Lloyd's Maritime and Commercial Law Quarterly
European Union Maritime Law
Simon Baughen *
LEGISLATION
214. 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 [2011] OJ L49.
The Directive amends Directive 2002/59/EC, Art.12 by deleting the reference to the revoked Resolution MSC.150(77) of the International Maritime Organisation (“IMO”) and replacing it with a reference to IMO Resolution MSC.286(86) with effect from 1 July 2009. The Directive also updates the carriage requirements concerning the automatic identification Systems (“AIS”) and voyage data recorders (“VDR”) in line with the modifications to the International Convention for the Safety of Life at Sea (“SOLAS”) and takes account of the development of simplified VDRs, as approved by the IMO. The scope of exemptions of carriage requirements for small passenger vessels on short distances has been made more precise and adapted to such voyages. The powers of intervention of Member States following an incident at sea have been made more explicit. In particular, in Annex IV it is clearly stated that they may give instructions to the assistance, salvage or towage companies in order to prevent a serious and imminent threat to its coastline or related interests, to the safety of other ships and their crews and passengers or of persons on shore or to protect the marine environment. The Directive entered into force on 16 March 2011, with a deadline for transposition of 16 March 2012.
215. “Erika III” Directives.
The transposition deadlines for the Directives reported in the [2010] IMCLY §§177–182 are as follows.
Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations: 17 June 2011.
Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control: 1 January 2011.
Directive 2009/17/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system: 30 November 2010.
INTERNATIONAL MARITIME AND COMMERCIAL LAW YEARBOOK
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