of the BLU Code, it shall contain the IMO number of the bulk carrier concerned, and the master and the terminal representative shall confirm their agreement to the plan by signing it.Any change to the plan, which according to either party may affect the safety of the vessel or crew, shall be prepared, accepted and agreed by both parties in the form of a revised plan.The agreed loading or unloading plan and any subsequent agreed revisions shall be kept by the ship and the terminal for a period of six months for the purpose of any necessary verification by the competent authorities.2. Before loading or unloading is commenced, the ship/shore safety checklist shall be completed and signed jointly by the master and the terminal representative in accordance with the guidelines of Appendix 4 of the BLU Code.3. An effective communication between the ship and the terminal shall be established and maintained at all times, capable of responding to requests for information on the loading or unloading process and to ensure prompt compliance should the master or the terminal representative order the loading or unloading operations to be suspended.4. The master and the terminal representative shall conduct the loading or unloading operations in accordance with the agreed plan. The terminal representative shall be responsible for the loading or unloading of the solid bulk cargo as regards the hold order, quantity and rate of loading or unloading stated on that plan. He shall not deviate from the agreed loading or unloading plan, otherwise than by prior consultation and written agreement with the master.5. On completion of the loading or unloading, the master and the terminal representative shall agree in writing that the loading or unloading has been done in accordance with the loading or unloading plan, including any agreed changes. In the case of unloading, such agreement shall include a record that the cargo holds have been emptied and cleaned to the master's requirements and shall record any damage suffered by the ship and any repairs carried out.Article 9Role of the competent authorities1. Without prejudice to the rights and obligations of the master provided under Regulation VI/7.7 of the 1974 SOLAS Convention, Member States shall ensure that their competent authorities prevent or halt the loading or unloading of solid bulk cargoes whenever they have clear indications that the safety of the ship or crew would be endangered thereby.2. In cases where the competent authority is informed of disagreement between the master and the terminal representative as to the application of the procedures provided for in Article 8, the competent authority shall intervene where this is required in the interests of safety and/or the marine environment.Article 10Repair of damage incurred during loading or unloading1. If damage to the ship's structure or equipment occurs during loading or unloading, it shall be reported by the terminal representative to the master and, if necessary, repaired.2. 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 shall be informed by the terminal representative and/or the master. The decision as to whether immediate repair is necessary or whether it can be deferred shall be taken by the port State control authority, due account being taken of the opinion, if any, of the administration of the flag State, or the organisation recognised by it and acting on its behalf, and of the opinion of the master. Where immediate repair is considered necessary, it shall be carried out to the satisfaction of the master and the competent authority before the ship leaves the port.3. For the purpose of taking the decision referred to in paragraph 2, a port State control authority may rely upon a recognised organisation to undertake the inspection of the damage and to advise on the necessity of carrying-out repairs or their deferral.4. This Article applies without prejudice to Directive 95/21/EC.Article 11Verification and reporting1. Member States shall regularly verify that terminals comply with the requirements of Article 5(1), Article 7(2) and Article 8. The procedure of verification shall include the carrying-out of unannounced inspections during loading or unloading operations.In addition, Member States shall verify that terminals comply with the requirements of Article 5(4), at the end of the period provided for therein, and for newly established terminals at the end of the period provided in Article 6.2. Member States shall provide the Commission every three years with a report on the results of such verification. The report shall also provide an assessment of the effectiveness of the harmonised procedures for cooperation and communication between bulk carriers and terminals as provided for in this Directive. The report shall be transmitted at the latest by 30 April of the year following the period of three calendar years upon which it reports.Article 12EvaluationThe Commission shall submit an evaluation report on the operation of the system as provided for in this Directive to the European Parliament and the Council, on the basis of the reports of the Member States provided for in Article 11(2). This report shall also include an assessment of whether it is necessary to continue the reporting by the Member States referred to in Article 11(2).Article 13Notification to the IMOThe Presidency of the Council, acting on behalf of the Member States, and the Commission shall jointly inform the IMO of the adoption of this Directive, whereby reference shall be made to paragraph 1.7 of the Annex to IMO Resolution A.797(19).Article 14Regulatory Committee1. The Commission shall be assisted by the committee set up pursuant to Article 12(1) of Council Directive 93/75/EEC(9), hereinafter referred to as "the Committee".2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 15Amendment procedure1. The definitions in points 1 to 6 and 15 to 18 of Article 3, the references to international conventions and codes and to IMO Resolutions and Circulars, the references to ISO standards, the references to Community instruments, and the Annexes, may be amended in accordance with the procedure referred to in Article 14(2), in order to bring them into line with international and Community instruments which have been adopted, amended or brought into force after the adoption of this Directive, provided that the scope of this Directive is not thereby broadened.2. The procedure referred to in Article 14(2) shall apply when amending Article 8 and the Annexes for the implementation of the procedures laid down in this Directive, and when amending or repealing the reporting obligations referred to in Articles 11(2) and 12, provided that such provisions do not broaden the scope of this Directive.Article 16PenaltiesThe Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.Article 17Implementation and application1. Member States shall adopt and publish, before 5 August 2003, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 March 2004.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 notify to the Commission the provisions of their national law which they adopt in the field governed by this Directive.Article 18Entry into forceThis Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 19AddresseesThis Directive is addressed to the Member States.Done at Brussels, 4 December 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentD. Reynders(1) OJ C 311 E, 31.10.2000, p. 240 andOJ C 180 E, 26.6.2001, p. 273.(2) OJ C 14, 16.1.2001, p. 37.(3) Opinion of the European Parliament of 13 February 2001 (OJ C 276, 1.10.2001, p. 38), Council Common Position of 27 June 2001 (not yet published in the Official Journal) and Decision of the European Parliament of 25 October 2001 (not yet published in the Official Journal).(4) OJ L 184, 17.7.1999, p. 23.(5) OJ L 183, 29.6.1989, p. 1.(6) Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (OJ L 157, 7.7.1995, p. 1). Directive as last amended by Commission Directive 1999/97/EC (OJ L 331, 23.12.1999, p. 67).(7) Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 319, 12.12.1994, p. 20). Directive as amended by Commission Directive 97/58/EC (OJ L 274, 7.10.1997, p. 8).(8) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37). Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).(9) 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 goods (OJ L 247, 5.10.1993, p. 19). Directive as last amended by Commission Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).ANNEX IREQUIREMENTS IN RELATION TO THE OPERATIONAL SUITABILITY OF BULK CARRIERS FOR LOADING AND UNLOADING SOLID BULK CARGOES(as referred to in Article 4)Bulk carriers calling in terminals in the Member States for the loading or unloading of solid bulk cargoes shall be checked for compliance with the following requirements.1. They shall be provided with cargo holds and hatch openings of sufficient size and such a design to enable the solid bulk cargo to be loaded, stowed, trimmed and unloaded satisfactorily.2. They shall be provided with the cargo hold hatch identification numbers as used in the loading or unloading plan. The location, size and colour of these numbers shall be clearly visible to and identifiable by the operator of the terminal loading or unloading equipment.3. Their cargo hold hatches, hatch operating systems and safety devices shall be in good functional order and used only for their intended purpose.4. List indicating lights, if fitted, shall be tested prior to loading or unloading and proved to be operational.5. If required to have an approved loading instrument on board, this instrument shall be certified and operational to carry out stress calculations during loading or unloading.6. Propulsion and auxiliary machinery shall be in good functional order.7. Deck equipment related to mooring and berthing operations shall be operable and in good order and condition.ANNEX IIREQUIREMENTS IN RELATION TO THE SUITABILITY OF TERMINALS FOR LOADING AND UNLOADING SOLID BULK CARGOES(as referred to in Article 5(1))1. Terminals shall only accept bulk carriers for loading or unloading of solid bulk cargoes at their terminal that can safely berth alongside the loading or unloading installation, taking into consideration water depth at the berth, maximum size of the ship, mooring arrangements, fendering, safe access and possible obstructions to loading or unloading operations.2. Terminal loading and unloading equipment shall be properly certified and maintained in good order, in compliance with the relevant regulations and standards, and only operated by duly qualified and, if appropriate, certified personnel.3. Terminal personnel shall be trained in all aspects of safe loading and unloading of bulk carriers commensurate with their responsibilities. The training shall be designed to provide familiarity with the general hazards of loading and unloading of solid bulk cargoes and the adverse effect improper loading and unloading operations may have on the safety of the ship.4. Terminal personnel involved in the loading and unloading operations shall be provided with and use personnel protective equipment and shall be duly rested to avoid accidents due to fatigue.ANNEX IIIINFORMATION TO BE PROVIDED BY THE MASTER TO THE TERMINAL(as referred to in Article 7(1)(b))1. The ship's estimated time of arrival off the port as early as possible. This advice shall be updated as appropriate.2. At the time of the initial time of arrival advice:(a) name, call sign, IMO number, flag, port of registry;(b) loading or unloading plan, stating the quantity of cargo, stowage by hatches, loading or unloading order and the quantity to be loaded in each pour or unloaded in each stage of the discharge;(c) arrival and proposed departure draughts;(d) time required for ballasting or de-ballasting;(e) ship's length overall, beam, and length of the cargo area from the forward coaming of the forward-most hatch to the after coaming of the aft-most hatch into which cargo is to be loaded or from which cargo is to be unloaded;(f) distance from the waterline to the first hatch to be loaded or unloaded and the distance from the ship's side to the hatch opening;(g) location of the ship's accommodation ladder;(h) air draught;(i) details and capacities of ship's cargo-handling gear, if any;(j) number and type of mooring lines;(k) specific requests, such as for trimming or continuous measurement of the water content of the cargo;(l) details of any necessary repairs which may delay berthing, the commencement of loading or unloading, or may delay the ship sailing on completion of loading or unloading;(m) any other information related to the ship requested by the terminal.ANNEX IVDUTIES OF THE MASTER PRIOR TO AND DURING LOADING OR UNLOADING OPERATIONS(as referred to in Article 7(1)(d))Prior to and during loading or unloading operations the master shall ensure that:1. the loading or unloading of cargo and the discharge or intake of ballast water is under the control of the ship's officer in charge;2. the disposition of cargo and ballast water is monitored throughout the loading or unloading process to ensure that the ship's structure is not overstressed;3. the ship shall be kept upright or, if a list is required for operational reasons, it shall be kept as small as possible;4. the ship remains securely moored, taking due account of local weather conditions and forecasts;5. sufficient officers and crew are retained on board to attend to the adjustment of the mooring lines or for any normal or emergency situation, having regard to the need of the crew to have sufficient rest periods to avoid fatigue;6. the terminal representative is made aware of the cargo trimming requirements, which shall be in accordance with the procedures of the IMO Code of Safe Practice for Solid Bulk Cargoes;7. the terminal representative is made aware of the requirements for harmonisation between de-ballasting or ballasting and cargo loading or unloading rates for his ship and of any deviation from the de-ballasting or ballasting plan or any other matter which may affect cargo loading or unloading;8. the ballast water is discharged at rates which conform to the agreed loading plan and does not result in flooding of the quay or of adjacent craft. Where it is not practical for the ship to completely discharge its ballast water prior to the trimming stage in the loading process, he agrees with the terminal representative on the times at which loading may need to be suspended and the duration of such suspensions;9. there is agreement with the terminal representative as to the actions to be taken in the event of rain, or other change in the weather, when the nature of the cargo would pose a hazard in the event of such a change;10. no hot work is carried out on board or in the vicinity of the ship while the ship is alongside the berth, except with the permission of the terminal representative and in accordance with any requirements of the competent authority;11. close supervision of the loading or unloading operation and of the ship during final stages of the loading or unloading;12. the terminal representative is warned immediately if the loading or unloading process has caused damage, has created a hazardous situation, or is likely to do so;13. the terminal representative is advised when final trimming of the ship has to commence in order to allow for the conveyor system to run-off;14. the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the ship's structure;15. when ballasting one or more holds, account is taken of the possibility of the discharge of flammable vapours from the holds and precautions are taken before any hot work is permitted adjacent to or above these holds.ANNEX VINFORMATION TO BE PROVIDED BY THE TERMINAL TO THE MASTER(as referred to in Article 7(2)(a))1. The name of the berth at which loading or unloading will take place and the estimated times for berthing and completion of loading or unloading(1).2. Characteristics of loading or unloading equipment, including the terminal's nominal loading or unloading rate and the number of loading or unloading heads to be used, as well as the estimated time required to complete each pour or - in the case of unloading - the estimated time required for each stage of the discharge.3. Features on the berth or jetty the master may need to be aware of, including the position of fixed and mobile obstructions, fenders, bollards and mooring arrangements.4. Minimum depth of water alongside the berth and in approach and departure channels(2).5. Water density at the berth.6. Maximum distance between the water line and the top of the cargo hatch covers or coamings, whichever is relevant to the loading or unloading operation, and the maximum air draught.7. Arrangements for gangways and access.8. Which side of the ship is to be alongside the berth.9. Maximum allowable speed of approach to the jetty and availability of tugs, their type and bollard pull.10. The loading sequence for different parcels of cargo, and any other restrictions if it is not possible to take the cargo in any order or any hold to suit the ship.11. Any properties of the cargo to be loaded which may present a hazard when placed in contact with cargo or residues on board.12. Advance information on the proposed loading or unloading operations or changes to existing plans for loading or unloading.13. If the terminal's loading or unloading equipment is fixed, or has any limits to its movement.14. Mooring lines required.15. Warning of unusual mooring arrangements.16. Any restrictions on ballasting or de-ballasting.17. Maximum sailing draught permitted by the competent authority.18. Any other item related to the terminal requested by the master.(1) Information on estimated times for berthing and departure and on minimum water depth at the berth shall be progressively updated and passed to the master on receipt of successive ETA advice. Information on minimum water depth in approach and departure channels shall be provided by the terminal or the competent authority, as appropriate.(2) Information on estimated times for berthing and departure and on minimum water depth at the berth shall be progressively updated and passed to the master on receipt of successive ETA advice. Information on minimum water depth in approach and departure channels shall be provided by the terminal or the competent authority, as appropriate.ANNEX VIDUTIES OF THE TERMINAL REPRESENTATIVE PRIOR TO AND DURING LOADING OR UNLOADING OPERATIONS(as referred to in Article 7(2)(d))Prior to the start of and during loading or unloading operations the terminal representative shall:1. provide the master with the names and procedures for contacting the terminal personnel or shipper's agent who will have the responsibility for the loading or unloading operation and with whom the master will have contact.2. take all precautionary measures to avoid damage to the ship by the loading or unloading equipment and inform the master if damage occurs.3. ensure the ship is kept upright or, if a list is required for operational reasons, it shall be kept as small as possible.4. ensure the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the ship.5. in the case of high density cargoes, or when the individual grab loads are large, alert the master that there may be high, localised impact loads on the ship's structure until the tank top is completely covered by cargo, especially when high free-fall drops are permitted and special care is taken at the start of the loading operation in each cargo holds.6. ensure that there is agreement between the master and the terminal representative at all stages and in relation to all aspects of the loading or unloading operations and that the master is advised on any change to the agreed loading rate, and at the completion of each pour of the weight loaded.7. maintain a record of the weight and disposition of the cargo loaded or unloaded and ensure that the weights in the holds do not deviate from the agreed loading or unloading plan.8. ensure that the cargo is trimmed, when loading or unloading, to the master's requirements.9. ensure that the quantities of cargo required to achieve the departure draft and trim shall allow for all cargo on the terminal's conveyor systems to be run off and empty on completion of a loading. For that purpose the terminal representative shall advise the master of the nominal tonnage contained on the terminal's conveyor system and any requirements for clearing the conveyor system on completion of the loading.10. in the case of unloading, give the master the maximum warning when it is intended to increase, or to reduce, the number of unloading heads used and advise the master when unloading is considered to be completed from each hold.11. ensure that no hot work is carried out on board or in the vicinity of the ship while the ship is alongside the berth, except with the permission of the master and in accordance with any requirements of the competent authority.


title: Commission Directive 2005/11/EC of 16 February 2005 amending, for the purposes of its adaptation to technical progress, Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fittingText with EEA relevance

text:
               17.2.2005

               EN

               Official Journal of the European Union

               L 46/42

      COMMISSION DIRECTIVE 2005/11/EC
   of 16 February 2005
   amending, for the purposes of its adaptation to technical progress, Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fitting
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), and in particular Article 13(2) thereof,
   Having regard to Council Directive 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers and to their fitting (2), and in particular Article 10 thereof,
   Whereas:

               (1)

               Directive 92/23/EEC is one of the separate Directives of the EC type-approval procedure established by Directive 70/156/EEC.

               (2)

               Directive 92/23/EEC as amended by Directive 2001/43/EC provides the possibility for type-approval authorities to accept tyre manufacturers’ laboratories as approved test laboratories until 31 December 2005. The experience with this provision has been very positive and therefore the possibility should be continued and that deadline should be removed.

               (3)

               Technical progress in the tyre-producing sector is very fast. Due to strong demand from consumers and the car industry, the production cycles of tyres become faster and the variety of tyre types is constantly increasing. This situation is expected to become even more critical in the future since very expensive or unique test installations and expertise will be required. In order to be able to bring the newly developed products on to the market without delay, a sufficient number of test facilities, which can be used in a flexible manner, is indispensable.

               (4)

               In line with the development of superior tyres due to technical progress, the related test procedures need to be more and more sophisticated. There is currently no test capacity outside that of tyre manufacturers that would be able to cope with the high number of tests needed.

               (5)

               Directive 92/23/EEC should therefore be amended accordingly.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 13(1) of Directive 70/156/EEC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Point 1.3 of Annex I to Directive 92/23/EEC is replaced by the following:

                  ‘1.3.

                  The approval authority may accept the laboratories of the tyre manufacturers as approved test laboratories pursuant to Article 14(1) of Directive 70/156/EEC.’

   Article 2
   1.   Member States shall adopt and publish, by 31 December 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 January 2006.
   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 texts 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 twentieth 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, 16 February 2005.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).

      (2)  OJ L 129, 14.5.1992, p. 95. Directive as last amended by Directive 2001/43/EC of the European Parliament and of the Council (OJ L 211, 4.8.2001, p. 25).


title: Council Directive (EU) 2016/2258 of 6 December 2016 amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities

text:
                  16.12.2016

                  EN

                  Official Journal of the European Union

                  L 342/1

            COUNCIL DIRECTIVE (EU) 2016/2258
      of 6 December 2016
      amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113 and 115 thereof,
      Having regard to the proposal from the European Commission,
      After transmission of the draft legislative act to the national parliaments,
      Having regard to the opinion of the European Parliament (1),
      Having regard to the opinion of the European Economic and Social Committee (2),
      Acting in accordance with a special legislative procedure,
      Whereas:

                  (1)

                  Council Directive 2014/107/EU (3), amending Directive 2011/16/EU (4), applies as of 1 January 2016 to 27 Member States and as of 1 January 2017 to Austria. That Directive implements the global Standard for Automatic Exchange of Financial Account Information in Tax Matters within the Union thereby ensuring that information on Account Holders of Financial Accounts is reported to the Member State where the Account Holder is resident.

                  (2)

                  Directive 2011/16/EU stipulates that, where the Account Holder is an intermediary structure, Financial Institutions are to look through that structure, and identify and report on its beneficial owners. That important element in the application of that Directive relies on anti-money-laundering (‘AML’) information obtained pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council (5) for the identification of the beneficial owners.

                  (3)

                  To ensure effective monitoring of the application by Financial Institutions of the due diligence procedures set out in Directive 2011/16/EU, the tax authorities need access to AML information. In the absence of such access, those authorities would not be able to monitor, confirm and audit that the Financial Institutions are applying Directive 2011/16/EU properly by correctly identifying and reporting on the beneficial owners of intermediary structures.

                  (4)

                  Directive 2011/16/EU encompasses other exchanges of information and forms of administrative cooperation between Member States. Access to AML information held by entities pursuant to Directive (EU) 2015/849 within the framework of administrative cooperation in the field of taxation would ensure that tax authorities are better equipped to fulfil their obligations under Directive 2011/16/EU and to combat tax evasion and fraud more effectively.

                  (5)

                  It is therefore necessary to ensure that tax authorities are able to access the AML information, procedures, documents and mechanisms for the performance of their duties in monitoring the proper application of Directive 2011/16/EU and for the functioning of all forms of administrative cooperation provided for in that Directive.

                  (6)

                  This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. Where this Directive requires that access to personal data by tax authorities be provided by law, this does not necessarily require an act of parliament, without prejudice to the constitutional order of the Member State concerned. However, such a law should be clear and precise, and its application should be clear and foreseeable to persons subject to it, in accordance with the case-law of the Court of Justice of the European Union and the European Court of Human Rights.

                  (7)

                  Since the objective of this Directive, namely efficient administrative cooperation between Member States and the effective monitoring thereof under conditions compatible with the proper functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the uniformity and effectiveness required, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

                  (8)

                  The customer due-diligence procedures carried out by Financial Institutions under Directive 2011/16/EU have already started, and the first exchanges of information are to be finalised by September 2017. Therefore, in order to ensure that the effective monitoring of the application of that Directive is not delayed, this amending Directive should enter into force and be transposed as soon as possible and no later than 1 January 2018.

                  (9)

                  Directive 2011/16/EU should therefore be amended accordingly,

            HAS ADOPTED THIS DIRECTIVE:
      Article 1
      In Article 22 of Directive 2011/16/EU, the following paragraph is inserted:

         ‘(1a)   For the purpose of the implementation and enforcement of the laws of the Member States giving effect to this Directive and to ensure the functioning of the administrative cooperation it establishes, Member States shall provide by law for access by tax authorities to the mechanisms, procedures, documents and information referred to in Articles 13, 30, 31 and 40 of Directive (EU) 2015/849 of the European Parliament and of the Council (*1).

      Article 2
      1.   Member States shall adopt and publish, by 31 December 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.
      They shall apply those measures from 1 January 2018.
      When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
      2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
      Article 3
      This Directive shall enter into force on the date of its adoption.
      Article 4
      This Directive is addressed to the Member States.

         Done at Brussels, 6 December 2016.

               For the Council

               The President

            P. KAŽIMÍR

         (1)  Opinion of 22 November 2016 (not yet published in the Official Journal).

         (2)  Opinion of 19 October 2016 (not yet published in the Official Journal).

         (3)  Council Directive 2014/107/EU of 9 December 2014 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation (OJ L 359, 16.12.2014, p. 1).

         (4)  Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1).

         (5)  Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).


Important legal notice

|

32003L0050

Council Directive 2003/50/EC of 11 June 2003 amending Directive 91/68/EEC as regards reinforcement of controls on movements of ovine and caprine animals

Official Journal L 169 , 08/07/2003 P. 0051 - 0066

Council Directive 2003/50/ECof 11 June 2003amending Directive 91/68/EEC as regards reinforcement of controls on movements of ovine and caprine animalsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the European Economic and Social Committee(3),Whereas:(1) Council Directive 91/68/EEC(4) lays down animal health conditions governing intra-Community trade in ovine and caprine animals.(2) Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(5) was subsequently amended and updated by Directive 97/12/EC(6) in order to take account of the developments in the livestock sector in the Community.(3) Sheep and goats share with bovine animals and swine not only similar husbandry systems, but also susceptibility to a common range of diseases.(4) Movements of sheep largely contributed to the spread of foot-and-mouth disease in certain parts of the Community during the outbreak in 2001. The animal health conditions for intra-Community trade in sheep and goats have therefore been reinforced by Commission Decision 2001/327/EC of 24 April 2001 concerning restrictions to the movement of animals of susceptible species with regard to foot-and-mouth disease and repealing Decision 2001/263/EC(7).(5) When the foot-and-mouth disease crisis of 2001 came to an end, an International Conference on the Prevention and Control of Foot-and-Mouth Disease was organised jointly by the Belgian Presidency of the Council and the Commission in December 2001 in order to draw the first conclusions from the 2001 outbreak. The Conference called upon the Commission to submit suitable proposals for Community legislation to prevent such outbreaks in the future, and in the event of their occurrence, to minimise the adverse economic effects. Amongst other things, it was requested that the movement of susceptible animals be controlled more efficiently with regard to the health guarantees offered.(6) Therefore, this Directive aims to reinforce the controls on movement of sheep and goats in order to strengthen the health guarantees offered by Member States for intra-Community trade in animals of these species in line with Directive 64/432/EEC.(7) It is necessary to provide for a swift procedure for updating the health certificates.(8) Directive 91/68/EEC should therefore be amended,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 91/68/EEC is hereby amended as follows:1. Article 2 shall be replaced by the following:"Article 2(a) The definitions given in Article 2 of Directive 90/425/EEC and in Article 2 of Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(8) shall apply as far as applicable.(b) In addition, the following definitions apply for the purposes of this Directive:1. 'ovine or caprine animals for slaughter' means animals of the ovine or caprine species intended to be taken either directly or via an approved assembly centre to a slaughterhouse in order to be slaughtered;2. 'ovine or caprine animals for breeding' means ovine and caprine animals other than those mentioned in points 1 and 3 intended to be transported to the place of destination, either directly or via an approved assembly centre, for breeding and production purposes;3. 'ovine or caprine animals for fattening' means ovine and caprine animals other than those mentioned in points 1 and 2 intended to be transported to the place of destination, either directly or via an approved assembly centre, in order to be fattened for subsequent slaughter;4. 'officially brucellosis-free ovine or caprine holding' means a holding which satisfies the conditions laid down in Section I of Chapter 1 of Annex A;5. 'brucellosis-free ovine or caprine holding' means a holding which satisfies the conditions laid down in Chapter 2 of Annex A;6. 'compulsorily notifiable disease' means a disease listed under Section I of Annex B;7. 'official veterinarian' means a veterinarian designated by the competent central authority of the Member State;8. 'holding of origin' means any holding on which the ovine and caprine animals have been continuously present as required by this Directive and on which records are maintained demonstrating the residence of the animals which may be audited by the competent authorities;9. 'assembly centre' means collection centres and markets, at which under the supervision of the official veterinarian ovine and caprine animals originating from different holdings are grouped together to form consignments of animals for national movement;10. 'approved assembly centre' means premises on which ovine or caprine animals originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade;11. 'dealer' means any natural or legal person who buys and sells animals commercially either directly or indirectly, who has a turnover of these animals and who within a maximum of 29 days of purchasing animals resells them or relocates them from the first premises to other premises or directly to a slaughterhouse not within his ownership;12. 'approved dealer's premises' means premises operated by a dealer as defined in point 11 and approved by the competent authorities at which ovine or caprine animals originated from different holdings are grouped together to form consignments of animals intended for intra-Community trade;13. 'transporter' means any natural or legal person referred to in Article 5 of Directive 91/628/EEC;14. 'region' means that part of a Member State's territory which is at least 2000 km2 in area and which is subject to inspection by the competent authorities and includes at least one of the following administrative regions:>TABLE>"2. Article 3 shall be replaced by the following:"Article 3(1) Ovine and caprine animals for slaughter may be the subject of trade only if they fulfil the conditions laid down in Articles 4, 4a, 4b and 4c.(2) Ovine and caprine animals for fattening may be the subject of trade only if they fulfil the conditions laid down in Articles 4, 4a, 4b and 5, without prejudice to any additional guarantees which may be required pursuant to Articles 7 and 8.(3) Ovine and caprine animals for breeding may be the subject of trade only if they fulfil the conditions laid down in Articles 4, 4a, 4b, 5 and 6, without prejudice to any additional guarantees which may be required pursuant to Articles 7 and 8.(4) By way of derogation from the provisions in paragraphs 2 and 3, the competent authorities of Member States of destination may grant general or limited derogations in respect of movement of ovine and caprine animals for breeding and fattening, intended solely for temporary pasturing near internal borders of the Community. Member States making use of such derogation shall inform the Commission of the content of the derogations granted.(5) Ovine and caprine animals covered by this Directive must at no time between leaving the holding of origin and arriving at destination come into contact with cloven-hoofed animals other than animals that have the same health status."3. Article 4 shall be replaced by the following:"Article 4(1) Member States shall ensure that ovine and caprine animals:(a) are identified and registered in accordance with Community legislation;(b) are inspected by an official veterinarian during the 24 hours preceding the loading of the animals, and show no clinical sign of disease;(c) do not come from a holding, nor have been in contact with animals from a holding, which is the subject of a prohibition on animal health grounds; the period of such prohibition shall last after the slaughter and/or the disposal of the last animal suffering from or susceptible to one of the diseases referred to in points (i), (ii) or (iii), for at least:(i) 42 days in the case of brucellosis,(ii) 30 days in the case of rabies,(iii) 15 days in the case of anthrax;(d) do not come from a holding, nor have been in contact with animals from a holding, situated in an area which for health reasons is subject to a prohibition or restriction affecting the species involved in accordance with Community and/or national legislation;(e) are not the subject of animal health restrictions pursuant to Community legislation on foot-and-mouth disease nor have they been vaccinated against foot-and-mouth disease.(2) Member States shall ensure that the following animals are not the subject of trade:(a) ovine and caprine animals which may have to be slaughtered under a national programme for the eradication of diseases not referred to in Annex C to Directive 90/425/EEC or in Chapter I of Annex B to this Directive;(b) ovine and caprine animals which cannot be marketed on their own territory for health or animal health reasons justified by Article 30 of the Treaty.(3) Member States shall ensure that ovine and caprine animals shall:(a) either have been born and reared since birth in the Community, or(b) have been imported from a third country in accordance with Community legislation."4. The following Articles shall be inserted:"Article 4a(1) Member States shall ensure that ovine and caprine animals for slaughter, breeding and fattening are not dispatched to another Member State, unless the animals:(a) have been continuously resident on the holding of origin for at least 30 days, or since birth if the animals are younger than 30 days of age,(b) do not come from a holding into which ovine or caprine animals have been introduced during the 21 days prior to dispatch,(c) do not come from a holding into which biungulate animals imported from a third country have been introduced during the 30 days prior to dispatch.(2) By way of derogation from paragraphs 1(b) and (c), Member States may authorise the dispatch of ovine and caprine animals to another Member State, if the animals referred to in paragraphs 1(b) and (c) have been completely isolated from all other animals on the holding.Article 4b(1) Member States shall ensure that the conditions set out in paragraphs 2 to 6 are applied to intra-Community trade in all ovine and caprine animals.(2) The animals shall not be outside their holding of origin for more than six days before being last certified for trade to the final destination in another Member State as indicated in the health certificate.Without prejudice to Article 9(1) in the case of transport by sea, the time limit of six days shall be prolonged by the duration of the sea journey.(3) After leaving the holding of origin the animals shall be consigned directly to the destination in another Member State.(4) By way of derogation from paragraph 3, ovine and caprine animals may, after leaving the holding of origin and before arrival at destination in another Member State, transit through only one approved assembly centre situated in the Member State of origin.In the case of ovine and caprine animals for slaughter, the approved assembly centre may be substituted by approved dealer's premises situated in the Member State of origin.(5) Animals for slaughter which have been taken on arrival in the Member State of destination to a slaughterhouse, must be slaughtered there as soon as possible but at least within 72 hours of arrival.(6) Without prejudice to Article 3(5), Member States shall ensure that the animals covered by this Directive at no time, between leaving the holding of origin and their arrival at destination, compromise the health status of ovine and caprine animals not intended for intra-Community trade.Article 4c(1) By way of derogation from Article 4a(1)(a), ovine and caprine animals for slaughter may be subject to trade after they have been continuously resident on the holding of origin for at least 21 days.(2) By way of derogation from Article 4a(1)(b), and without prejudice to paragraph 1 and Article 4b(2), ovine and caprine animals for slaughter may be consigned from a holding of origin into which ovine or caprine animals have been introduced during the 21 days prior to dispatch, if they are transported directly to a slaughterhouse in another Member State for immediate slaughter without passing through an assembly centre or staging point established in accordance with Directive 91/628/EEC.(3) By way of derogation from Article 4b(3) and (4), and without prejudice to the provisions in Article 4b(2), ovine and caprine animals for slaughter may, after leaving the holding of origin, pass through one additional assembly centre under the following alternative conditions:(a) the animals, before passing through the approved assembly centre referred to in Article 4b(4) which is situated in the Member State of origin, comply with the following conditions:(i) after leaving the holding of origin the animals pass through one single assembly centre under official veterinary supervision, which permits at the same time only animals of at least the same health status,(ii) without prejudice to Community legislation on identification of sheep and goats, at the latest at that assembly centre the animals are individually identified so as to enable in each case the tracing of the holding of origin and(iii) from the assembly centre the animals are, accompanied by an official veterinary document, transported to the approved assembly centre referred to in Article 4b(4) to be certified and consigned directly to a slaughterhouse in the Member State of destination;or(b) the animals may after dispatch from the Member State of origin transit through one approved assembly centre before being consigned to the slaughterhouse in the Member State of destination under the following conditions:(i) either the approved assembly centre is situated in the Member State of destination from where the animals must be removed under the responsibility of the official veterinarian directly to a slaughterhouse to be slaughtered within five days of arrival at the approved assembly centre, or(ii) the approved assembly centre is situated in one Member State of transit from where the animals are consigned directly to the slaughterhouse in the Member State of destination indicated in the animal health certificate issued in accordance with Article 9(6)."5. Article 8a shall be replaced by the following:"Article 8a(1) Member States shall ensure that, in order to be approved by the competent authority, assembly centres must at least:(a) be under the control of an official veterinarian who shall ensure that, in particular, the provisions of Article 3(5) are complied with;(b) be located in an area which is not subject to prohibition or restrictions in accordance with relevant Community legislation and/or national legislation;(c) be cleaned and disinfected before use, as required by the official veterinarian;(d) have, taking into account the animal capacity of the assembly centre:- a facility dedicated exclusively for this purpose when used as an assembly centre,- appropriate facilities for loading, unloading and adequate housing of a suitable standard for the animals, for watering and feeding them, and for giving them any necessary treatment; these facilities must be easy to clean and disinfect,- appropriate inspection facilities,- appropriate isolation facilities,- appropriate equipment for cleaning and disinfecting rooms and trucks,- an appropriate storage area for fodder, litter and manure,- an appropriate system for collecting waste water,- the use of an office for the official veterinarian;(e) admit only animals which are identified in accordance with Community legislation and comply with the animal health conditions set down in this Directive for the category of animals concerned. To this end, when animals are admitted, the owner or person in charge of the centre shall ensure they are accompanied by health documents or appropriate certificates for the species and categories involved;(f) be regularly inspected by the competent authority in order to ascertain that the requirements for approval continue to be fulfilled.(2) The owner or person in charge of the assembly centre shall be required, on the basis either of the accompanying documents for the animals or of the identification numbers or marks of the animals, to record on a register or a database and retain for a minimum period of three years the following information:- the name of the owner, the origin, date of entry and exit, number and identification of the ovine and caprine animals or the registration number of the holding of origin of the animals entering the centre, where applicable the approval or registration number of the assembly centre through which the animals have passed prior to entering the centre and their proposed destination,- the registration number of the transporter and the licence number of the lorry delivering or collecting animals from the centre.(3) The competent authority shall issue an approval number to each approved assembly centre. Such approval may be limited to one or the other species covered by this Directive or to animals for breeding or fattening or to animals for slaughter. The competent authority shall notify the Commission of the list of approved assembly centres and of any updates. The Commission shall present this list to Member States in the framework of the Committee referred to in Article 15(1).(4) The competent authority may suspend or withdraw approval in the event of failure to comply with this Article or other appropriate provisions of this Directive or other directives in respect of health restrictions. Approval may be restored when the competent authority is satisfied that that assembly centre is in full compliance with all the appropriate provisions of this Directive.(5) The competent authority shall ensure that, when operating, assembly centres have sufficient approved veterinarians to carry out all duties.(6) Any detailed rules required for uniform application of this Article shall be adopted in accordance with the procedure referred to in Article 15(2)."6. The following Articles are inserted:"Article 8b(1) Member States shall ensure that all dealers are registered and, for the purpose of intra-Community trade, approved and issued with an approval number by the competent authority and that approved dealers comply with at least the following conditions:(a) they must deal only in animals which are identified and come from holdings that conform with the conditions set out in Article 3. To this end, the dealer shall ensure that the animals are properly identified and are accompanied by health documents as appropriate in accordance with this Directive;(b) the dealer shall be required, either on the basis of the document accompanying the animals, or on the basis of identification numbers or marks on the animals, to keep a record or database and to store the following data for at least three years:- the name of the owner, origin, date of purchase, categories, number and identification of ovine and caprine animals or registration number of the holding of origin of the animals purchased, where applicable, the approval or registration number of the assembly centre through which the animals have passed prior to purchase and their destination,- the registration number of the transporter and/or the licence number of the lorry delivering and collecting animals,- the name and address of the purchaser and the destination of the animal,- copies of route plans and/or serial number of health certificates as applicable;(c) when the dealer keeps animals on his premises he shall ensure that:- specific training is given to the staff in charge of the animals in applying the requirements of this Directive and in the care and welfare of the animals,- any necessary controls and tests on the animals are carried out regularly by the official veterinarian and that all necessary steps are taken to prevent the spread of disease.(2) Member States shall ensure that all premises used by a dealer in connection with his business are registered and issued with an approval number by the competent authority and that they comply with at least the following conditions:(a) they must be under the control of an official veterinarian;(b) they must be located in an area which is not subject to prohibition or restrictions in accordance with relevant Community or national legislation;(c) they must have:- appropriate facilities of sufficient capacity and, in particular, inspection facilities and isolation facilities so that all animals can be isolated in the event of an outbreak of a contagious disease,- appropriate facilities for unloading and where necessary adequate housing of a suitable standard for the animals, for watering and feeding them, and for giving them any necessary treatment; these facilities must be easy to clean and disinfect,- an appropriate reception area for litter and manure,- an appropriate system for collecting waste water;(d) they must be cleaned and disinfected before use, as required by the official veterinarian.(3) The competent authority may suspend or withdraw approval in the event of failure to comply with this Article or other appropriate provisions of this Directive or other Directives in respect of health restrictions. Approval may be restored when the competent authority is satisfied that the dealer is in full compliance with all the appropriate provisions of this Directive.(4) The competent authority must carry out regular inspections in order to ascertain that the requirements of this Article are fulfilled.Article 8c(1) Member States shall ensure that the transporters referred to in Article 5 of Directive 91/628/EEC meet the following additional conditions:(a) for the carriage of animals they must use means of transport which are:- constructed in such a way that the animal faeces, litter or feed cannot leak or fall out of the vehicle,- cleaned and disinfected immediately after every animal transport or that of any product which could affect animal health and if necessary before any new loading of animals, using disinfectants officially authorised by the competent authority;(b) they must either have appropriate cleaning and disinfection facilities approved by the competent authority, including facilities for storing litter and dung, or they must provide documentary evidence that these operations are performed by a third party approved by the competent authority.(2) The transporter must ensure that for each vehicle used for the transport of animals a register is kept containing at least the following information which shall be kept for a minimum period of three years:(i) places and dates of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up,(ii) places and dates of delivery, and the name or business name and address of the consignee(s),(iii) species and number of animals carried,(iv) date and place of disinfection,(v) details of accompanying documentation, number, etc.(3) Transporters shall ensure that the consignment or animals do not at any time, between leaving the holdings or the assembly centre of origin and arriving at their destination, come into contact with animals of a lower health status.(4) Member States shall ensure that transporters give a written undertaking stating in particular that:- all the measures necessary to comply with this Directive shall be taken and in particular the provisions laid down in this Article and relating to the appropriate documentation that must accompany the animals,- the transport of animals is entrusted to staff who possess the necessary ability, professional competence and knowledge.(5) Article 18 of Directive 91/628/EEC shall apply in a like manner in case of infringement of this Article."7. Article 9 shall be replaced by the following:"Article 9(1) Ovine and caprine animals must be accompanied during transportation to destination by a health certificate conforming to either model I, II or III set out in Annex E, as appropriate. The certificate shall consist of a single sheet or, where more than one page is required, shall be in such a form that any two or more pages are part of an integrated whole and indivisible and shall contain a serial number. It shall be drawn up on the day of the health inspection, in one of the official languages of the country of destination at least. The certificate shall be valid for 10 days from the date of the health inspection.(2) The health inspection for the issuing of the health certificate, including additional guarantees, for a consignment of animals may be carried out in the holding of origin or in an approved assembly centre or, in the case of animals for slaughter, on approved dealer's premises. For this purpose the competent authority shall ensure that any certificate is drawn up by the official veterinarian after inspections, visits and controls as provided by this Directive.(3) The official veterinarian for the assembly centre shall carry out all necessary checks on animals arriving there.(4) For ovine and caprine animals for fattening and breeding dispatched to another Member State from an approved assembly centre located in the Member State of origin, the health certificate referred to in paragraph 1, conforming to either model II or III set out in Annex E as appropriate, may only be issued on the basis of the checks provided for in paragraph 3 and of an official document containing the necessary information completed by the official veterinarian responsible for the holding of origin.(5) For ovine and caprine animals for slaughter dispatched to another Member State from an approved assembly centre or from an approved dealer's premises located in the Member State of origin, the health certificate referred to in paragraph 1, conforming to model I set out in Annex E, may only be issued on the basis of the checks provided for in paragraph 3 and of an official document containing the necessary information completed by the official veterinarian responsible for the holding of origin or the assembly centre referred to in Article 4c(3)(a)(i).(6) For ovine and caprine animals for slaughter passing through an approved assembly centre in accordance with Article 4c(3)(b)(ii), the official veterinarian responsible for the approved assembly centre in the Member State of transit shall provide certification to the Member State of destination by issuing a second health certificate, conforming to model I set out in Annex E, completing it with the requested data from the original health certificate(s) and attaching to it an officially endorsed copy thereof. In this case, the combined validity of the certificates shall not exceed that provided for in paragraph 1.(7) The official veterinarian issuing a health certificate for intra-Community trade conforming to either model I, II or III set out in Annex E as appropriate, shall ensure that the movement is recorded in the ANIMO system on the day the certificate is issued."8. Article 13 shall be repealed.9. Article 14 shall be replaced by the following:"Article 14(1) Annex A shall be amended by the Council, acting by a qualified majority on a proposal from the Commission.(2) Annexes B, C, D and E shall be amended in accordance with the procedure referred to in Article 15(2).(3) The rules for the implementation of this Directive shall be adopted in accordance with the procedure referred to in Article 15(2)."10. Article 16 shall be repealed.11. Annex E shall be replaced by the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 2004. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.This Directive is addressed to the Member States.Done at Luxembourg, 11 June 2003.For the CouncilThe PresidentG. Drys(1) OJ C 331 E, 31.12.2002, p. 287.(2) Opinion of 17 December 2002 (not yet published in the Official Journal).(3) OJ C 85, 8.4.2003, p. 36.(4) OJ L 46, 19.2.1991, p. 19. Directive as last amended by Commission Decision 2002/261/EC (OJ L 91, 6.4.2002, p. 31).(5) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Commission Regulation (EC) No 1226/2002 (OJ L 179, 9.7.2002, p. 13).(6) OJ L 109, 25.4.1997, p. 1. Directive as last amended by Directive 98/99/EC (OJ L 358, 31.12.1998, p. 107).(7) OJ L 115, 25.4.2001, p. 12. Decision as last amended by Commission Decision 2002/1004/EC (OJ L 349, 24.12.2002, p. 108).(8) OJ L 340, 11.12.1991, p. 17. Directive as last amended by Directive 95/29/EC (OJ L 148, 30.6.1995, p. 52).ANNEX"ANNEX E>PIC FILE= "L_2003169EN.005803.TIF">>PIC FILE= "L_2003169EN.005901.TIF">>PIC FILE= "L_2003169EN.006001.TIF">>PIC FILE= "L_2003169EN.006101.TIF">>PIC FILE= "L_2003169EN.006201.TIF">>PIC FILE= "L_2003169EN.006301.TIF">>PIC FILE= "L_2003169EN.006401.TIF">>PIC FILE= "L_2003169EN.006501.TIF">>PIC FILE= "L_2003169EN.006601.TIF">"