HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
24.2.2011 Official
Journal
of
the
European
Union L
49/33
DIRECTIVES
COMMISSION DIRECTIVE 2011/15/EU
of 23 February 2011
amending Directive 2002/59/EC of the European Parliament and of the Council establishing a
Community vessel traffic monitoring and information system
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) The
measures
provided
for
in
this
Directive
are
in
accordance with the opinion of the Committee on Safe
Seas and the Prevention of Pollution from Ships,
Having regard to the Treaty on the Functioning of the European
Union,
HAS ADOPTED THIS DIRECTIVE:
Having regard to Directive 2002/59/EC of the European
Article 1
Parliament and of the Council of 27 June 2002 establishing a
Amendments
Community vessel traffic monitoring and information system
and repealing Council Directive 93/75/EEC ( 1 ), and in particular
Directive 2002/59/EC is amended as follows:
Article 27 thereof,
1. in Article 12(1), point (b) is replaced by the following:
Whereas:
‘(b) for the substances referred to in Annex I to the Marpol
Convention, the safety data sheet detailing the physico-
(1) Resolution
MSC.150(77)
of
the
International
Maritime
chemical characteristics of the products, including,
Organisation (IMO) has been revoked and replaced by
where applicable, their viscosity expressed in cSt at
IMO Resolution MSC.286(86) with effect from 1 July
50 °C and their density at 15 °C and the other data
2009. Therefore Article 12 of Directive 2002/59/EC
contained in the safety data sheet in accordance with
referring to the revoked IMO Resolution should also be
IMO Resolution MSC.286(86).’;
updated accordingly.
2. Annex II is replaced by Annex I to this Directive;
(2) The
carriage
requirements
concerning
the
automatic
identification Systems (AIS) and voyage data recorders
3. Annex IV is replaced by Annex II to this Directive.
(VDR) should be updated in line with the modifications
to the International Convention for the Safety of Life at
Sea (SOLAS) and should take account of the devel
opment of simplified VDRs, as approved by the IMO.
Article 2
The scope of exemptions of carriage requirements for
small passenger vessels on short distances should also
Transposition
be made more precise and adapted to such voyages.
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with this
Directive by 12 months from its entry into force at the latest,
without prejudice to the transposition date provided for by
(3) Following
an
incident
at
sea,
the
powers
of
intervention Article 2(1) of Directive 2009/17/EC of the European
of Member States should be made more explicit. In
Parliament and of the Council ( 2 ) as far as fishing vessels are
particular, it should be clearly stated that they may give
concerned. They shall forthwith communicate to the
instructions to the assistance, salvage or towage
Commission the text of those provisions. When Member
companies in order to prevent a serious and imminent
States adopt those provisions, they shall contain a reference
threat to its coastline or related interests, to the safety of
to this Directive or be accompanied by such a reference on
other ships and their crews and passengers or of persons
the occasion of their official publication. Member States shall
on shore or to protect the marine environment.
determine how such reference is to be made.
( 1 ) OJ L 208, 5.8.2002, p. 10.
( 2 ) OJ L 131, 28.5.2009, p. 101.

---

L 49/34
EN
Official Journal of the European Union
24.2.2011
2. Member
States
shall
communicate
to
the
Commission
the
Article 4
text of the main provisions of national law which they adopt in
the field covered by this Directive.
This Directive is addressed to the Member States.
Done at Brussels, 23 February 2011.
Article 3
For the Commission
This Directive shall enter into force on the 20th day following
The President
its publication in the Official Journal of the European Union.
José Manuel BARROSO

---

EN
24.2.2011 Official
Journal
of
the
European
Union L
49/35
ANNEX I
‘ANNEX II
Requirements applicable to on-board equipment
I. FISHING
VESSELS
Fishing vessels with a length of more than 15 metres overall shall be fitted with an automatic identification system
(AIS) as provided for in Article 6a according to the following timetable:
— fishing vessels of overall length 24 metres and upwards but less than 45 metres: not later than 31 May 2012,
— fishing vessels of overall length 18 metres and upwards but less than 24 metres: not later than 31 May 2013,
— fishing vessels of overall length exceeding 15 metres but less than 18 metres: not later than 31 May 2014,
— new-built fishing vessels of overall length exceeding 15 metres are subject to the carrying requirement laid down
in Article 6a as from 30 November 2010.
II. SHIPS ENGAGED ON INTERNATIONAL VOYAGES
Passenger ships, irrespective of size, and all ships, other than passenger ships, of 300 gross tonnage and upwards
engaged on international voyages, which call at a port of a Member State shall be fitted with an automatic
identification system (AIS) in accordance with the technical and performance standards laid down in Chapter V of
SOLAS. Passenger ships, irrespective of size, and all ships other than passenger ships, of 3 000 gross tonnage and
upwards engaged on international voyages, which call at a port of a Member State shall be fitted with a voyage data
recorder (VDR) in accordance with the technical and performance standards laid down in Chapter V of SOLAS. In
case of cargo ships constructed before 1 July 2002 the VDR may be a simplified voyage data recorder (S-VDR), which
shall comply with the technical and performance standards developed in accordance with Chapter V of SOLAS.
III. SHIPS ENGAGED ON NON-INTERNATIONAL VOYAGES
1. Automatic identification systems (AIS)
Passenger ships, irrespective of size, and all other ships of 300 gross tonnage and upwards engaged on a non-
international voyage shall be fitted with an automatic identification system (AIS) which complies with the technical
and performance standards laid down in Chapter V of SOLAS.
2. Voyage data recorder (VDR) systems
(a) Passenger ships, irrespective of size, and ships other than passenger ships, of 3 000 gross tonnage and upwards
and constructed on or after 1 July 2002 engaged on a non-international voyage shall be fitted with a voyage data
recorder (VDR) which complies with the technical and performance standards developed in accordance with
Chapter V of SOLAS.
(b) Cargo ships of 3 000 gross tonnage and upwards constructed before 1 July 2002 engaged on a non-international
voyage shall be fitted with a voyage data recorder (VDR) or with a simplified voyage data recorder (S-VDR) which
complies with the technical and performance standards developed in accordance with Chapter V of SOLAS.
IV. EXEMPTIONS
1. Exemptions from the requirement to carry AIS on board
(a) Member States may exempt passenger ships below 15 metres in length or 300 gross tonnage engaged on non-
international voyages from the application of the requirements concerning AIS laid down in this Annex.
(b) Member States may exempt ships, other than passenger ships, of 300 gross tonnage and upwards but less than
500 gross tonnage sailing exclusively within the internal waters of a Member State and outside routes normally
used by other ships fitted with AIS, from the carriage requirements for AIS laid down in this Annex.

---

L 49/36
EN
Official Journal of the European Union
24.2.2011
2. Exemptions from the requirement to carry a VDR or S-VDR on board
Member States may grant exemptions from the requirement to be fitted with a VDR or an S-VDR as follows:
(a) Passenger ships only on voyages in sea areas other than those covered by Class A, as referred to in Article 4 of
Directive 2009/45/EC of the European Parliament and of the Council ( 1 ), may be exempted from the requirement
to be fitted with a VDR.
(b) Ships, other than ro-ro passenger ships, constructed before 1 July 2002 may be exempted from the requirement
to be fitted with a VDR where it can be demonstrated that interfacing a VDR with the existing equipment on the
ship is unreasonable and impracticable.
(c) Cargo ships constructed before 1 July 2002, engaged on international or non-international voyages, may be
exempted from the requirement to be fitted with an S-VDR if such ships are to be taken permanently out of
service within two years of the implementation date specified in Chapter V of SOLAS.
___________
( 1 ) OJ L 163, 25.6.2009, p. 1.’
ANNEX II
‘ANNEX IV
Measures available to Member States in the event of a threat to maritime safety and the protection of the
environment
(pursuant to Article 19(1))
Where, following an incident or circumstance of the type described in Article 17 affecting a ship, the competent authority
of the Member State concerned deems, within the framework of international law, that it is necessary to avert, lessen or
remove a serious and imminent threat to its coastline or related interests, the safety of other ships and their crews and
passengers or of persons on shore or to protect the marine environment, that authority may, in particular:
(a) restrict the movement of the ship or direct it to follow a specific course. This requirement does not affect the master’s
responsibility for the safe handling of his ship;
(b) give official notice to the master of the ship to put an end to the threat to the environment or maritime safety;
(c) send an evaluation team aboard the ship to assess the degree of risk, help the master to remedy the situation and keep
the competent coastal station informed thereof;
(d) instruct the master to put in at a place of refuge in the event of imminent peril, or cause the ship to be piloted or
towed.
In the case of a ship which is towed under a towage or salvage agreement, the measures taken by the competent authority
of a Member State under points (a) and (d) may be also addressed to the assistance, salvage and towage companies
involved.’

---