Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships
Data as of 2026-07-04 Β· Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Β· Read the official text β
Objective The purpose of this Regulation is to reduce or eliminate adverse effects on the marine environment and human health caused by organotin compounds, which act as active biocides in anti-fouling systems used on ships flying the flag of, or operating under the authority of, a Member State, and on ships, regardless of the flag they fly, sailing to or from ports of the Member States.
Definitions For the purpose of this Regulation: 1. "anti-fouling system" means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms; 2. "gross tonnage" means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention; 3. "length" means the length as defined in the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or any successor Convention; 4. "ship" means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units (FSUs) and floating production storage and off-loading units (FPSOs); 5. "AFS-Convention" means the International Convention on the control of harmful anti-fouling systems on ships, adopted on 5 October 2001, irrespective of its entry into force; 6. "recognised organisation" means a body recognised in accordance with the provisions of Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations(8); 7. "AFS-Certificate" means the certificate issued to ships in conformity with the provisions of Annex 4 to the AFS-Convention or, during the interim period, a certificate issued in accordance with the format laid down in Annex II to this Regulation, when it is issued by the administration of any Member State or by a recognised organisation acting on its behalf; 8. "AFS-Declaration" means a declaration drawn up under the provisions of Annex 4 to the AFS-Convention or, during the interim period, a declaration signed by the owner or the owner's authorised agent and drawn up in accordance with the format laid down in Annex III to this Regulation; 9. "AFS-Statement of Compliance" means a document recording compliance with Annex 1 to the AFS-Convention, issued by a recognised organisation on behalf of the administration of a Member State; 10. "interim period" means the period beginning on 1 July 2003 and ending on the date of entry into force of the AFS-Convention.
Scope 1. This Regulation shall apply to: (a) ships flying the flag of a Member State, (b) ships not flying the flag of a Member State but operating under the authority of a Member State, and (c) ships that enter a port or offshore terminal of a Member State but do not fall within points (a) or (b). 2. This Regulation shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.
Prohibition of the application of organotin compounds which act as biocides As from 1 July 2003, organotin compounds which act as biocides in anti-fouling systems shall not be applied or re-applied on ships. However, during the interim period this provision shall only apply to ships referred to in points (a) or (b) of Article 3(1).
Prohibition of the bearing of organotin compounds which act as biocides 1. Ships entitled to fly the flag of a Member State as from 1 July 2003, and whose anti-fouling system has been applied, changed or replaced after that date, shall not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, unless they bear a coating that forms a barrier to such compounds to prevent them leaching from the underlying non-compliant anti-fouling system. 2. As from 1 January 2008 the ships referred to in Article 3(1) shall either not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, or bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling system. 3. Paragraphs 1 and 2 shall not apply to fixed and floating platforms, FSUs and FPSOs constructed prior to 1 July 2003 that have not been in dry-dock on or after that date.
Survey and certification 1. The following shall apply as regards the survey and certification of ships flying the flag of a Member State: (a) Ships of 400 gross tonnage and above, excluding fixed or floating platforms, FSUs and FPSOs, shall be surveyed and certified as from 1 July 2003 in accordance with the requirements laid down in Annex I, before the ship is put into service for the first time, or when the anti-fouling systems are changed or replaced. (b) Ships of 24 metres or more in length, but less than 400 gross tonnage, excluding fixed or floating platforms, FSUs and FPSOs, shall carry an AFS-Declaration to demonstrate compliance with Articles 4 and 5. If necessary, the Commission, in accordance with the procedure referred to in Article 9(2), may establish a harmonised survey and certification regime for these ships. (c) Member States may establish appropriate measures for ships not covered by points (a) and (b) in order to ensure compliance with this Regulation. 2. The following shall apply as regards the recognition of certificates, declarations and statements of compliance: (a) as from 1 July 2003, Member States shall recognise any AFS-Certificate; (b) until a year after the date referred to in point (a), Member States shall recognise any AFS-Statement of Compliance; (c) as from 1 July 2003, Member States shall recognise any AFS-Declaration. These declarations shall be accompanied by appropriate documentation (such as a paint receipt or a contractor invoice) or contain an appropriate endorsement. 3. If the AFS-Convention has not entered into force by 1 January 2007, the Commission, in accordance with the procedure referred to in Article 9(2), shall adopt appropriate measures in order to allow ships flying the flag of a third State to demonstrate their compliance with Article 5.
Port State control During the interim period Member States shall apply control provisions equivalent to those laid down in Directive 95/21/EC to ships of 400 gross tonnage and above flying the flag of a Member State. With regard to the inspections and detection of breaches, Member States shall be guided by the provisions of Article 11 of the AFS-Convention. If the AFS-Convention has not entered into force by 1 January 2007, the Commission, in accordance with the procedure referred to in Article 9(2), shall establish appropriate procedures for these controls.
Adaptations In order to take account of developments at international level and in particular in the International Maritime Organisation (IMO), or to improve the effectiveness of this Regulation in the light of experience, the references to the AFS-Convention, to the AFS-Certificate, to the AFS-Declaration and to the AFS-Statement of Compliance and/or the Annexes to this Regulation, including relevant IMO guidelines in relation to Article 11 of the AFS-Convention, may be amended in accordance with the procedure referred to in Article 9(2).
Committee 1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships established by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 concerning the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the regulations on maritime safety and the prevention of pollution from ships(9), hereinafter referred to as "the COSS". 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The COSS shall adopt its rules of procedure.
Evaluation By 10 May 2004, the Commission shall report to the European Parliament and the Council on the state of ratification of the AFS-Convention and provide information on the extent to which organotin compounds, which act as biocides in anti-fouling systems on ships, are still used on ships not flying the flag of a Member State operating to or from Community ports. In the light of this report the Commission may propose, if necessary, amendments to ensure accelerated reduction of the contribution by ships not flying the flag of a Member State to the presence of harmful anti-fouling compounds in the waters under the jurisdiction of Member States.
Entry into force This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 14 April 2003. For the European Parliament The President P. Cox For the Council The President A. Giannitsis (1) OJ C 262 E, 29.10.2002, p. 492. (2) Opinion delivered on 11 December 2002 (not yet published in the Official Journal). (3) Opinion of the European Parliament of 20 November 2002 (not yet published in the Official Journal) and Decision of the Council of 17 March 2003. (4) OJ L 183, 12.7.2002, p. 58. (5) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2003/3/EC (OJ L 4, 9.1.2003, p. 12). (6) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53). (7) OJ L 184, 17.7.1999, p. 23. (8) OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council. (9) OJ L 324, 29.11.2002, p. 1.
Surveys and certification requirements for anti-fouling systems on ships flying the flag of a Member State 1. Surveys 1.1. Ships of 400 gross tonnage and above, excluding fixed or floating platforms, FSUs, and FPSOs, shall, as from 1 July 2003, be subject to the following: (a) an initial survey before the ship is put into service or when the ship is for the first time in a dry-dock for the application of anti-fouling systems; and (b) a survey when the anti-fouling systems are changed or replaced. Such surveys shall be endorsed on the certificate required under point 2.1. 1.2. The survey shall be such as to ensure that the ship's anti-fouling system fully complies with Articles 4 and 5 of this Regulation. 1.3. Surveys shall be carried out by officers duly authorised by the administration of the Member State, or of another Member State, or of a party to the AFS-Convention, or by a surveyor nominated for the purpose by one of those administrations, or by a recognised organisation acting on behalf of the administration. 1.4. Unless provided otherwise in this Regulation, Member States shall for the surveys referred to in point 1.1 follow the requirements laid down in Annex 4 to the AFS-Convention, as well as the guidelines for surveys and certification of anti-fouling systems on ships annexed to Resolution MEPC 101(48), adopted on 11 October 2002 by the Marine Environment Protection Committee of the IMO. 2. Certification 2.1. After completion of a survey referred to in point 1.1(a) or (b), a Member State which is not yet a Party to the AFS-Convention shall issue a certificate in accordance with the format laid down in Annex II. A Member State which is a Party to the AFS-Convention shall issue an AFS-Certificate. 2.2. A Member State may rely upon an AFS-Statement of Compliance for the demonstration of compliance with the requirements of Articles 4 and 5 of this Regulation. A certificate referred to in point 2.1 shall replace this AFS-Statement at the latest a year after the date referred to in point 1.1. 2.3. Member States shall require that a ship referred to in point 1.1 carries a certificate issued in accordance with point 2.1. 2.4. Member States shall, for the purposes of the certification referred to in point 2.1, follow the requirements laid down in Annex 4 to the AFS-Convention. ANNEX II >PIC FILE= "L_2003115EN.000702.TIF"> >PIC FILE= "L_2003115EN.000801.TIF"> >PIC FILE= "L_2003115EN.000901.TIF"> >PIC FILE= "L_2003115EN.001001.TIF"> ANNEX III >PIC FILE= "L_2003115EN.001102.TIF">
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