Avis juridique important

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32001L0042

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment

Official Journal L 197 , 21/07/2001 P. 0030 - 0037

Directive 2001/42/EC of the European Parliament and of the Councilof 27 June 2001on the assessment of the effects of certain plans and programmes on the environmentTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved by the Conciliation Committee on 21 March 2001,Whereas:(1) Article 174 of the Treaty provides that Community policy on the environment is to contribute to, inter alia, the preservation, protection and improvement of the quality of the environment, the protection of human health and the prudent and rational utilisation of natural resources and that it is to be based on the precautionary principle. Article 6 of the Treaty provides that environmental protection requirements are to be integrated into the definition of Community policies and activities, in particular with a view to promoting sustainable development.(2) The Fifth Environment Action Programme: Towards sustainability - A European Community programme of policy and action in relation to the environment and sustainable development(5), supplemented by Council Decision No 2179/98/EC(6) on its review, affirms the importance of assessing the likely environmental effects of plans and programmes.(3) The Convention on Biological Diversity requires Parties to integrate as far as possible and as appropriate the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans and programmes.(4) Environmental assessment is an important tool for integrating environmental considerations into the preparation and adoption of certain plans and programmes which are likely to have significant effects on the environment in the Member States, because it ensures that such effects of implementing plans and programmes are taken into account during their preparation and before their adoption.(5) The adoption of environmental assessment procedures at the planning and programming level should benefit undertakings by providing a more consistent framework in which to operate by the inclusion of the relevant environmental information into decision making. The inclusion of a wider set of factors in decision making should contribute to more sustainable and effective solutions.(6) The different environmental assessment systems operating within Member States should contain a set of common procedural requirements necessary to contribute to a high level of protection of the environment.(7) The United Nations/Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context of 25 February 1991, which applies to both Member States and other States, encourages the parties to the Convention to apply its principles to plans and programmes as well; at the second meeting of the Parties to the Convention in Sofia on 26 and 27 February 2001, it was decided to prepare a legally binding protocol on strategic environmental assessment which would supplement the existing provisions on environmental impact assessment in a transboundary context, with a view to its possible adoption on the occasion of the 5th Ministerial Conference "Environment for Europe" at an extraordinary meeting of the Parties to the Convention, scheduled for May 2003 in Kiev, Ukraine. The systems operating within the Community for environmental assessment of plans and programmes should ensure that there are adequate transboundary consultations where the implementation of a plan or programme being prepared in one Member State is likely to have significant effects on the environment of another Member State. The information on plans and programmes having significant effects on the environment of other States should be forwarded on a reciprocal and equivalent basis within an appropriate legal framework between Member States and these other States.(8) Action is therefore required at Community level to lay down a minimum environmental assessment framework, which would set out the broad principles of the environmental assessment system and leave the details to the Member States, having regard to the principle of subsidiarity. Action by the Community should not go beyond what is necessary to achieve the objectives set out in the Treaty.(9) This Directive is of a procedural nature, and its requirements should either be integrated into existing procedures in Member States or incorporated in specifically established procedures. With a view to avoiding duplication of the assessment, Member States should take account, where appropriate, of the fact that assessments will be carried out at different levels of a hierarchy of plans and programmes.(10) All plans and programmes which are prepared for a number of sectors and which set a framework for future development consent of projects listed in Annexes I and II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(7), and all plans and programmes which have been determined to require assessment pursuant to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(8), are likely to have significant effects on the environment, and should as a rule be made subject to systematic environmental assessment. When they determine the use of small areas at local level or are minor modifications to the above plans or programmes, they should be assessed only where Member States determine that they are likely to have significant effects on the environment.(11) Other plans and programmes which set the framework for future development consent of projects may not have significant effects on the environment in all cases and should be assessed only where Member States determine that they are likely to have such effects.(12) When Member States make such determinations, they should take into account the relevant criteria set out in this Directive.(13) Some plans or programmes are not subject to this Directive because of their particular characteristics.(14) Where an assessment is required by this Directive, an environmental report should be prepared containing relevant information as set out in this Directive, identifying, describing and evaluating the likely significant environmental effects of implementing the plan or programme, and reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme; Member States should communicate to the Commission any measures they take concerning the quality of environmental reports.(15) In order to contribute to more transparent decision making and with the aim of ensuring that the information supplied for the assessment is comprehensive and reliable, it is necessary to provide that authorities with relevant environmental responsibilities and the public are to be consulted during the assessment of plans and programmes, and that appropriate time frames are set, allowing sufficient time for consultations, including the expression of opinion.(16) Where the implementation of a plan or programme prepared in one Member State is likely to have a significant effect on the environment of other Member States, provision should be made for the Member States concerned to enter into consultations and for the relevant authorities and the public to be informed and enabled to express their opinion.(17) The environmental report and the opinions expressed by the relevant authorities and the public, as well as the results of any transboundary consultation, should be taken into account during the preparation of the plan or programme and before its adoption or submission to the legislative procedure.(18) Member States should ensure that, when a plan or programme is adopted, the relevant authorities and the public are informed and relevant information is made available to them.(19) Where the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Community legislation, such as Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(9), Directive 92/43/EEC, or Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(10), in order to avoid duplication of the assessment, Member States may provide for coordinated or joint procedures fulfilling the requirements of the relevant Community legislation.(20) A first report on the application and effectiveness of this Directive should be carried out by the Commission five years after its entry into force, and at seven-year intervals thereafter. With a view to further integrating environmental protection requirements, and taking into account the experience acquired, the first report should, if appropriate, be accompanied by proposals for amendment of this Directive, in particular as regards the possibility of extending its scope to other areas/sectors and other types of plans and programmes,HAVE ADOPTED THIS DIRECTIVE:Article 1ObjectivesThe objective of this Directive is to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development, by ensuring that, in accordance with this Directive, an environmental assessment is carried out of certain plans and programmes which are likely to have significant effects on the environment.Article 2DefinitionsFor the purposes of this Directive:(a) "plans and programmes" shall mean plans and programmes, including those co-financed by the European Community, as well as any modifications to them:- which are subject to preparation and/or adoption by an authority at national, regional or local level or which are prepared by an authority for adoption, through a legislative procedure by Parliament or Government, and- which are required by legislative, regulatory or administrative provisions;(b) "environmental assessment" shall mean the preparation of an environmental report, the carrying out of consultations, the taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision in accordance with Articles 4 to 9;(c) "environmental report" shall mean the part of the plan or programme documentation containing the information required in Article 5 and Annex I;(d) "The public" shall mean one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups.Article 3Scope1. An environmental assessment, in accordance with Articles 4 to 9, shall be carried out for plans and programmes referred to in paragraphs 2 to 4 which are likely to have significant environmental effects.2. Subject to paragraph 3, an environmental assessment shall be carried out for all plans and programmes,(a) which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337/EEC, or(b) which, in view of the likely effect on sites, have been determined to require an assessment pursuant to Article 6 or 7 of Directive 92/43/EEC.3. Plans and programmes referred to in paragraph 2 which determine the use of small areas at local level and minor modifications to plans and programmes referred to in paragraph 2 shall require an environmental assessment only where the Member States determine that they are likely to have significant environmental effects.4. Member States shall determine whether plans and programmes, other than those referred to in paragraph 2, which set the framework for future development consent of projects, are likely to have significant environmental effects.5. Member States shall determine whether plans or programmes referred to in paragraphs 3 and 4 are likely to have significant environmental effects either through case-by-case examination or by specifying types of plans and programmes or by combining both approaches. For this purpose Member States shall in all cases take into account relevant criteria set out in Annex II, in order to ensure that plans and programmes with likely significant effects on the environment are covered by this Directive.6. In the case-by-case examination and in specifying types of plans and programmes in accordance with paragraph 5, the authorities referred to in Article 6(3) shall be consulted.7. Member States shall ensure that their conclusions pursuant to paragraph 5, including the reasons for not requiring an environmental assessment pursuant to Articles 4 to 9, are made available to the public.8. The following plans and programmes are not subject to this Directive:- plans and programmes the sole purpose of which is to serve national defence or civil emergency,- financial or budget plans and programmes.9. This Directive does not apply to plans and programmes co-financed under the current respective programming periods(11) for Council Regulations (EC) No 1260/1999(12) and (EC) No 1257/1999(13).Article 4General obligations1. The environmental assessment referred to in Article 3 shall be carried out during the preparation of a plan or programme and before its adoption or submission to the legislative procedure.2. The requirements of this Directive shall either be integrated into existing procedures in Member States for the adoption of plans and programmes or incorporated in procedures established to comply with this Directive.3. Where plans and programmes form part of a hierarchy, Member States shall, with a view to avoiding duplication of the assessment, take into account the fact that the assessment will be carried out, in accordance with this Directive, at different levels of the hierarchy. For the purpose of, inter alia, avoiding duplication of assessment, Member States shall apply Article 5(2) and (3).Article 5Environmental report1. Where an environmental assessment is required under Article 3(1), an environmental report shall be prepared in which the likely significant effects on the environment of implementing the plan or programme, and reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme, are identified, described and evaluated. The information to be given for this purpose is referred to in Annex I.2. The environmental report prepared pursuant to paragraph 1 shall include the information that may reasonably be required taking into account current knowledge and methods of assessment, the contents and level of detail in the plan or programme, its stage in the decision-making process and the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication of the assessment.3. Relevant information available on environmental effects of the plans and programmes and obtained at other levels of decision-making or through other Community legislation may be used for providing the information referred to in Annex I.4. The authorities referred to in Article 6(3) shall be consulted when deciding on the scope and level of detail of the information which must be included in the environmental report.Article 6Consultations1. The draft plan or programme and the environmental report prepared in accordance with Article 5 shall be made available to the authorities referred to in paragraph 3 of this Article and the public.2. The authorities referred to in paragraph 3 and the public referred to in paragraph 4 shall be given an early and effective opportunity within appropriate time frames to express their opinion on the draft plan or programme and the accompanying environmental report before the adoption of the plan or programme or its submission to the legislative procedure.3. Member States shall designate the authorities to be consulted which, by reason of their specific environmental responsibilities, are likely to be concerned by the environmental effects of implementing plans and programmes.4. Member States shall identify the public for the purposes of paragraph 2, including the public affected or likely to be affected by, or having an interest in, the decision-making subject to this Directive, including relevant non-governmental organisations, such as those promoting environmental protection and other organisations concerned.5. The detailed arrangements for the information and consultation of the authorities and the public shall be determined by the Member States.Article 7Transboundary consultations1. Where a Member State considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, before its adoption or submission to the legislative procedure, forward a copy of the draft plan or programme and the relevant environmental report to the other Member State.2. Where a Member State is sent a copy of a draft plan or programme and an environmental report under paragraph 1, it shall indicate to the other Member State whether it wishes to enter into consultations before the adoption of the plan or programme or its submission to the legislative procedure and, if it so indicates, the Member States concerned shall enter into consultations concerning the likely transboundary environmental effects of implementing the plan or programme and the measures envisaged to reduce or eliminate such effects.Where such consultations take place, the Member States concerned shall agree on detailed arrangements to ensure that the authorities referred to in Article 6(3) and the public referred to in Article 6(4) in the Member State likely to be significantly affected are informed and given an opportunity to forward their opinion within a reasonable time-frame.3. Where Member States are required under this Article to enter into consultations, they shall agree, at the beginning of such consultations, on a reasonable timeframe for the duration of the consultations.Article 8Decision makingThe environmental report prepared pursuant to Article 5, the opinions expressed pursuant to Article 6 and the results of any transboundary consultations entered into pursuant to Article 7 shall be taken into account during the preparation of the plan or programme and before its adoption or submission to the legislative procedure.Article 9Information on the decision1. Member States shall ensure that, when a plan or programme is adopted, the authorities referred to in Article 6(3), the public and any Member State consulted under Article 7 are informed and the following items are made available to those so informed:(a) the plan or programme as adopted;(b) a statement summarising how environmental considerations have been integrated into the plan or programme and how the environmental report prepared pursuant to Article 5, the opinions expressed pursuant to Article 6 and the results of consultations entered into pursuant to Article 7 have been taken into account in accordance with Article 8 and the reasons for choosing the plan or programme as adopted, in the light of the other reasonable alternatives dealt with, and(c) the measures decided concerning monitoring in accordance with Article 10.2. The detailed arrangements concerning the information referred to in paragraph 1 shall be determined by the Member States.Article 10Monitoring1. Member States shall monitor the significant environmental effects of the implementation of plans and programmes in order, inter alia, to identify at an early stage unforeseen adverse effects, and to be able to undertake appropriate remedial action.2. In order to comply with paragraph 1, existing monitoring arrangements may be used if appropriate, with a view to avoiding duplication of monitoring.Article 11Relationship with other Community legislation1. An environmental assessment carried out under this Directive shall be without prejudice to any requirements under Directive 85/337/EEC and to any other Community law requirements.2. For plans and programmes for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Community legislation, Member States may provide for coordinated or joint procedures fulfilling the requirements of the relevant Community legislation in order, inter alia, to avoid duplication of assessment.3. For plans and programmes co-financed by the European Community, the environmental assessment in accordance with this Directive shall be carried out in conformity with the specific provisions in relevant Community legislation.Article 12Information, reporting and review1. Member States and the Commission shall exchange information on the experience gained in applying this Directive.2. Member States shall ensure that environmental reports are of a sufficient quality to meet the requirements of this Directive and shall communicate to the Commission any measures they take concerning the quality of these reports.3. Before 21 July 2006 the Commission shall send a first report on the application and effectiveness of this Directive to the European Parliament and to the Council.With a view further to integrating environmental protection requirements, in accordance with Article 6 of the Treaty, and taking into account the experience acquired in the application of this Directive in the Member States, such a report will be accompanied by proposals for amendment of this Directive, if appropriate. In particular, the Commission will consider the possibility of extending the scope of this Directive to other areas/sectors and other types of plans and programmes.A new evaluation report shall follow at seven-year intervals.4. The Commission shall report on the relationship between this Directive and Regulations (EC) No 1260/1999 and (EC) No 1257/1999 well ahead of the expiry of the programming periods provided for in those Regulations, with a view to ensuring a coherent approach with regard to this Directive and subsequent Community Regulations.Article 13Implementation of the Directive1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 21 July 2004. They shall forthwith inform the Commission thereof.2. When Member States adopt the 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.3. The obligation referred to in Article 4(1) shall apply to the plans and programmes of which the first formal preparatory act is subsequent to the date referred to in paragraph 1. Plans and programmes of which the first formal preparatory act is before that date and which are adopted or submitted to the legislative procedure more than 24 months thereafter, shall be made subject to the obligation referred to in Article 4(1) unless Member States decide on a case by case basis that this is not feasible and inform the public of their decision.4. Before 21 July 2004, Member States shall communicate to the Commission, in addition to the measures referred to in paragraph 1, separate information on the types of plans and programmes which, in accordance with Article 3, would be subject to an environmental assessment pursuant to this Directive. The Commission shall make this information available to the Member States. The information will be updated on a regular basis.Article 14Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 15AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 27 June 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentB. Rosengren(1) OJ C 129, 25.4.1997, p. 14 andOJ C 83, 25.3.1999, p. 13.(2) OJ C 287, 22.9.1997, p. 101.(3) OJ C 64, 27.2.1998, p. 63 andOJ C 374, 23.12.1999, p. 9.(4) Opinion of the European Parliament of 20 October 1998 (OJ C 341, 9.11.1998, p. 18), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 76), Council Common Position of 30 March 2000 (OJ C 137, 16.5.2000, p. 11) and Decision of the European Parliament of 6 September 2000 (OJ C 135, 7.5.2001, p. 155). Decision of the European Parliament of 31 May 2001 and Decision of the Council of 5 June 2001.(5) OJ C 138, 17.5.1993, p. 5.(6) OJ L 275, 10.10.1998, p. 1.(7) OJ L 175, 5.7.1985, p. 40. Directive as amended by Directive 97/11/EC (OJ L 73, 14.3.1997, p. 5).(8) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8.11.1997, p. 42).(9) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 97/49/EC (OJ L 223, 13.8.1997, p. 9).(10) OJ L 327, 22.12.2000, p. 1.(11) The 2000-2006 programming period for Council Regulation (EC) No 1260/1999 and the 2000-2006 and 2000-2007 programming periods for Council Regulation (EC) No 1257/1999.(12) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1).(13) Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations (OJ L 160, 26.6.1999, p. 80).ANNEX IInformation referred to in Article 5(1)The information to be provided under Article 5(1), subject to Article 5(2) and (3), is the following:(a) an outline of the contents, main objectives of the plan or programme and relationship with other relevant plans and programmes;(b) the relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme;(c) the environmental characteristics of areas likely to be significantly affected;(d) any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Directives 79/409/EEC and 92/43/EEC;(e) the environmental protection objectives, established at international, Community or Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation;(f) the likely significant effects(1) on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors;(g) the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme;(h) an outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information;(i) a description of the measures envisaged concerning monitoring in accordance with Article 10;(j) a non-technical summary of the information provided under the above headings.(1) These effects should include secondary, cumulative, synergistic, short, medium and long-term permanent and temporary, positive and negative effects.ANNEX IICriteria for determining the likely significance of effects referred to in Article 3(5)1. The characteristics of plans and programmes, having regard, in particular, to- the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources,- the degree to which the plan or programme influences other plans and programmes including those in a hierarchy,- the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development,- environmental problems relevant to the plan or programme,- the relevance of the plan or programme for the implementation of Community legislation on the environment (e.g. plans and programmes linked to waste-management or water protection).2. Characteristics of the effects and of the area likely to be affected, having regard, in particular, to- the probability, duration, frequency and reversibility of the effects,- the cumulative nature of the effects,- the transboundary nature of the effects,- the risks to human health or the environment (e.g. due to accidents),- the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected),- the value and vulnerability of the area likely to be affected due to:- special natural characteristics or cultural heritage,- exceeded environmental quality standards or limit values,- intensive land-use,- the effects on areas or landscapes which have a recognised national, Community or international protection status.


Avis juridique important

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31974L0329

Council Directive 74/329/EEC of 18 June 1974 on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs

Official Journal L 189 , 12/07/1974 P. 0001 - 0007 Finnish special edition: Chapter 13 Volume 4 P. 0022  Greek special edition: Chapter 03 Volume 11 P. 0010  Swedish special edition: Chapter 13 Volume 4 P. 0022  Spanish special edition: Chapter 13 Volume 3 P. 0240  Portuguese special edition Chapter 13 Volume 3 P. 0240

COUNCIL DIRECTIVE  of 18 June 1974  on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs  (74/329/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 227 (2) thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas differences between national laws relating to emulsifiers, stabilizers, thickeners and gelling agents hinder the free movement of foodstuffs and may create conditions of unfair competition, thereby directly affecting the establishment or functioning of the common market;  Whereas the approximation of those laws is necessary for the free movement of foodstuffs;  Whereas all laws relating to the emulsifiers, stabilizers, thickeners and gelling agents which may be used in foodstuffs must give priority to the protection of public health, but the protection of the consumer against falsification, and, so far as health protection allows, economic and technological needs must also be taken into consideration;  Whereas such approximation must, as a first stage, involve the establishment of a single list of emulsifiers, stabilizers, thickeners and gelling agents which may be authorized by the Member States for the treatment of foodstuffs and the laying down of the general criteria of purity which those agents must satisfy;  Whereas, particularly in the case of substances E 408, E 450 (c), E 460, E 475, E 480, E 481 and E 482, advances in research may provide new data ; whereas it may therefore be necessary to re-examine the case of these substances within a certain period of time;  Whereas, during a second stage, the Council must decide on the conditions for the use of each of the said agents;  Whereas, to take the economic and technological needs of certain Member States into account, a period should be set during which such Member States may authorize the use of certain agents in foodstuffs;  (1)OJ No C 139, 28.10.1969, p. 45. (2)OJ No C 144, 8.11.1969, p. 8.   Whereas it is desirable that, for all cases where the Council empowers the Commission to implement rules relating to foodstuffs, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee on Foodstuffs set up by Council Decision No 69/414/EEC of 13 November 1969 (1);  Whereas this Directive does not affect the possible use of the substances to which it refers for purposes other than those specified in Article 1 and in particular as bulking aids used at high levels in certain low-calorie foodstuffs,  HAS ADOPTED THIS DIRECTIVE:     Article 1 For the purposes of this Directive:    - emulsifiers and stabilizers mean those substances which, when added to a foodstuff, make it possible to form or maintain a uniform dispersion of two or more immiscible substances;       - thickeners mean those substances which, when added to a foodstuff, increase its viscosity;       - gelling agents mean those substances which, when added to a foodstuff, give it the consistency of a gel.           Article 2 1. Member States shall authorize the use as emulsifiers, stabilizers, thickeners and gelling agents in foodstuffs intended for human consumption, of only those substances listed in Annex I and where appropriate, only under the conditions specified therein.  2. However, within five years of the notification of this Directive and on the basis of a study by the Commission, the Council may, acting in accordance with the procedure laid down in Article 100 of the Treaty, delete or otherwise change the status of the substances listed in Annex I under E 408, E 450 (c), E 460, E 475, E 480, E 481 and E 482.    Article 3 1. Notwithstanding Article 2 (1) and for a period of five years from the notification of this Directive, Member States may authorize the use in foodstuffs of the substances listed in Annex II.  2. Where a Member State exercises the option under paragraph 1 other than by merely retaining the legislation in force at the time of notification of this Directive, it shall forthwith inform the other Member States and the Commission of the measures taken and shall furnish evidence which in its view justifies such measures.  3. Before the end of the period provided for in paragraph 1, the Council may, in accordance with the procedure laid down in Article 100 of the Treaty, include in Annex I the substances to which paragraph 1 refers.  In the case referred to in paragraph 2, the Council may, in accordance with the procedure laid down in Article 100 of the Treaty, decide on any other appropriate measure.    Article 4 The Council, in accordance with the procedure laid down in Article 100 of the Treaty, shall determine as soon as possible the foodstuffs to which the substances listed in Annex I may be added and the conditions under which they may be added.    Article 5 1. Where the use in foodstuffs of any substance listed in Annex I or the level of one or more of the components referred to in Article 6 contained in such substances might endanger human health, a Member State may, for a maximum period of one year, suspend the authorization to use that substance or reduce the maximum authorized level of one or more of the components in question. It shall forthwith inform the Commission thereof, which shall consult the Member States.  2. The Council, acting unanimously on a proposal from the Commission, shall decide without delay whether the list in Annex I should be amended and, if appropriate, adopt the necessary amendments by means of a directive. The Council, acting by a qualified majority on a proposal from the Commission, may also if necessary extend for a maximum of one year the period referred to in paragraph 1.    Article 6 1. Member States shall take all necessary measures to ensure that the substances listed in Annex I and intended for use in foodstuffs satisfy:  (1)OJ No L 291, 19.11.1969, p. 9,     (a) the following general criteria of purity:      - they shall not contain a toxicologically dangerous amount of any element, in particular heavy metals;           - they shall not contain more than 3 mg/kg of arsenic or more than 10 mg/kg of lead;           - they shall not contain more than 50 mg/kg of copper and zinc taken together of which the zinc content must in no case exceed 25 mg/kg subject to any exception deriving from the specific criteria of purity referred to in (b) ; however, the limit fixed for copper shall not apply to pectins;                  (b) the specific criteria of purity determined in accordance with Article 7 (1) ; these criteria shall also specify the maximum copper content of pectins.         2. Member States shall also ensure that the substances listed in Annex I under E 471, E 472 (b), E 473, E 474, E 475 and E 477 do not in addition contain more than 6 % of the substances listed in Annex I, under E 470, expressed as sodium oleate.    Article 7 1. The Council, acting unanimously on a proposal from the Commission, shall lay down by means of a Directive the specific criteria of purity for the substances listed in Annex I.  2. The following shall be determined in accordance with the procedure laid down in Article 10:    - the methods of analysis necessary for the control of the general and specific criteria of purity referred to in Article 6 (1) and the limit specified in Article 6 (2),       - the procedure for taking of samples and the methods for qualitative and quantitative analysis of emulsifiers, stabilizers, thickeners and gelling agents in and on foodstuffs.           Article 8 1. Member States shall take all necessary measures to ensure that the substances listed in Annex I and intended for use in foodstuffs for the purposes listed in Article 1 may be marketed only if their packagings or containers bear the following information:    (a) the name and address of the manufacturer or of a seller responsible within the meaning of the law of the Member State where he is resident ; a person importing a product from a third country shall be regarded as the manufacturer:       (b) the number and name of the substance as given in Annex I;       (c) the statement "for foodstuffs (restricted use)";       (d) in the case of substances listed in Annex I when mixed with each other or with other additives, and where relevant, with substances in which such other additives can be dissolved or diluted:      - the name of each component or, where appropriate, its number as given in Annex I;           - the percentage of each component where this requirement is laid down in provisions relating to other categories of additives.                    2. In the case of mixtures described in paragraph 1 (d) Member States may also make obligatory an indication of the percentage of those substances enumerated in Annex I for which their national legislation provides a quantitative limitation in foodstuffs, except when the same limit applies singly or in combination to all of the compenonts in the mixture.  The Member State shall inform the other Member States and the Commission of any measures taken in accordance with this paragraph.  3. In adopting the provisions provided for in Article 4, the Council shall also fix the rules which will apply at a later stage in the Community relating to the labelling of the composition of the mixtures described in paragraph 1 (d).  4. Member States may not prohibit the introduction into their territory and the marketing of the substances listed in Annex I for the sole reason that they consider the labelling inadequate if the information required by paragraph 1 is given on the packagings or containers and if the details listed in subparagraphs (b) and (c) of paragraph 1 are given in at least one of the official language of the Community. Each recipient State may however require the latter details to be given in its official language or languages.    Article 9 Article 2 shall not apply to:    (a) foodstuffs which have emulsifying, stabilizing, thickening or gelling properties, such as, for example, eggs, flour and starches;        (b) emulsifiers used in release agents;       (c) acids, bases and salts which, when added to a foodstuff during manufacture, change or stabilize the pH;       (d) blood plasma, modified starches, edible gelatine and hydrolyzed food proteins and their salts.           Article 10 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee on Foodstuffs, hereinafter called the "Committee".  2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its Opinion on the draft within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of forty-one votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  3.    (a) The Commission shall adopt the measures envisaged where they are in accordance with the Opinion of the Committee.       (b) Where the measures envisaged are not in accordance with the Opinion of the Committee, or if no Opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall act by a qualified majority.       (c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.          Article 11 Article 10 shall apply for 18 months from the date on which a matter was first referred to the Committee under Article 10 (1).    Article 12 1. This Directive shall apply equally to emulsifiers, stabilizers, thickeners and gelling agents intended for use in foodstuffs and to foodstuffs imported into the Community.  2. This Directive shall apply neither to emulsifiers, stabilizers, thickeners and gelling agents, nor to foodstuffs intended for export outside the Community.    Article 13 Member States shall, within one year from the notification of this Directive, amend their laws in accordance with the preceding provisions and shall forthwith inform the Commission thereof. The laws thus amended shall be implemented at the latest two years after notification of this Directive.    Article 14 This Directive shall also apply to the French Overseas Departments.    Article 15 This Directive is addressed to the Member States.     Done at Luxembourg, 18 June 1974.  For the Council  The President  J. ERTL    ANNEX I Emulsifiers, stabilizers, thickeners and gelling agents which may be used in foodstuffs  >PIC FILE= "T0006099">   >PIC FILE= "T0006100">       ANNEX II Designation Karaya gum (synonym : sterculia gum)  Partial polyglycerol esters of polycondensed fatty acids of castor oil  Sorbitan monopalmitate  Sorbitan monostearate  Sorbitan tristearate  Polyoxyethylene (20) sorbitan monolaurate (synonym : polysorbate 20)  Polyoxyethylene (20) sorbitan monopalmitate (synonym : polysorbate 40)  Polyoxyethylene (20) sorbitan monostearate (synonym : polysorbate 60)  Polyoxyethylene (20) sorbitan tristearate (synonym : polysorbate 65)  Polyoxyethylene (20) sorbitan mono-oleate (synonym : polysorbate 80)  Polyoxyethylene (8) stearate  Polyoxyethylene (40) stearate  Glyceric esters of fatty acids obtained from soya oil oxydized under heat  Ghatti gum  Xanthan gum  Extract of quillaia  Lactylated fatty acid esters of glycerol and propylene glycol  Sorbitan monolaurate  Sorbitan mono-oleate  Dioctyl sodium sulphosuccinate  Ammonium phosphatides (synonym : emulsifier YN)


Avis juridique important

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31995L0021

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)

Official Journal L 157 , 07/07/1995 P. 0001 - 0019

COUNCIL DIRECTIVE 95/21/ECof 19 June  1995concerning 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) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 84 (2)  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with Article 189c of the Treaty (3), Whereas the Community is seriously concerned about shipping casualties and pollution of the seas  and coastlines of the Member States; Whereas the Community is equally concerned about on-board living and working conditions; Whereas the Council, at its meeting on 25 January 1993, adopted conclusions that urged the  Community and the Member States to ensure more effective application and enforcement of adequate  international maritime safety and environment protection standards and to implement the new  measures when adopted; Whereas, in its resolution of 8 June 1993 on a common policy on safe seas (4), the Council urged  the Commission to submit as soon as possible to the Council suggestions for specific action and  formal proposals concerning criteria for the inspection of ships, including the harmonization of  detention rules, and including the possibility of publication of the results of the inspections and  refusal of access to Community ports; Whereas safety, pollution prevention and shipboard living and working conditions may be effectively  enhanced through a drastic reduction of substandard ships from Community waters, by strictly  applying international Conventions, codes and resolutions; Whereas monitoring the compliance of ships with the international standards for safety, pollution  prevention and shipboard living and working conditions should rest primarily with the flag State;  whereas, however, there is a serious failure on the part of an increasing number of flag States to  implement and enforce international standards; whereas henceforth the monitoring of compliance with  the international standards for safety, pollution prevention and shipboard living and working  conditions has also to be ensured by the port State; Whereas a harmonized approach to the effective enforcement of these international standards by the  Member States in respect of ships sailing in the waters under their jurisdiction and using their  ports will avoid distortions of competition; Whereas a framework in Community law for harmonizing inspection procedures is fundamental to  ensuring the homogeneous application of the principles of shipping safety and prevention of  pollution which lie at the heart of Community transport and environment policies; Whereas pollution of the seas is by nature a trans-boundary phenomenon; whereas, in accordance with  the principle of subsidiarity, the development of the means of taking preventive action in this  field as regards the seas adjacent to the Member States is best done at Community level, since  Member States cannot take adequate and effective action in isolation; Whereas the adoption of a Council Directive is the appropriate procedure for laying down the legal  framework and the harmonized rules and criteria for port State control; Whereas advantage should be taken of the experience gained during the operation of the Paris  Memorandum of Understanding (MOU) on Port State Control (PSC), signed in Paris on 26 January 1982; Whereas the inspection by each Member State of at least 25 % of the number of individual foreign  ships which enter its ports in a given year in practice means that a large number of ships  operating within the Community area at any given time have undergone an inspection; Whereas further efforts should be made to develop a better targeting system; Whereas the rules and procedures for port-State inspections, including criteria for the detention  of ships, must be harmonized to ensure consistent effectiveness in all ports, which would also  drastically reduce the selective use of certain ports of destination to avoid the net of proper  control; Whereas the casualty, detention and deficiency statistics published in the Commission's  communication entitled 'A common policy on safe seas' and in the annual report of the MOU show that  certain categories of ships need to be subject to an expanded inspection; Whereas non-compliance with the provisions of the relevant Conventions must be rectified; whereas  ships which are required to take corrective action must, where the deficiencies in compliance are  clearly hazardous to safety, health or the environment, be detained until such time as the  non-compliance has been rectified; Whereas a right of appeal should be made available against decisions for detention taken by the  competent authorities, in order to prevent unreasonable decisions which are liable to cause undue  detention and delay; Whereas the facilities in the port of inspection may be such that the competent authority will be  obliged to authorize the ship to proceed to an appropriate repair yard, provided that the  conditions for the transfer are complied with; whereas non-complying ships would continue to pose a  threat to safety, health or the environment and to enjoy commercial advantages by not being  upgraded in accordance with the relevant provisions of the Conventions and should therefore be  refused access to all ports in the Community; Whereas there are circumstances where a ship which has been refused access to ports within the  Community has to be granted permission to enter; whereas under such circumstances the ship should  only be permitted access to a specific port if all precautions are taken to ensure it safe entry; Whereas, given the complexity of the requirements of the Conventions as regards a ship's  construction, equipment and manning, the severe consequences of the decisions taken by the  inspectors, and the necessity for the inspectors to take completely impartial decisions,  inspections must be carried out only by inspectors who are duly authorized public service employees  or other such persons, and highly knowledgeable and experienced; Whereas pilots and port authorities may be able to provide useful information on the deficiencies  of such ships and crews; Whereas cooperation between the competent authorities of the Member States and other authorities or  organizations is necessary to ensure an effective follow-up with regard to ships with deficiencies  which have been permitted to proceed and for the exchange of information about ships in port; Whereas the information system called Sirenac E established under the MOU provides a large amount  of the additional information needed for the application of this Directive; Whereas publication of information concerning ships which do not comply with international  standards on safety, health and protection of the marine environment, may be an effective deterrent  discouraging shippers to use such ships, and an incentive to their owners to take corrective action  without being compelled to do so; Whereas all costs of inspecting ships which warrant detention should be borne by the owner or the  operator; Whereas for the purposes of implementing this Directive use should be made of the Committee set up  pursuant to Article 12 of Council Directive 93/75/EEC of 13 September 1993 concerning minimum  requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting  goods (1) in order to assist the Commission with the task of adapting Member States' inspection  obligations on the basis of experience gained, taking into account developments in the MOU, and  also adopting the Annexes as necessary in the light of amendments to the Conventions, Protocols,  codes and resolutions of relevant international bodies and to the MOU, HAS ADOPTED THIS DIRECTIVE: Article 1PurposeThe purpose of this Directive is to help drastically to  reduce substandard shipping in the waters under the jurisdiction of Member States by: - increasing compliance with international and relevant Community legislation on maritime safety,  protection of the marine environment and living and working conditions on board ships of all  flags, - establishing common criteria for control of ships by the port State and harmonizing procedures on  inspection and detention, taking proper account of the commitments made by the maritime authorities  of the Member States under the Paris Memorandum of Understanding on Port State Control (MOU). Article 2DefinitionsFor the purpose of this Directive including its Annexes: 1. 'Conventions' means: - the International Convention on Load Lines, 1966 (LL 66), - the International Convention for the Safety of Life at Sea, 1974 (Solas 74), - the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978  Protocol relating thereto (Marpol 73/78), - the International Convention on Standards of Training, Certification and Watchkeeping for  Seafarers, 1978 (STEW 78), - the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Colreg  72), - the International Convention on Tonnage Measurement of Ships, 1969 and- the Merchant Shipping  (Minimum Standards) Convention, 1976 (ILO No 147), together with the Protocols and amendments to these Conventions and related codes of mandatory  status, in force at the date of adoption of this Directive. 2. 'MOU' means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January  1982, as it stands at the date of adoption of this Directive. 3. 'Ship' means any seagoing vessel to which one or more of the Conventions apply, flying a flag  other than that of the port State. 4. 'Off-shore installation' means a fixed or floating platform operating on or over the continental  shelf of a Member State. 5. 'Inspector' means a public-sector employee or other person, duly authorized by the competent  authority of a Member State to carry out port-State control inspections, and responsible to that  competent authority. 6. 'Inspection' means a visit on board a ship in order to check both the validity of the relevant  certificates and other documents and the condition of the ship, its equipment and crew, as well as  the living and working conditions of the crew. 7. 'More detailed inspection' means an inspection where the ship, its equipment and crew as a whole  or, as appropriate, parts thereof are subjected, in the circumstances specified in Article 6 (3),  to an in-depth inspection covering the ship's construction, equipment, manning, living and working  conditions and compliance with on-board operational procedures. 8. 'Expanded inspection' means an inspection as specified in Article 7. 9. 'Detention' means the formal prohibition of a ship to proceed to sea due to established  deficiencies which, individually or together, make the ship unseaworthy. 10. 'Stoppage of an operation' means a formal prohibition of a ship to continue an operation due to  established deficiencies which, individually or together, would render the continued operation  hazardous. Article 3Scope1. This Directive applies to any ship and its crew: - calling at a port of a Member State or at an off-shore installation, or- anchored off such a  port or such an installation. Nothing in this Article shall affect the rights of intervention available to a Member State under  the relevant international Conventions. 2. In case of ships of a gross tonnage below 500, Member States shall apply those requirements of a  relevant Convention which are applicable and shall, to the extent that a Convention does not apply,  take such action as may be necessary to ensure that the ships concerned are not clearly hazardous  to safety, health or the environment. In their application of this paragraph, Member States shall  be guided by Annex 1 to the MOU. 3. When inspecting a ship flying the flag of a State which is not a party to a Convention, Member  States shall ensure that the treatment given to such ship and its crew is no more favourable than  that given to a ship flying the flag of a State which is a party to that Convention. 4. Fishing vessels, ships of war, naval auxiliaries, wooden ships of a primitive build, government  ships used for non-commercial purposes and pleasure yachts not engaged in trade shall be excluded  from the scope of this Directive. Article 4Inspection bodyMember States shall maintain appropriate national maritime  administrations, hereinafter called 'competent authorities', for the inspection of ships and shall  take whatever measures are appropriate to ensure that their competent authorities perform their  duties as laid down in this Directive. Article 5Inspection commitments1. The competent authority of each Member Sate shall carry out  an annual total number of inspections corresponding to at least 25 % of the number of individual  ships which entered its ports during a representative calendar year. 2. In selecting ships for inspection the competent authority shall give priority to the ships  referred to in Annex I. 3. Member States shall refrain from inspecting ships which have been inspected by any Member State  within the previous six months, provided that: - the ship is not listed in Annex I, and- no deficiencies have been reported, following a previous  inspection, and- no clear grounds exist for carrying out an inspection. 4. The provisions of paragraph 3 shall not apply to any of the operational controls specifically  provided for in the Conventions. 5. The Member States and the Commission shall cooperate in seeking to develop priorities and  practices which will enable ships likely to be defective to be targeted more effectively. Any consequent amendment of this Article, except to the figure of 25 % in paragraph 1, shall be  made under the provisions of Article 19. Article 6Inspection procedure1. The competent authority shall ensure that the inspector shall  as a minimum: (a) check the certificates and documents listed in Annex II, to the extent applicable; (b) satisfy himself of the overall condition of the ship, including the engine room and  accommodation and including hygienic conditions. 2. The inspector may examine all relevant certificates and documents, other than those listed in  Annex II, which are required to be carried on board in accordance with the Conventions. 3. Whenever there are clear grounds for believing, after the inspection referred to in paragraphs 1  and 2, that the condition of a ship or of its equipment or crew does not substantially meet the  relevant requirements of a Convention, a more detailed inspection shall be carried out, including  further checking of compliance with on-board operational requirements. 'Clear grounds' exist when the inspector finds evidence which in his professional judgement  warrants a more detailed inspection of the ship, its equipment or its crew. Examples of 'clear grounds' are set out in Annex III. 4. The relevant procedures and guidelines for the control of ships specified in Annex IV shall also  be observed. Article 7Expanded inspection of certain ships1. Where there are clear grounds for a detailed  inspection of a ship belonging to the categories listed in Annex V, Member States shall ensure that  an expanded inspection is carried out. 2. Annex V, section B, contains non-mandatory guidelines for expanded inspection. 3. The ships referred to in paragraph 1 shall be subject to an expanded inspection by any of the  competent authorities of the Member States only once during a period of 12 months. However, these  ships may be subject to the inspection provided for in Article 6 (1) and (2). 4. In the case of passenger ships operating on a regular schedule in or out of a port in a Member  State, an expanded inspection of each ship shall be carried out by the competent authority of that  Member State. When a passenger ship operates such a schedule between ports in Member States, one of  the States between which the ship is operating shall undertake the expanded inspection. Article 8Report of inspection to the master1. On completion of an inspection, a more detailed  inspection, or an expanded inspection, the master of the ship shall be provided by the inspector  with a document in the form specified in Annex 3 to the MOU, giving the results of the inspection  and details of any decisions taken by the inspector, and of corrective action to be taken by the  master, owner or operator. 2. In the case of deficiencies warranting the detention of a ship, the document to be given to the  master in accordance with paragraph 1 shall include information about the future publication of the  detention order in accordance with the provisions of this Directive. Article 9Rectification and detention1. The competent authority shall be satisfied that any  deficiencies confirmed or revealed by the inspection referred to in Articles 6 and 7 are or will be  rectified in accordance with the Conventions. 2. In the case of deficiencies which are clearly hazardous to safety, health or the environment,  the competent authority of the port State where the ship is being inspected shall ensure that the  ship is detained, or the operation in the course of which the deficiencies have been revealed is  stopped. The detention order or stoppage of an operation shall not be lifted until the hazard is  removed or until such authority establishes that the ship can, subject to any necessary conditions,  proceed to sea or the operation be resumed without risk to the safety and health of passengers or  crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine  environment. 3. When exercising his professional judgment as to whether or not a ship should be detained, the  inspector shall apply the criteria set out in Annex VI. 4. In exceptional circumstances, where the overall condition of a ship is obviously substandard,  the competent authority may suspend the inspection of that ship until the responsible parties have  taken the steps necessary to ensure that it complies with the relevant requirements of the  Conventions. 5. In the event that the inspections referred to in Articles 6 and 7 give rise to detention, the  competent authority shall immediately inform, in writing, the administration of the State whose  flag the ship is entitled to fly (hereinafter called 'flag administration') or the Consul or, in  his absence, the nearest diplomatic representative of the State, of all the circumstances in which  intervention was deemed necessary. In addition, nominated surveyors or recognized organizations  responsible for the issue of the ship's certificates shall also be notified where relevant. 6. The provisions of this Directive shall be without prejudice to the additional requirements of  the Conventions concerning notification and reporting procedures related to port State control. 7. When exercising port State control under this Directive, all possible efforts shall be made to  avoid a ship being unduly detained or delayed. If a ship is unduly detained or delayed, the owner  or operator shall be entitled to compensation for any loss or damage suffered. In any instance of  alleged undue detention or delay the burden of proof shall lie with the owner or operator of the  ship. Article 10Right of appeal1. The owner or the operator of a ship or his representative in the  Member State shall have a right of appeal against a detention decision taken by the competent  authority. An appeal shall not cause the detention to be suspended. 2. Member States shall establish and maintain appropriate procedures for this purpose in accordance  with their national legislation. 3. The competent authority shall properly inform the master of a ship referred to in paragraph 1 of  the right of appeal. Article 11Follow-up to inspections and detention1. Where deficiencies as referred to in Article  9 (2) cannot be rectified in the port of inspection, the competent authority of that Member State  may allow the ship concerned to proceed to the nearest appropriate repair yard available, as chosen  by the master and the authorities concerned, provided that the conditions determined by the  competent authority of the flag State and agreed by that Member State are complied with. Such  conditions shall ensure that the ship can proceed without risk to the safety and health of  passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm  to the marine environment. 2. In the circumstances referred to in paragraph 1, the competent authority of the Member State in  the port of inspection shall notify the competent authority of the State where the repair yard is  situated, the parties mentioned in Article 9 (5) and any other authority as appropriate of all the  conditions for the voyage. 3. The notification of the parties referred to in paragraph 2 shall be in accordance with Annex 2  to the MOU. The competent authority of a Member State receiving such notification shall inform the notifying  authority of the action taken. 4. Member States shall take measures to ensure that ships referred to in paragraph 1 which proceed  to sea: (i) without complying with the conditions determined by the competent authority of any Member State  in the port of inspection; or(ii) which refuse to comply with the applicable requirements of the  Conventions by not calling into the indicated repair yard; shall be refused access to any port within the Community, until the owner or operator has provided  evidence to the satisfaction of the competent authority of the Member State where the ship was  found defective that the ship fully complies with all applicable requirements of the Conventions. 5. In the circumstances referred to in paragraph 4 (i), the competent authority of the Member State  where the ship was found defective shall immediately alert the competent authorities of all the  other Member States. In the circumstances referred to in paragraph 4 (ii), the competent authority of the Member State  in which the repair yard lies shall immediately alert the competent authorities of all the other  Member States. Before denying entry, the Member State may request consultations with the flag administration of  the ship concerned. 6. Notwithstanding the provisions of paragraph 4, access to a specific port may be permitted by the  relevant authority of that port State in the event of force majeure or overriding safety  considerations, or to reduce or minimize the risk of pollution or to have deficiencies rectified,  provided adequate measures to the satisfaction of the competent authority of such Member State have  been implemented by the owner, the operator or the master of the ship to ensure safe entry. Article 12Professional profile of inspectors1. The inspections shall be carried out only by  inspectors who fulfil the qualification criteria specified in Annex VII. 2. When the required professional expertise cannot be provided by the competent authority of the  port State, the inspector of that competent authority may be assisted by any person with the  required expertise. 3. The inspectors carrying out port State control and the persons assisting them shall have no  commercial interest either in the port of inspection or in the ships inspected, nor shall the  inspectors be employed by or undertake work on behalf of non-governmental organizations which issue  statutory and classification certificates or which carry out the surveys necessary for the issue of  those certificates to ships. 4. Each inspector shall carry a personal document in the form of an identity card issued by his  competent authority in accordance with the national legislation, indicating that the inspector is  authorized to carry out inspections. A common model for such an identity card shall be established in accordance with the procedure in  Article 19. Article 13Reports from pilots and port authorities1. Pilots of Member States, engaged in  berthing or unberthing ships or engaged on ships bound for a port within a Member State, shall  immediately inform the competent authority of the port State or the coastal State, as appropriate,  whenever they learn in the course of their normal duties that there are deficiencies which may  prejudice the safe navigation of the ship, or which may pose a threat of harm to the marine  environment. 2. If port authorities, when exercising their normal duties, learn that a ship within their port  has deficiencies which may prejudice the safety of the ship or poses an unreasonable threat of harm  to the marine environment, such authority shall immediately inform the competent authority of the  port State concerned. Article 14Cooperation1. Each Member State shall make provision for cooperation between its  competent authority, its port authorities and other relevant authorities or commercial  organizations to ensure that its competent authority can obtain all relevant information on ships  calling at its ports. 2. Member States shall maintain provisions for the exchange of information and cooperation between  their competent authority and the competent authorities of all other Member States and maintain the  established operational link between their competent authority, the Commission and the Sirenac E  information system set up in St Malo, France. 3. The information referred to in paragraph 2 shall be that specified in Annex 4 to the MOU, and  that required to comply with Article 15 of this Directive. Article 15Publication of detentionsEach competent authority shall as a minimum publish  quarterly information concerning ships detained during the previous three-month period and which  have been detained more than once during the past 24 months. The information published shall  include the following: - name of the ship, - name of the shipowner or the operator of the ship, - IMO number, - flag State, - the classification society, where relevant, and, if applicable, any other Party which has issued  certificates to such ship in accordance with the Conventions on behalf of the flag State, - reason for detention, - port and date of detention. Article 16Reimbursement of costs1. Should the inspections referred to in Articles 6 and 7  confirm or reveal deficiencies in relation to the requirements of a Convention warranting the  detention of a ship, all costs relating to the inspections in any normal accounting period shall be  covered by the shipowner or the operator or by his representative in the port State. 2. All costs relating to inspections carried out by the competent authority of a Member State under  the provisions of Article 11 (4) shall be charged to the owner or operator of the ship. 3. The detention shall not be lifted until full payment has been made or a sufficient guarantee has  been given for the reimbursement of the costs. Article 17Data to monitor implementation1. Member States shall supply the following information  to the Commission and the MOU Secretariat: - number of inspectors working on their behalf on port State inspection in accordance with this  Directive. For authorities where inspectors perform port-State inspections on a part-time basis  only, the total must be converted into a number of full-time employed inspectors, - number of individual ships entering their ports in a representative calendar year within the  previous five-year period. 2. The information listed in paragraph 1 shall be forwarded within three months following the entry  into force of this Directive and thereafter by 1 October once every three calendar years. Article 18Regulatory CommitteeThe Commission shall be assisted by the Committee set up pursuant  to Article 12 of Directive 93/75/EEC in accordance with the procedure laid down in that Article. Article 19Amendment procedureThis Directive may be amended in accordance with the procedure  laid down in Article 18, in order to: (a) adapt the inspection and publication obligations of Member States mentioned in Article 5  (except the figure of 25 % referred to in paragraph 1 thereof), and in Articles 6, 7 and 15 on the  basis of the experience gained from implementation of this Directive and taking into account  developments in the MOU; (b) adapt the Annexes in order to take into account amendments which have entered into force to the  Conventions, Protocols, codes and resolutions of relevant international organizations and to the  MOU. Article 20Implementation1. Member States shall adopt the laws, regulations and administrative  provisions necessary to implement this Directive not later than 30 June 1996 and shall forthwith  inform the Commission thereof. 2. 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 a reference shall be laid down by Member States. 3. Member States shall communicate to the Commission the text of the provisions of national law  which they have adopted in the field governed by this Directive. Article 21This Directive shall enter into force on the 20th day following that of its  publication. Article 22This Directive is addressed to the Member States. Done at Luxembourg, 19 June 1995. For the CouncilThe PresidentB. PONS(1) OJ No C 107, 15. 4. 1994, p. 14 and  OJ No C 347, 8. 12. 1944, p. 15. (2) OJ No 393, 31. 12. 1994, p. 50. (3) Opinion of the European Parliament of 27 October 1994 (OJ No C 347, 8. 12. 1994, p. 15),  Council common position of 14 March 1995 (OJ No C 93, 13. 4. 1995, p. 25) and European Parliament  Decision of 18 May 1995 (not yet published in the Official Journal). (4) OJ No C 271, 7. 10. 1993, p. 1. (1) OJ No L 247, 5. 10. 1993, p. 19.  ANNEX ISHIPS TO BE CONSIDERED FOR PRIORITY INSPECTION (as referred to in Article 5 (2))  (*)1. Ships visiting a port of a Member State for the first time or after an absence of 12 months  or more. In applying these criteria Member States shall also take into account those inspections  which have been carried out by members of the MOU. In the absence of appropriate data for this  purpose, Member States shall rely upon the available Sirenac E data and inspect those ships which  have not been registered in the Sirenac E database following the entry into force of that database  on 1 January 1993. 2. Ships flying the flag of a State appearing in the three-year rolling average table of  above-average detentions and delays published in the annual report of the MOU. 3. Ships which have been permitted to leave the port of a Member State on condition that the  deficiencies noted must be rectified within a specified period, upon expiry of such period. 4. Ships which have been reported by pilots or port authorities as having deficiencies which may  prejudice their safe navigation (pursuant to Council Directive 93/75/EEC of 13 September 1993 and  Article 13 of this Directive). 5. Ships whose statutory certificates on the ship's construction and equipment, issued in  accordance with the Conventions, and the classification certificates, have been issued by an  organization which is not recognized under the terms of Council Directive 94/57/EC of 22 November  1994 (1) on common rules and standards for ship inspection and survey organizations and for the  relevant activities of maritime administrations. 6. Ships which have failed to comply with the obligations laid down in Council Directive  93/75/EEC. 7. Ships which are in a category for which expanded inspection has been decided (pursuant to  Article 7 of this Directive). 8. Ships which have been suspended from their class for safety reasons in the course of the  preceding six months. (*) The sequence of the criteria is not indicative of the order of their importance. (1) OJ No L 319, 12. 12. 1994, p. 20.  ANNEX IILIST OF CERTIFICATES AND DOCUMENTS (referred to in Article 6 (1))1.  International Tonnage Certificate (1969)2. - Passenger Ship Safety Certificate, - Cargo Ship Safety Construction Certificate, - Cargo Ship Safety Equipment Certificate, - Cargo Ship Safety Radiotelegraphy Certificate, - Cargo Ship Safety Radiotelephony Certificate; - Cargo Ship Safety Radio Certificate, - Exemption Certificate, - Cargo Ship Safety Certificate. 3. International Certificate of Fitness for Carriage of Liquefied Gases in Bulk; - Certificate of Fitness for the Carriage of Liquefied Gases in Bulk. 4. International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; - Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. 5. International Oil Pollution Prevention Certificate. 6. International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in  Bulk. 7. International Load Line Certificate (1966); - International Load Line Exemption Certificate. 8. Oil record book, parts I and II. 9. Cargo record book. 10. Minimum Safe Manning Document; - Certificates of Competency. 11. Medical certificates, (see ILO Convention No 73 concerning Medical Examination of Seafarers). 12. Stability information. 13. Copy of Document of Compliance and Certificate issued in accordance with The International  Management Code for the Safe Operation of Ships and for Pollution Prevention (IMO Resolution A.741  (18)). 14. Certificates as to the ship's hull strength and machinery installations issued by the  classification society in question (only to be required if the ship maintains its class with a  classification society).  ANNEX IIIEXAMPLES OF 'CLEAR GROUNDS' FOR A MORE DETAILED INSPECTION (as referred to in  Article 6 (3))1. Ships identified in Annex I, with the exception of No 1. 2. A report or notification by another Member State. 3. A report or complaint by the master, a crew member, or any person or organization with a  legitimate interest in the safe operation of the ship, shipboard living and working conditions or  the prevention of pollution, unless the Member State concerned deems the report or complaint to be  manifestly unfounded; the identity of the person lodging the report or the complaint must not be  revealed to the master or the shipowner of the ship concerned. 4. The ship has been involved in a collision on its way to the port. 5. The oil record book has not been properly kept. 6. The ship has been accused of an alleged violation of the provisions on discharge of harmful  substances or effluents. 7. During examination of the certificates and other documentation, (see Article 6 (1) (a) and (2)),  inaccuracies have been revealed. 8. Indications that the crew members are unable to comply with the requirements of Article 8 of  Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers (1). 9. Evidence of cargo and other operations not being conducted safely, or in accordance with IMO  guidelines, e.g. the content of oxygen in the inert-gas mains supply to the cargo tanks is above  the prescribed maximum level. 10. Failure of the master on an oil tanker to produce the record of the oil discharge monitoring  and control system for the last ballast voyage. 11. Absence of an up-to-date muster list, or crew members not aware of their duties in the event of  fire or an order to abandon ship. (1) OJ No L 319, 12. 12. 1994, p. 28.  ANNEX IVPROCEDURES FOR THE CONTROL OF SHIPS (as referred to in Article 6 (4)) 1.  Procedures for the Control of Ships (IMO Resolution A.466 (XII)), as amended. 2. Principles of Safe Manning (IMO Resolution A.481 (XII) and Annexes which are Contents of Minimum  Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning  (Annex 2). 3. Procedures for the Control of Ships and Discharges under Annex I to Marpol 73/78 (IMO Resolution  A.542 (13)). 4. Procedures for the Control of Ships and Discharges under Annex II to Marpol 73/78 (IMO  Resolution MEPC 26 (23)). 5. Procedures for the Control of Operational Requirements Related to the Safety of Ships and  Pollution Prevention (IMO Resolution A.742 (18)). 6. The Provisions of the International Maritime Dangerous Goods Code. 7. International Labour Organization (ILO) publication 'Inspection of Labour Conditions on Board  Ship: Guidelines for Procedure'. 8. Annex I to the Paris MOU guidelines for surveyors.  ANNEX VA. CATEGORIES OF SHIPS SUBJECT TO EXPANDED INSPECTION (as referred to in Article  7 (1))1. Oil tankers, five years or less from the date of phasing out in accordance with Marpol  73/78, Annex I, Regulation 13G, i.e. - a crude oil tanker of 20 000 tonnes deadweight and above or a product carrier of 30 000 tonnes  deadweight and above, not meeting the requirements of a new oil tanker as defined in Regulation 1  (26) of Annex I to Marpol 73/78, will be subject to expanded inspection 20 years after its date of  delivery as indicated on the Supplement, Form B, to the IOPP Certificate, or 25 years after that  date, if the ship's wing tanks or double-bottom spaces not used for the carriage of oil meet the  requirements of Regulation 13G (4) of that Annex, unless it has been reconstructed to comply with  Regulation 13F of the same Annex, - an oil tanker as mentioned above meeting the requirements of a new oil tanker as defined in  Regulation 1 (26) of Annex I to Marpol 73/78 will be subject to expanded inspection 25 years after  its date of delivery as indicated on the Supplement, Form B, to the IOPP Certificate, unless it  complies with or has been reconstructed to comply with Regulation 13F of that Annex. 2. Bulk carriers, older than 12 years of age, as determined on the basis of the date of  construction indicated in the ship's safety certificates. 3. Passenger ships. 4. Gas and chemical tankers older than 10 years of age, as determined on the basis of the date of  construction indicated in the ship's safety certificates. B. NON-MANDATORY GUIDELINES FOR EXPANDED INSPECTION OF CERTAIN CATEGORIES OF SHIPS (as referred to  in Article 7 (2)) To the extent applicable the following items may be considered as part of an  expanded inspection. Inspectors must be aware that it may jeopardize the safe execution of certain  on-board operations, e.g. cargo operation, if tests having a direct effect thereon, are required to  be carried out during such operations. 1. SHIPS IN GENERAL (categories in section A)- Black-out and start of emergency generator, - Inspection of emergency lighting, - Operation of emergency fire-pump with two firehoses connected to the fire main-line, - Operation of bilge pumps, - Closing of watertight doors, - Lowering of one seaside lifeboat to the water, - Test of remote emergency stop for e.g. boilers, ventilation and fuel pumps, - Testing of steering gear including auxiliary steering gear, - Inspection of emergency source of power to radio installations, - Inspection and, to the extent possible, test of engine-room separator. 2. OIL TANKERSIn addition to the items listed under section 1, the following items may also be  considered as part of the expanded inspection for oil tankers: - Fixed-deck foam system, - Fire-fighting equipment in general, - Inspection of fire dampers to engine room, pump room and accommodation, - Control of pressure of inert gas and oxygen content thereof, - Check of the Survey Report File (see IMO Resolution A.744(18)) to identify possible suspect areas  requiring inspection. 3. BULK CARRIERSIn addition to the items listed under section 1, the following items may also be  considered as part of the expanded inspection for bulk carriers: - Possible corrosion of deck machinery foundations, - Possible deformation and/or corrosion of hatch covers, - Possible cracks or local corrosion in transverse bulkheads, - Access to cargo holds, - Check of the Survey Report File, (see IMO Resolution A.744(18)) to identify possible suspect  areas requiring inspection. 4. GAS AND CHEMICAL TANKERSIn addition to the items listed under section 1, the following items  can also be considered as part of the expanded inspection for gas and chemical tankers: - Cargo tank monitoring and safety devices relating to temperature, pressure and ullage, - Oxygen analysing and explosimeter devices, including their calibration. Availability of chemical  detection equipment (bellows) with an appropriate number of suitable gas detection tubes for the  specific cargo being carried, - Cabin escape sets giving suitable respiratory and eye protection, for every person on board (if  required by the products listed on the International Certificate of Fitness or Certificate of  Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable), - Check that the product being carried is listed in the International Certificate of Fitness or  Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk  as applicable, - The fixed fire-fighting installations on deck whether they be foam or dry chemical or other as  required by the product carried. 5. PASSENGER SHIPSIn addition to the items listed under section 1, the following items may also be  considered as part of the expanded inspection for passenger ships. - Testing of fire detection and alarm system, - Testing of proper closing of fire doors, - Test of public address system, - Fire drill where, as a minimum, all sets of fireman's outfits must be demonstrated and part of  the catering crew take part, - Demonstration that key crew members are acquainted with the damage control plan. If deemed appropriate the inspection may be continued while the ship is on passage to or from the  port in the Member State, with the consent of the shipmaster or the operator. Inspectors must not  obstruct the operation of the ship, nor must they induce situations that, in the master's judgment,  could endanger the safety of the passengers, the crew and the ship.  ANNEX VICRITERIA FOR DETENTION OF A SHIP (as referred to in Article 9 (3))  IntroductionBefore determining whether deficiencies found during an inspection warrant detention  of the ship involved, the inspector must apply the criteria mentioned below in sections 1 and 2. Section 3 includes examples of deficiencies that may for themselves warrant detention of the ship  involved (see Article 9 (3)). 1. Main criteriaWhen exercising his professional judgement as to whether or not a ship should be  detained the inspector must apply the following criteria: Timing: Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of  how much time the ship will stay in port. Criterion: The ship is detained if its deficiencies are sufficiently serious to merit an inspector returning  to satisfy himself that they have been rectified before the ship sails. The need for the inspector to return to the ship is a measure of the seriousness of the  deficiencies. However, it does not impose such an obligation for every case. It implies that the  authority must verify one way or another, preferably by a further visit, that the deficiencies have  been rectified before departure. 2. Application of main criteriaWhen deciding whether the deficiencies found in a ship are  sufficiently serious to merit detention the inspector must assess whether: 1. the ship has relevant, valid documentation; 2. the ship has the crew required in the Minimum Safe Manning Document. During inspection the inspector must further assess whether the ship and/or crew is able to: 3. navigate safely throughout the forthcoming voyage; 4. safely handle, carry and monitor the condition of the cargo throughout the forthcoming voyage; 5. operate the engine room safely throughout the forthcoming voyage; 6. maintain proper propulsion and steering throughout the forthcoming voyage; 7. fight fires effectively in any part of the ship if necessary during the forthcoming voyage; 8. abandon ship speedily and safely and effect rescue if necessary during the forthcoming voyage; 9. prevent pollution of the environment throughout the forthcoming voyage; 10. maintain adequate stability throughout the forthcoming voyage; 11. maintain adequate watertight integrity throughout the forthcoming voyage; 12. communicate in distress situations if necessary during the forthcoming voyage; 13. provide safe and healthy conditions on board throughout the forthcoming voyage. If the answer to any of these assessments is negative, taking into account all deficiencies found,  the ship must be strongly considered for detention. A combination of deficiencies of a less serious  nature may also warrant the detention of the ship. 3. To assist the inspector in the use of these guidelines, there follows a list of deficiencies,  grouped under relevant conventions and/or codes, which are considered of such a serious nature that  they may warrant the detention of the ship involved. This list is not intended to be exhaustive. 3.1. GeneralThe lack of valid certificates as required by the relevant instruments. However, ships  flying the flag of States not party to a Convention (relevant instrument) or not having implemented  another relevant instrument, are not entitled to carry the certificates provided for by the  Convention or other relevant instrument. Therefore, absence of the required certificates should not  by itself constitute reason to detain these ships; however, in applying the 'no more favourable  treatment' clause, substantial compliance with the provisions is required before the ship sails. 3.2. Areas under the Solas Convention (References are given in brackets)1. Failure of the proper  operation of propulsion and other essential machinery, as well as electrical installations. 2. Insufficient cleanliness of engine room, excess amount of oily-water mixtures in bilges,  insulation of piping including exhaust pipes in engine room contaminated by oil, improper operation  of bilge pumping arrangements. 3. Failure of the proper operation of emergency generator, lighting, batteries and switches. 4. Failure of the proper operation of the main and auxiliary steering gear. 5. Absence, insufficient capacity or serious deterioration of personal life-saving appliances,  survival craft and launching arrangements. 6. Absence, non-compliance or substantial deterioration of fire detection system, fire alarms,  firefighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers,  quick-closing devices to the extent that they cannot comply with their intended use. 7. Absence, substantial deterioration or failure of proper operation of the cargo deck area fire  protection on tankers. 8. Absence, non-compliance or serious deterioration of lights, shapes or sound signals. 9. Absence or failure of the proper operation of the radio equipment for distress and safety  communication. 10. Absence or failure of the proper operation of navigation equipment, taking the provisions of  Solas Regulation V/12(o) into account. 11. Absence of corrected navigational charts, and/or all other relevant nautical publications  necessary for the intended voyage, taking into account that electronic charts may be used as a  substitute for the charts. 12. Absence of non-sparking exhaust ventilation for cargo pump rooms (Solas Regulation  II-2/59.3.1). 3.3. Areas under the IBC Code (References are given in brackets)1. Transport of a substance not  mentioned in the Certificate of Fitness or missing cargo information (16.2). 2. Missing or damaged high-pressure safety devices (8.2.3). 3. Electrical installations not intrinsically safe or not corresponding to code requirements  (10.2.3). 4. Sources of ignition in hazardous locations referred to in 10.2 (11.3.15). 5. Contraventions of special requirements (15). 6. Exceeding of maximum allowable cargo quality per tank (16.1). 7. Insufficient heat protection for sensitive products (16.6). 3.4. Areas under the IGC Code (References are given in brackets)1. Transport of a substance not  mentioned in the Certificate of Fitness or missing cargo information (18.1). 2. Missing closing devices for accommodations or service spaces (3.2.6). 3. Bulkhead not gastight (3.3.2). 4. Defective air locks (3.6). 5. Missing or defective quick-closing valves (5.6). 6. Missing or defective safety valves (8.2). 7. Electrical installations not intrinsically safe or not corresponding to code requirements  (10.2.4). 8. Ventilators in cargo area not operable (12.1). 9. Pressure alarms for cargo tanks not operable (13.4.1). 10. Gas detection plant and/or toxic gas detection plant defective (13.6). 11. Transport of substances to be inhibited without valid inhibitor certificate (17/19). 3.5. Areas under the Load Lines Convention1. Significant areas of damage or corrosion, or pitting  of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take  local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been  carried out. 2. A recognized case of insufficient stability. 3. The absence of sufficient and reliable information, in an approved form, which by rapid and  simple means, enables the master to arrange for the loading and ballasting of his ship in such a  way that a safe margin of stability is maintained at all stages and at varying conditions of the  voyage, and that the creation of any unacceptable stresses in the ship's structure are avoided. 4. Absence, substantial deterioration or defective closing devices, hatch closing arrangements and  watertight doors. 5. Overloading. 6. Absence of draft mark or draft mark impossible to read. 3.6. Areas under the Marpol Convention, Annex I (References are given in brackets)1. Absence,  serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil  discharge monitoring and control system or the 15 ppm alarm arrangements. 2. Remaining capacity of slop and/or sludge tank insufficient for the intended voyage. 3. Oil Record Book not available (20 (5)). 4. Unauthorized discharge bypass fitted. 3.7. Areas under the Marpol Convention, Annex II (References are given in brackets)1. Absence of  the P& A Manual. 2. Cargo is not categorized (3 (4)). 3. No cargo record book available (9 (6)). 4. Transport of oil-like substances without satisfying the requirements or without an appropriately  amended certificate (14). 5. Unauthorized discharge bypass fitted. 3.8. Areas under the STCW ConventionNumber, composition or certification of crew not corresponding  with safe manning document. 3.9. Areas under the ILO Conventions1. Insufficient food for voyage to next port. 2. Insufficient potable water for voyage to next port. 3. Excessively unsanitary conditions on board. 4. No heating in accommodation of a ship operating in areas where temperatures may be excessively  low. 5. Excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in  passageways/accommodations. 3.10. Areas which may not warrant a detention, but where e.g. cargo operations have to be  suspended. Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or  machinery are considered sufficient grounds for stopping cargo operation.  ANNEX VIIMINIMUM CRITERIA FOR INSPECTORS (as referred to in Article 11 (1))1. The  inspector must be authorized to carry out port-State control by the competent authority of the  Member State. 2. Either: - The inspector must have completed a minimum of one year's service as a flag-State inspector  dealing with surveys and certification in accordance with the Conventions, - and be in possession of: (a) a certificate of competency as master, enabling that person to take command of a ship of 1 600  GT or more (see STCW, Regulation II/2); or(b) a certificate of competency as chief engineer  enabling him to take up that task on board a ship whose main power plant has a power equal or  superior to 3 000 KW, (see STCW, Regulation III/2); or(c) have passed an examination as a naval  architect, mechanical engineer or an engineer related to the maritime fields and worked in that  capacity for at least five years, - The inspectors mentioned under (a) and (b) must have served for a period of not less than five  years at sea as officer in the deck- or engine-department respectively. Or: The inspector must: - hold a relevant university degree or an equivalent training, and- have been trained and  qualified at a school for ship safety inspectors, and- have served at least two years as a  flag-State inspector dealing with surveys and certification in accordance with the Conventions. 3. Ability to communicate orally and in writing with seafarers in the language most commonly spoken  at sea.4. Appropriate knowledge of the provisions of the international Conventions and of the relevant  procedures on port-State control. 5. Inspectors not fulfilling the above criteria are also accepted if they are employed by the  competent authority of a Member State for port-State control at the date of adoption of this  Directive.