Directive 2001/96/EC of the European Parliament and of the CouncilShow full title

Article 3 U.K. Definitions

For the purposes of this Directive:

1.

‘international conventions’ shall mean the conventions in force on 4 December 2001, as defined in Article 2(1) of Council Directive 95/21/EC(1);

2.

‘1974 SOLAS Convention’ shall mean the International Convention for the Safety of Life at Sea, together with the Protocols and amendments thereto, [F1 in its up-to-date version];

3.

‘BLU Code’ shall mean the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, as contained in the Annex to IMO Assembly Resolution A.862(20) of 27 November 1997, as it stands on 4 December 2001;

4.

‘bulk carrier’ shall bear the meaning given to it in Regulation IX/1.6 of the 1974 SOLAS Convention and interpreted by Resolution 6 of the 1997 SOLAS Conference, namely:

• a ship constructed with single deck, top-side tanks and hopper-side tanks in cargo paces and intended primarily to carry dry cargo in bulk, or

• an ore carrier, meaning a sea-going single deck ship having two longitudinal bulkheads and a double bottom throughout the cargo region and intended for the carriage of ore cargoes in the centre holds only, or

• a combination carrier as defined in Regulation II-2/3.27 of the 1974 SOLAS Convention;

5.

‘dry cargo in bulk’ or ‘solid bulk cargo’ shall mean solid bulk cargo as defined in Regulation XII/1.4 of the 1974 SOLAS Convention, excluding grain;

6.

‘grain’ shall bear the meaning given to it in Regulation VI/8.2 of the 1974 SOLAS Convention;

7.

‘terminal’ shall mean any fixed, floating or mobile facility equipped and used for the loading or unloading of dry cargo in bulk into or from bulk carriers;

8.

‘terminal operator’ shall mean the owner of a terminal, or any organisation or person to whom the owner has transferred the responsibility for loading or unloading operations conducted at the terminal for a particular bulk carrier;

9.

‘terminal representative’ shall mean any person appointed by the terminal operator, who has the overall responsibility for, and authority to, control the preparation, the conduct and the completion of loading or unloading operations conducted by the terminal for a particular bulk carrier;

10.

‘master’ shall mean the person who has command over a bulk carrier or a ship's officer designated by the master for the loading or unloading operations;

11.

‘recognised organisation’ shall mean an organisation recognised in accordance with Article 4 of Council Directive 94/57/EC(2);

12.

‘administration of the flag State’ shall mean the competent authorities of the State whose flag the bulk carrier is entitled to fly;

13.

‘port State control authority’ shall mean the competent authority of a Member State empowered to apply the control provisions of Directive 95/21/EC;

14.

‘competent authority’ shall mean a national, regional or local public authority in the Member State empowered by national legislation to implement and enforce the requirements of this Directive;

15.

‘cargo information’ shall mean the cargo information required by Regulation VI/2 of the 1974 SOLAS Convention;

16.

‘loading or unloading plan’ shall mean a plan as referred to in Regulation VI/7.3 of the 1974 SOLAS Convention and having the format as contained in Appendix 2 of the BLU Code;

17.

‘ship/shore safety checklist’ shall mean the checklist as referred to in section 4 of the BLU Code and having the format as contained in Appendix 3 of the BLU Code;

18.

‘solid bulk cargo density declaration’ shall mean the information on the density of the cargo to be provided in compliance with Regulation XII/10 of the 1974 SOLAS Convention.

Textual Amendments

F1 Substituted by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships (Text with EEA relevance).

(1)

Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (OJ L 157, 7.7.1995, p. 1). Directive as last amended by Commission Directive 1999/97/EC (OJ L 331, 23.12.1999, p. 67).

(2)

Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 319, 12.12.1994, p. 20). Directive as amended by Commission Directive 97/58/EC (OJ L 274, 7.10.1997, p. 8).