EUR-Lex - 32002L0049 - EN Avis juridique important | 32002L0049 Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise - Declaration by the Commission in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise Official Journal L 189 , 18/07/2002 P. 0012 - 0026 Directive 2002/49/EC of the European Parliament and of the Councilof 25 June 2002relating to the assessment and management of environmental noiseTHE 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), and in the light of the joint text approved by the Conciliation Committee on 8 April 2002,Whereas:(1) It is part of Community policy to achieve a high level of health and environmental protection, and one of the objectives to be pursued is protection against noise. In the Green Paper on Future Noise Policy, the Commission addressed noise in the environment as one of the main environmental problems in Europe.(2) In its Resolution of 10 June 1997(5) on the Commission Green Paper, the European Parliament expressed its support for that Green Paper, urged that specific measures and initiatives should be laid down in a Directive on the reduction of environmental noise, and noted the lack of reliable, comparable data regarding the situation of the various noise sources.(3) A common noise indicator and a common methodology for noise calculation and measurement around airports were identified in the Commission Communication of 1 December 1999 on Air Transport and the Environment. This communication has been taken into account in the provisions of this Directive.(4) Certain categories of noise emissions from products are already covered by Community legislation, such as Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles(6), Council Directive 77/311/EEC of 29 March 1977 on the approximation of the laws of the Member States relating to the driver-perceived noise level of wheeled agricultural or forestry tractors(7), Council Directive 80/51/EEC of 20 December 1979 on the limitation of noise emissions from subsonic aircraft(8) and its complementary directives, Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles(9) and Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors(10).(5) This Directive should inter alia provide a basis for developing and completing the existing set of Community measures concerning noise emitted by the major sources, in particular road and rail vehicles and infrastructure, aircraft, outdoor and industrial equipment and mobile machinery, and for developing additional measures, in the short, medium and long term.(6) Certain categories of noise such as noise created inside means of transport and noise from domestic activities should not be subject to this Directive.(7) In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty, the Treaty objectives of achieving a high level of protection of the environment and of health will be better reached by complementing the action of the Member States by a Community action achieving a common understanding of the noise problem. Data about environmental noise levels should therefore be collected, collated or reported in accordance with comparable criteria. This implies the use of harmonised indicators and evaluation methods, as well as criteria for the alignment of noise-mapping. Such criteria and methods can best be established by the Community.(8) It is also necessary to establish common assessment methods for "environmental noise" and a definition for "limit values", in terms of harmonised indicators for the determination of noise levels. The concrete figures of any limit values are to be determined by the Member States, taking into account, inter alia, the need to apply the principle of prevention in order to preserve quiet areas in agglomerations.(9) The selected common noise indicators are Lden, to assess annoyance, and Lnight, to assess sleep disturbance. It is also useful to allow Member States to use supplementary indicators in order to monitor or control special noise situations.(10) Strategic noise mapping should be imposed in certain areas of interest as it can capture the data needed to provide a representation of the noise levels perceived within that area.(11) Action plans should address priorities in those areas of interest and should be drawn up by the competent authorities in consultation with the public.(12) In order to have a wide spread of information to the public, the most appropriate information channels should be selected.(13) Data collection and the consolidation of suitable Community-wide reports are required as a basis for future Community policy and for further information of the public.(14) An evaluation of the implementation of this Directive should be carried out regularly by the Commission.(15) The technical provisions governing the assessment methods should be supplemented and adapted as necessary to technical and scientific progress and to progress in European standardisation.(16) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(11),HAVE ADOPTED THIS DIRECTIVE:Article 1Objectives1. The aim of this Directive shall be to define a common approach intended to avoid, prevent or reduce on a prioritised basis the harmful effects, including annoyance, due to exposure to environmental noise. To that end the following actions shall be implemented progressively:(a) the determination of exposure to environmental noise, through noise mapping, by methods of assessment common to the Member States;(b) ensuring that information on environmental noise and its effects is made available to the public;(c) adoption of action plans by the Member States, based upon noise-mapping results, with a view to preventing and reducing environmental noise where necessary and particularly where exposure levels can induce harmful effects on human health and to preserving environmental noise quality where it is good.2. This Directive shall also aim at providing a basis for developing Community measures to reduce noise emitted by the major sources, in particular road and rail vehicles and infrastructure, aircraft, outdoor and industrial equipment and mobile machinery. To this end, the Commission shall submit to the European Parliament and the Council, no later than 18 July 2006, appropriate legislative proposals. Those proposals should take into account the results of the report referred to in Article 10(1).Article 2Scope1. This Directive shall apply to environmental noise to which humans are exposed in particular in built-up areas, in public parks or other quiet areas in an agglomeration, in quiet areas in open country, near schools, hospitals and other noise-sensitive buildings and areas.2. This Directive shall not apply to noise that is caused by the exposed person himself, noise from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas.Article 3DefinitionsFor the purposes of this Directive:(a) "environmental noise" shall mean unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity such as those defined in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(12);(b) "harmful effects" shall mean negative effects on human health;(c) "annoyance" shall mean the degree of community noise annoyance as determined by means of field surveys;(d) "noise indicator" shall mean a physical scale for the description of environmental noise, which has a relationship with a harmful effect;(e) "assessment" shall mean any method used to calculate, predict, estimate or measure the value of a noise indicator or the related harmful effects;(f) "Lden" (day-evening-night noise indicator) shall mean the noise indicator for overall annoyance, as further defined in Annex I;(g) "Lday" (day-noise indicator) shall mean the noise indicator for annoyance during the day period, as further defined in Annex I;(h) "Levening" (evening-noise indicator) shall mean the noise indicator for annoyance during the evening period, as further defined in Annex I;(i) "Lnight" (night-time noise indicator) shall mean the noise indicator for sleep disturbance, as further defined in Annex I;(j) "dose-effect relation" shall mean the relationship between the value of a noise indicator and a harmful effect;(k) "agglomeration" shall mean part of a territory, delimited by the Member State, having a population in excess of 100000 persons and a population density such that the Member State considers it to be an urbanised area;(l) "quiet area in an agglomeration" shall mean an area, delimited by the competent authority, for instance which is not exposed to a value of Lden or of another appropriate noise indicator greater than a certain value set by the Member State, from any noise source;(m) "quiet area in open country" shall mean an area, delimited by the competent authority, that is undisturbed by noise from traffic, industry or recreational activities;(n) "major road" shall mean a regional, national or international road, designated by the Member State, which has more than three million vehicle passages a year;(o) "major railway" shall mean a railway, designated by the Member State, which has more than 30000 train passages per year;(p) "major airport" shall mean a civil airport, designated by the Member State, which has more than 50000 movements per year (a movement being a take-off or a landing), excluding those purely for training purposes on light aircraft;(q) "noise mapping" shall mean the presentation of data on an existing or predicted noise situation in terms of a noise indicator, indicating breaches of any relevant limit value in force, the number of people affected in a certain area, or the number of dwellings exposed to certain values of a noise indicator in a certain area;(r) "strategic noise map" shall mean a map designed for the global assessment of noise exposure in a given area due to different noise sources or for overall predictions for such an area;(s) "limit value" shall mean a value of Lden or Lnight, and where appropriate Lday and Levening, as determined by the Member State, the exceeding of which causes competent authorities to consider or enforce mitigation measures; limit values may be different for different types of noise (road-, rail-, air-traffic noise, industrial noise, etc.), different surroundings and different noise sensitiveness of the populations; they may also be different for existing situations and for new situations (where there is a change in the situation regarding the noise source or the use of the surrounding);(t) "action plans" shall mean plans designed to manage noise issues and effects, including noise reduction if necessary;(u) "acoustical planning" shall mean controlling future noise by planned measures, such as land-use planning, systems engineering for traffic, traffic planning, abatement by sound-insulation measures and noise control of sources;(v) "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 4Implementation and responsibilities1. Member States shall designate at the appropriate levels the competent authorities and bodies responsible for implementing this Directive, including the authorities responsible for:(a) making and, where relevant, approving noise maps and action plans for agglomerations, major roads, major railways and major airports;(b) collecting noise maps and action plans.2. The Member States shall make the information referred to in paragraph 1 available to the Commission and to the public no later than 18 July 2005.Article 5Noise indicators and their application1. Member States shall apply the noise indicators Lden and Lnight as referred to in Annex I for the preparation and revision of strategic noise mapping in accordance with Article 7.Until the use of common assessment methods for the determination of Lden and Lnight is made obligatory, existing national noise indicators and related data may be used by Member States for this purpose and should be converted into the indicators mentioned above. These data must not be more than three years old.2. Member States may use supplementary noise indicators for special cases such as those listed in Annex I(3).3. For acoustical planning and noise zoning, Member States may use other noise indicators than Lden and Lnight.4. No later than 18 July 2005, Member States shall communicate information to the Commission on any relevant limit values in force within their territories or under preparation, expressed in terms of Lden and Lnight and where appropriate, Lday and Levening, for road-traffic noise, rail-traffic noise, aircraft noise around airports and noise on industrial activity sites, together with explanations about the implementation of the limit values.Article 6Assessment methods1. The values of Lden and Lnight shall be determined by means of the assessment methods defined in Annex II.2. Common assessment methods for the determination of Lden and Lnight shall be established by the Commission in accordance with the procedure laid down in Article 13(2) through a revision of Annex II. Until these methods are adopted, Member States may use assessment methods adapted in accordance with Annex II and based upon the methods laid down in their own legislation. In such case, they must demonstrate that those methods give equivalent results to the results obtained with the methods set out in paragraph 2.2 of Annex II.3. Harmful effects may be assessed by means of the dose-effect relations referred to in Annex III.Article 7Strategic noise mapping1. Member States shall ensure that no later than 30 June 2007 strategic noise maps showing the situation in the preceding calendar year have been made and, where relevant, approved by the competent authorities, for all agglomerations with more than 250000 inhabitants and for all major roads which have more than six million vehicle passages a year, major railways which have more than 60000 train passages per year and major airports within their territories.No later than 30 June 2005, and thereafter every five years, Member States shall inform the Commission of the major roads which have more than six million vehicle passages a year, major railways which have more than 60000 train passages per year, major airports and the agglomerations with more than 250000 inhabitants within their territories.2. Member States shall adopt the measures necessary to ensure that no later than 30 June 2012, and thereafter every five years, strategic noise maps showing the situation in the preceding calendar year have been made and, where relevant, approved by the competent authorities for all agglomerations and for all major roads and major railways within their territories.No later than 31 December 2008, Member States shall inform the Commission of all the agglomerations and of all the major roads and major railways within their territories.3. The strategic noise maps shall satisfy the minimum requirements laid down in Annex IV.4. Neighbouring Member States shall cooperate on strategic noise mapping near borders.5. The strategic noise maps shall be reviewed, and revised if necessary, at least every five years after the date of their preparation.Article 8Action plans1. Member States shall ensure that no later than 18 July 2008 the competent authorities have drawn up action plans designed to manage, within their territories, noise issues and effects, including noise reduction if necessary for:(a) places near the major roads which have more than six million vehicle passages a year, major railways which have more than 60000 train passages per year and major airports;(b) agglomerations with more than 250000 inhabitants. Such plans shall also aim to protect quiet areas against an increase in noise.The measures within the plans are at the discretion of the competent authorities, but should notably address priorities which may be identified by the exceeding of any relevant limit value or by other criteria chosen by the Member States and apply in particular to the most important areas as established by strategic noise mapping.2. Member States shall ensure that, no later than 18 July 2013, the competent authorities have drawn up action plans notably to address priorities which may be identified by the exceeding of any relevant limit value or by other criteria chosen by the Member States for the agglomerations and for the major roads as well as the major railways within their territories.3. Member States shall inform the Commission of the other relevant criteria referred to in paragraphs 1 and 2.4. The action plans shall meet the minimum requirements of Annex V.5. The action plans shall be reviewed, and revised if necessary, when a major development occurs affecting the existing noise situation, and at least every five years after the date of their approval.6. Neighbouring Member States shall cooperate on the action plans for border regions.7. Member States shall ensure that the public is consulted about proposals for action plans, given early and effective opportunities to participate in the preparation and review of the action plans, that the results of that participation are taken into account and that the public is informed on the decisions taken. Reasonable time-frames shall be provided allowing sufficient time for each stage of public participation.If the obligation to carry out a public participation procedure arises simultaneously from this Directive and any other Community legislation, Member States may provide for joint procedures in order to avoid duplication.Article 9Information to the public1. Member States shall ensure that the strategic noise maps they have made, and where appropriate adopted, and the action plans they have drawn up are made available and disseminated to the public in accordance with relevant Community legislation, in particular Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(13), and in conformity with Annexes IV and V to this Directive, including by means of available information technologies.2. This information shall be clear, comprehensible and accessible. A summary setting out the most important points shall be provided.Article 10Collection and publication of data by Member States and the Commission1. No later than 18 January 2004, the Commission will submit a report to the European Parliament and the Council containing a review of existing Community measures relating to sources of environmental noise.2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively.3. The Commission shall set up a database of information on strategic noise maps in order to facilitate the compilation of the report referred to in Article 11 and other technical and informative work.4. Every five years the Commission shall publish a summary report of data from strategic noise maps and action plans. The first report shall be submitted by 18 July 2009.Article 11Review and reporting1. No later than 18 July 2009, the Commission shall submit to the European Parliament and the Council a report on the implementation of this Directive.2. That report shall in particular assess the need for further Community actions on environmental noise and, if appropriate, propose implementing strategies on aspects such as:(a) long-term and medium-term goals for the reduction of the number of persons harmfully affected by environmental noise, taking particularly into account the different climates and different cultures;(b) additional measures for a reduction of the environmental noise emitted by specific sources, in particular outdoor equipment, means and infrastructures of transport and certain categories of industrial activity, building on those measures already implemented or under discussion for adoption;(c) the protection of quiet areas in open country.3. The report shall include a review of the acoustic environment quality in the Community based on the data referred to in Article 10 and shall take account of scientific and technical progress and any other relevant information. The reduction of harmful effects and the cost-effectiveness ratio shall be the main criteria for the selection of the strategies and measures proposed.4. When the Commission has received the first set of strategic noise maps, it shall reconsider:- the possibility for a 1,5 metre measurement height in Annex I, paragraph 1, in respect of areas having houses of one storey,- the lower limit for the estimated number of people exposed to different bands of Lden and Lnight in Annex VI.5. The report shall be reviewed every five years or more often if appropriate. It shall contain an assessment of the implementation of this Directive.6. The report shall, if appropriate, be accompanied by proposals for the amendment of this Directive.Article 12AdaptationThe Commission shall adapt Annex I, point 3, Annex II and Annex III hereto to technical and scientific progress in accordance with the procedure provided for in Article 13(2).Article 13Committee1. The Commission shall be assisted by the committee set up by Article 18 of Directive 2000/14/EC.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 Committee shall adopt its rules of procedure.Article 14Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 18 July 2004. They shall inform the Commission thereof.When the Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. The Member States shall communicate to the Commission the texts of the provisions of national law that they adopt in the field governed by this Directive.Article 15Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 16AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 25 June 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Matas I Palou(1) OJ C 337 E, 28.11.2000, p. 251.(2) OJ C 116, 20.4.2001, p. 48.(3) OJ C 148, 18.5.2001, p. 7.(4) Opinion of the European Parliament of 14 December 2000 (OJ C 232, 17.8.2001, p. 305), Council Common Position of 7 June 2001 (OJ C 297, 23.10.2001, p. 49) and Decision of the European Parliament of 3 October 2001 (OJ C 87 E, 11.4.2002, p. 118). Decision of the European Parliament of 15 May 2002 and Decision of the Council of 21 May 2002.(5) OJ C 200, 30.6.1997, p. 28.(6) OJ L 42, 23.2.1970, p. 16. Directive as last amended by Commission Directive 1999/101/EC (OJ L 334, 28.12.1999, p. 41).(7) OJ L 105, 28.4.1977, p. 1. Directive as last amended by Directive 97/54/EC (OJ L 277, 10.10.1997, p. 24).(8) OJ L 18, 24.1.1980, p. 26. Directive as last amended by Directive 83/206/EEC (OJ L 117, 4.5.1983, p. 15).(9) OJ L 225, 10.8.1992, p. 72. Directive as last amended by Directive 2000/7/EC (OJ L 106, 3.5.2000, p. 1).(10) OJ L 162, 3.7.2000, p. 1.(11) OJ L 184, 17.7.1999, p. 23.(12) OJ L 257, 10.10.1996, p. 26.(13) OJ L 158, 23.6.1990, p. 56.ANNEX INOISE INDICATORSreferred to in Article 51. Definition of the day-evening-night level LdenThe day-evening-night level Lden in decibels (dB) is defined by the following formula:>PIC FILE= "L_2002189EN.001802.TIF">in which:- Lday is the A-weighted long-term average sound level as defined in ISO 1996-2: 1987, determined over all the day periods of a year,- Levening is the A-weighted long-term average sound level as defined in ISO 1996-2: 1987, determined over all the evening periods of a year,- Lnight is the A-weighted long-term average sound level as defined in ISO 1996-2: 1987, determined over all the night periods of a year;in which:- the day is 12 hours, the evening four hours and the night eight hours. The Member States may shorten the evening period by one or two hours and lengthen the day and/or the night period accordingly, provided that this choice is the same for all the sources and that they provide the Commission with information on any systematic difference from the default option,- the start of the day (and consequently the start of the evening and the start of the night) shall be chosen by the Member State (that choice shall be the same for noise from all sources); the default values are 07.00 to 19.00, 19.00 to 23.00 and 23.00 to 07.00 local time,- a year is a relevant year as regards the emission of sound and an average year as regards the meteorological circumstances;and in which:- the incident sound is considered, which means that no account is taken of the sound that is reflected at the façade of the dwelling under consideration (as a general rule, this implies a 3 dB correction in case of measurement).The height of the Lden assessment point depends on the application:- in the case of computation for the purpose of strategic noise mapping in relation to noise exposure in and near buildings, the assessment points must be 4,0 ± 0,2 m (3,8 to 4,2 m) above the ground and at the most exposed façade; for this purpose, the most exposed façade will be the external wall facing onto and nearest to the specific noise source; for other purposes other choices may be made,- in the case of measurement for the purpose of strategic noise mapping in relation to noise exposure in and near buildings, other heights may be chosen, but they must never be less than 1,5 m above the ground, and results should be corrected in accordance with an equivalent height of 4 m,- for other purposes such as acoustical planning and noise zoning other heights may be chosen, but they must never be less than 1,5 m above the ground, for example for:- rural areas with one-storey houses,- the design of local measures meant to reduce the noise impact on specific dwellings,- the detailed noise mapping of a limited area, showing the noise exposure of individual dwellings.2. Definition of the night-time noise indicatorThe night-time noise indicator Lnight is the A-weighted long-term average sound level as defined in ISO 1996-2: 1987, determined over all the night periods of a year;in which:- the night is eight hours as defined in paragraph 1,- a year is a relevant year as regards the emission of sound and an average year as regards the meteorological circumstances, as defined in paragraph 1,- the incident sound is considered, as laid down in paragraph 1,- the assessment point is the same as for Lden.3. Supplementary noise indicatorsIn some cases, in addition to Lden and Lnight, and where appropriate Lday and Levening, it may be advantageous to use special noise indicators and related limit values. Some examples are given below:- the noise source under consideration operates only for a small proportion of the time (for example, less than 20 % of the time over the total of the day periods in a year, the total of the evening periods in a year, or the total of the night periods in a year),- the average number of noise events in one or more of the periods is very low (for example, less than one noise event an hour; a noise event could be defined as a noise that lasts less than five minutes; examples are the noise from a passing train or a passing aircraft),- the low-frequency content of the noise is strong,- LAmax, or SEL (sound exposure level) for night period protection in the case of noise peaks,- extra protection at the weekend or a specific part of the year,- extra protection of the day period,- extra protection of the evening period,- a combination of noises from different sources,- quiet areas in open country,- the noise contains strong tonal components,- the noise has an impulsive character.ANNEX IIASSESSMENT METHODS FOR THE NOISE INDICATORSreferred to in Article 61. IntroductionThe values of Lden and Lnight can be determined either by computation or by measurement (at the assessment position). For predictions only computation is applicable.Provisional computation and measurement methods are set out in paragraphs 2 and 3.2. Interim computation methods for Lden and Lnight2.1. Adaptation of existing national computation methodsIf a Member State has national methods for the determination of long-term indicators those methods may be applied, provided that they are adapted to the definitions of the indicators set out in Annex I. For most national methods this implies the introduction of the evening as a separate period and the introduction of the average over a year. Some existing methods will also have to be adapted as regards the exclusion of the façade reflection, the incorporation of the night and/or the assessment position.The establishment of the average over a year requires special attention. Variations in emission and transmission can contribute to fluctuations over a year.2.2. Recommended interim computation methodsFor Member States that have no national computation methods or Member States that wish to change computation method, the following methods are recommended:For INDUSTRIAL NOISE: ISO 9613-2: "Acoustics - Abatement of sound propagation outdoors, Part 2: General method of calculation".Suitable noise-emission data (input data) for this method can be obtained from measurements carried out in accordance with one of the following methods:- ISO 8297: 1994 "Acoustics - Determination of sound power levels of multisource industrial plants for evaluation of sound pressure levels in the environment - Engineering method",- EN ISO 3744: 1995 "Acoustics - Determination of sound power levels of noise using sound pressure - Engineering method in an essentially free field over a reflecting plane",- EN ISO 3746: 1995 "Acoustics - Determination of sound power levels of noise sources using an enveloping measurement surface over a reflecting plane".For AIRCRAFT NOISE: ECAC.CEAC Doc. 29 "Report on Standard Method of Computing Noise Contours around Civil Airports", 1997. Of the different approaches to the modelling of flight paths, the segmentation technique referred to in section 7.5 of ECAC.CEAC Doc. 29 will be used.For ROAD TRAFFIC NOISE: The French national computation method "NMPB-Routes-96 (SETRA-CERTU-LCPC-CSTB)", referred to in "Arrêté du 5 mai 1995 relatif au bruit des infrastructures routières, Journal Officiel du 10 mai 1995, Article 6" and in the French standard "XPS 31-133". For input data concerning emission, these documents refer to the "Guide du bruit des transports terrestres, fascicule prévision des niveaux sonores, CETUR 1980".For RAILWAY NOISE: The Netherlands national computation method published in "Reken- en Meetvoorschrift Railverkeerslawaai '96, Ministerie Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer, 20 November 1996".Those methods must be adapted to the definitions of Lden and Lnight. No later than 1 July 2003 the Commission will publish guidelines in accordance with Article 13(2) on the revised methods and provide emission data for aircraft noise, road traffic noise and railway noise on the basis of existing data.3. Interim measurement methods for Lden and LnightIf a Member State wishes to use its own official measurement method, that method shall be adapted in accordance with the definitions of the indicators set out in Annex I and in accordance with the principles governing long-term average measurements stated in ISO 1996-2: 1987 and ISO 1996-1: 1982.If a Member State has no measurement method or if it prefers to apply another method, a method may be defined on the basis of the definition of the indicator and the principles stated in ISO 1996-2: 1987 and ISO 1996-1: 1982.Measurement data in front of a façade or another reflecting element must be corrected to exclude the reflected contribution of this façade or element (as a general rule, this implies a 3 dB correction in case of measurement).ANNEX IIIASSESSMENT METHODS FOR HARMFUL EFFECTSreferred to in Article 6(3)Dose-effect relations should be used to assess the effect of noise on populations. The dose-effect relations introduced by future revisions of this Annex in accordance with Article 13(2) will concern in particular:- the relation between annoyance and Lden for road, rail and air traffic noise, and for industrial noise,- the relation between sleep disturbance and Lnight for road, rail and air traffic noise, and for industrial noise.If necessary, specific dose-effect relations could be presented for:- dwellings with special insulation against noise as defined in Annex VI,- dwellings with a quiet façade as defined in Annex VI,- different climates/different cultures,- vulnerable groups of the population,- tonal industrial noise,- impulsive industrial noise and other special cases.ANNEX IVMINIMUM REQUIREMENTS FOR STRATEGIC NOISE MAPPINGreferred to in Article 71. A strategic noise map is the presentation of data on one of the following aspects:- an existing, a previous or a predicted noise situation in terms of a noise indicator,- the exceeding of a limit value,- the estimated number of dwellings, schools and hospitals in a certain area that are exposed to specific values of a noise indicator,- the estimated number of people located in an area exposed to noise.2. Strategic noise maps may be presented to the public as:- graphical plots,- numerical data in tables,- numerical data in electronic form.3. Strategic noise maps for agglomerations shall put a special emphasis on the noise emitted by:- road traffic,- rail traffic,- airports,- industrial activity sites, including ports.4. Strategic noise mapping will be used for the following purposes:- the provision of the data to be sent to the Commission in accordance with Article 10(2) and Annex VI,- a source of information for citizens in accordance with Article 9,- a basis for action plans in accordance with Article 8.Each of those applications requires a different type of strategic noise map.5. Minimum requirements for the strategic noise maps concerning the data to be sent to the Commission are set out in paragraphs 1.5, 1.6, 2.5, 2.6 and 2.7 of Annex VI.6. For the purposes of informing the citizen in accordance with Article 9 and the development of action plans in accordance with Article 8, additional and more detailed information must be given, such as:- a graphical presentation,- maps disclosing the exceeding of a limit value,- difference maps, in which the existing situation is compared with various possible future situations,- maps showing the value of a noise indicator at a height other than 4 m where appropriate.The Member States may lay down rules on the types and formats of these noise maps.7. Strategic noise maps for local or national application must be made for an assessment height of 4 m and the 5 dB ranges of Lden and Lnight as defined in Annex VI.8. For agglomerations separate strategic noise maps must be made for road-traffic noise, rail-traffic noise, aircraft noise and industrial noise. Maps for other sources may be added.9. The Commission may develop guidelines providing further guidance on noise maps, noise mapping and mapping softwares in accordance with Article 13(2).ANNEX VMINIMUM REQUIREMENTS FOR ACTION PLANSreferred to in Article 81. An action plan must at least include the following elements:- a description of the agglomeration, the major roads, the major railways or major airports and other noise sources taken into account,- the authority responsible,- the legal context,- any limit values in place in accordance with Article 5,- a summary of the results of the noise mapping,- an evaluation of the estimated number of people exposed to noise, identification of problems and situations that need to be improved,- a record of the public consultations organised in accordance with Article 8(7),- any noise-reduction measures already in force and any projects in preparation,- actions which the competent authorities intend to take in the next five years, including any measures to preserve quiet areas,- long-term strategy,- financial information (if available): budgets, cost-effectiveness assessment, cost-benefit assessment,- provisions envisaged for evaluating the implementation and the results of the action plan.2. The actions which the competent authorities intend to take in the fields within their competence may for example include:- traffic planning,- land-use planning,- technical measures at noise sources,- selection of quieter sources,- reduction of sound transmission,- regulatory or economic measures or incentives.3. Each action plan should contain estimates in terms of the reduction of the number of people affected (annoyed, sleep disturbed, or other).4. The Commission may develop guidelines providing further guidance on the action plans in accordance with Article 13(2).ANNEX VIDATA TO BE SENT TO THE COMMISSIONreferred to in Article 10The data to be sent to the Commission are as follows:1. For agglomerations1.1. A concise description of the agglomeration: location, size, number of inhabitants.1.2. The responsible authority.1.3. Noise-control programmes that have been carried out in the past and noise-measures in place.1.4. The computation or measurement methods that have been used.1.5. The estimated number of people (in hundreds) living in dwellings that are exposed to each of the following bands of values of Lden in dB 4 m above the ground on the most exposed façade: 55-59, 60-64, 65-69, 70-74, > 75, separately for noise from road, rail and air traffic, and from industrial sources. The figures must be rounded to the nearest hundred (e.g. 5200 = between 5150 and 5249; 100 = between 50 and 149; 0 = less than 50).In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in dwellings that have:- special insulation against the noise in question, meaning special insulation of a building against one or more types of environmental noise, combined with such ventilation or air conditioning facilities that high values of insulation against environmental noise can be maintained,- a quiet façade, meaning the façade of a dwelling at which the value of Lden four metres above the ground and two metres in front of the façade, for the noise emitted from a specific source, is more than 20 dB lower than at the façade having the highest value of Lden.An indication should also be given on how major roads, major railways and major airports as defined in Article 3 contribute to the above.1.6. The estimated total number of people (in hundreds) living in dwellings that are exposed to each of the following bands of values of Lnight in dB 4 m above the ground on the most exposed façade: 50-54, 55-59, 60-64, 65-69, > 70, separately for road, rail and air traffic and for industrial sources. These data may also be assessed for value band 45-49 before the date laid down in Article 11(1).In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in dwellings that have:- special insulation against the noise in question, as defined in paragraph 1.5,- a quiet façade, as defined in paragraph 1.5.It must also be indicated how major roads, major railways and major airports contribute to the above.1.7. In case of graphical presentation, strategic maps must at least show the 60, 65, 70 and 75 dB contours.1.8. A summary of the action plan covering all the important aspects referred to in Annex V, not exceeding ten pages in length.2. For major roads, major railways and major airports2.1. A general description of the roads, railways or airports: location, size, and data on the traffic.2.2. A characterisation of their surroundings: agglomerations, villages, countryside or otherwise, information on land use, other major noise sources.2.3. Noise-control programmes that have been carried out in the past and noise-measures in place.2.4. The computation or measurement methods that have been used.2.5. The estimated total number of people (in hundreds) living outside agglomerations in dwellings that are exposed to each of the following bands of values of Lden in dB 4 m above the ground and on the most exposed façade: 55-59, 60-64, 65-69, 70-74, > 75.In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in dwellings that have:- special insulation against the noise in question, as defined in paragraph 1.5,- a quiet façade, as defined in paragraph 1.5.2.6. The estimated total number of people (in hundreds) living outside agglomerations in dwellings that are exposed to each of the following bands of values of Lnight in dB 4 m above the ground and on the most exposed façade: 50-54, 55-59, 60-64, 65-69, > 70. These data may also be assessed for value band 45-49 before the date laid down in Article 11(1).In addition it should be stated, where appropriate and where such information is available, how many persons in the above categories live in dwellings that have:- special insulation against the noise in question, as defined in paragraph 1.5,- a quiet façade, as defined in paragraph 1.5.2.7. The total area (in km2) exposed to values of Lden higher than 55, 65 and 75 dB respectively. The estimated total number of dwellings (in hundreds) and the estimated total number of people (in hundreds) living in each of these areas must also be given. Those figures must include agglomerations.The 55 and 65 dB contours must also be shown on one or more maps that give information on the location of villages, towns and agglomerations within those contours.2.8. A summary of the action plan covering all the important aspects referred to in Annex V, not exceeding ten pages in length.3. GuidelinesThe Commission may develop guidelines to provide further guidance on the above provision of information, in accordance with Article 13(2).Declaration by the Commissionin the Conciliation Committee on the Directive relating to the assessment and management of environmental noiseThe Commission takes note of the text agreed for Article 1(2) of the Environmental Noise Directive by the members of the Conciliation Committee for the European Parliament and the Council.The Commission considers that legislative proposals to reduce noise emissions from all major sources should be made on the basis of robust evidence supporting such proposals. This is in line with the "knowledge-based approach" for policy-making as proposed in the Sixth Environment Action Programme (COM(2001)31) and approved by the European Parliament and the Council.In this regard, the reports required from Member States under the Directive on the basis of harmonised noise indicators will be an essential element. The provision of such data across the Community will allow the impact and benefits of possible measures to be properly assessed prior to presenting Community legislative proposals.Therefore, and in accordance with the Treaty establishing the European Community, the Commission will evaluate the need to come forward with new legislative proposals, reserving its right to decide as and when it would be appropriate to present any such proposals.This is consistent with the Commission's right of initiative, as laid out in the Treaty, while the requirements of Article 1(2) relating to the submission of new proposals within a fixed time frame appear to be prejudicial to this right.

Summary: Assessment and management of environmental noise Assessment and management of environmental noise SUMMARY OF: Directive 2002/49/EC on the assessment and management of environmental noise WHAT IS THE AIM OF THE DIRECTIVE? The Environmental Noise Directive (END) aims to: provide a common basis for combating the harmful effects of exposure to environmental noise* across the EU; gradually introduce measures establishing common noise indicators* to measure the long-term exposure of humans to environmental noise throughout the day and sleep disturbancesobliging EU countries to draw up strategic noise maps* to serve as a basis for action plans* to prevent and reduce noiseimplementing the national action plansfor public information and consultation, especially about the national action plans. KEY POINTS The directive seeks to control noise: in built-up areas; in public parks or other quiet areas in urban areas; in quiet areas in open country; near schools, hospitals and other noise-sensitive buildings and areas. It does not apply to noise: caused by the exposed person him or herself, or by neighbours; from domestic activities; in work places; inside means of transport; and from military activities in military areas. Noise indicators and their assessment methods 2 indicators are used when compiling strategic noise maps: Lden is an indicator of the overall noise level during the day, evening and night which is used to describe the annoyance caused by exposure to noise;Lnight is an indicator for the sound level during the night used to describe sleep disturbance.Their values are defined using the common assessment methods set out in Annex II to the directive. The European Commission had to establish these common assessment methods. Until this was done, EU countries could use their own methods, provided they complied with Annex II. Other indicators may be used for acoustical planning and noise zoning and in the special cases listed in Annex I. Dose-effect relations* would be introduced in Annex III by future revisions to the directive to enable the assessment of the effect of noise on populations. By 18 July 2005, EU countries had to inform the Commission of any relevant limit values in force or under preparation, expressed in terms of Lden and Lnight and, where appropriate, Lday (day-noise indicator) and Levening (evening-noise indicator) for: road-traffic noise;air-traffic noise;rail-traffic noise; andindustrial noise. Strategic noise mapping Strategic noise maps must satisfy the minimum requirements laid down in Annex IV. EU countries had to: inform the public of the bodies responsible for making and approving strategic noise maps by 18 July 2005;inform the Commission by 30 June 2005 of the major roads with more than 6 million vehicle passages a yearrailways with more than 60,000 train passages per yearmajor airports andtowns and cities with more than 250,000 inhabitants;make and approve strategic noise maps showing the situation during the preceding year near these infrastructures, towns and cities by 30 June 2007;inform the Commission of all the towns and cities with more than 100,000 inhabitants and of all the major roads and major railways within their territories by 31 December 2008;make and approve strategic noise maps showing the situation during the preceding year for those towns and cities, roads and railways by30 June 2012. Noise maps must be reviewed, and revised if necessary, every 5 years. Action plans Action plans must meet the minimum requirements set out in Annex V. Measures within the plans must: address priorities identified by the exceeding of any relevant limit value or by other criteria chosen by the EU countries; andapply in particular to the most important areas as established by strategic mapping. EU countries had to: inform the public of the bodies responsible for drawing up and approving the action plans by 18 July 2005;draw up action plans: by 18 July 2008, for major roads with more than 6 million vehicle passages a yearrailways with more than 60,000 train passages per yearmajor airports andtowns and cities with over 250,000 inhabitants;by 18 July 2013, for all major towns and cities, major airports, major roads and major railways. Action plans must be reviewed when a major development occurs affecting the existing noise situation, and at least every 5 years after the date of the approval of those plans, according to amending Regulation (EU) 2019/1010. Public information EU countries must ensure that: the public is consulted and that the results are taken into account before action plans are approved; strategic noise maps and the action plans are available and disseminated to the public in line with Annexes IV and V and the EU’s rules on public access to environmental information; the Commission receives the information from strategic noise maps and summaries of the action plans within 6 months of the dates laid down in Articles 7 (Strategic noise mapping) and 8 (Action plans), as referred to in Annex VI. The Commission, assisted by the European Environment Agency, must develop a digital information exchange mechanism, by means of implementing acts. EU countries’ noise maps and action plans can also be consulted in the European Environment Agency’s ReportNet system. According to amending Regulation (EU) 2019/1010, ReportNet is a ‘data repository’, an information system containing environmental noise information and data made available by the EU countries. ReportEvery 5 years, the Commission submits a report on the directive’s implementation to the European Parliament and the Council. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 18 July 2002 and had to become law in the EU countries by 18 July 2004. BACKGROUND For more information, see: Environmental Noise Directive (European Commission). KEY TERMS Environmental noise: unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity, as defined by Directive 96/61/EC. Noise indicator: a physical scale to describe environmental noise, which has a relationship with a harmful effect. Strategic noise maps: maps designed to assess the overall noise exposure in given areas arising from different noise sources or for overall predictions for those areas. Action plans: plans designed to manage noise issues and effects, including noise reduction if necessary. Dose-effect relation: the relationship between the value of a noise indicator and a harmful effect. MAIN DOCUMENT Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, pp. 12-25) Successive amendments to Directive 2002/49/EC have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the implementation of the Environmental Noise Directive in accordance with Article 11 of Directive 2002/49/EC (COM(2017) 151 final, 30.3.2017) Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (Codified version) (OJ L 126, 21.5.2009, pp. 13-22) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, pp. 26-32) last update 19.09.2019


EUR-Lex - 32001L0096 - EN Avis juridique important | 32001L0096 Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers (Text with EEA relevance) Official Journal L 013 , 16/01/2002 P. 0009 - 0020 Directive 2001/96/EC of the European Parliament and of the Councilof 4 December 2001establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) In view of the high number of shipping accidents involving bulk carriers with an associated loss of human lives, further measures should be taken to enhance safety in maritime transport within the framework of the common transport policy.(2) Assessments of the causes of bulk carrier casualties indicate that loading and unloading of solid bulk cargoes, if not properly conducted, can contribute to the loss of bulk carriers, either by over-stressing the ship's structure or by mechanically damaging its structural members in the cargo holds. The protection of the safety of bulk carriers can be enhanced through the adoption of measures aimed at reducing the risk of structural damage and losses due to improper loading and unloading operations.(3) At international level, the International Maritime Organisation (the "IMO"), through a number of Assembly Resolutions, has adopted recommendations on the safety of bulk carriers addressing ship/port interface issues in general and loading and unloading operations in particular.(4) By Assembly Resolution A.862(20), the IMO adopted a Code of Practice for the Safe Loading and Unloading of Bulk Barriers ("the BLU Code"), and urged contracting governments to implement this Code at the earliest possible opportunity and to inform IMO of any non-compliance. In the Resolution, the IMO further urged contracting governments in whose territories solid bulk cargo loading and unloading terminals are situated to introduce laws so that a number of key principles necessary for the implementation of this Code could be enforced.(5) The impact of loading and unloading operations on bulk carrier safety, in view of the global character of trade in dry cargo in bulk, has transboundary implications. The development of action to prevent the foundering of bulk carriers due to improper loading and unloading practices is therefore best done at Community level by establishing harmonised requirements and procedures to implement the IMO recommendations laid down in the Assembly Resolution A.862(20) and the BLU Code.(6) In view of the subsidiarity principle set out in Article 5 of the Treaty, a Directive is the appropriate legal instrument as it provides a framework for the Member States' uniform and compulsory application of the requirements and procedures for the safe loading and unloading of bulk carriers, while leaving each Member State the right to decide which implementation tools best fit its internal system. In accordance with the principle of proportionality, this Directive does not go beyond what is necessary for the objectives pursued.(7) The safety of bulk carriers and their crews can be enhanced by reducing the risks of improper loading and unloading at dry bulk cargo terminals. This can be implemented by establishing harmonised procedures for cooperation and communication between ship and terminal and by laying down suitability requirements for ships and terminals.(8) In the interests of enhancing bulk carrier safety and avoiding distortion of competition, the harmonised procedures and suitability criteria should apply to all bulk carriers, irrespective of the flag they fly, and to all terminals in the Community at which, under normal circumstances, such carriers call for the purpose of loading or unloading solid bulk cargoes.(9) Bulk carriers calling at terminals for the loading or unloading of solid bulk cargoes should be suitable for that purpose. Equally, terminals should also be suitable for receiving and loading or unloading visiting bulk carriers. For these purposes suitability criteria have been established in the BLU Code.(10) Terminals should, in the interests of enhancing cooperation and communication with the ship's master on matters relating to the loading and unloading of solid bulk cargoes, appoint a terminal representative responsible for such operations in the terminal and make information books with the terminal's and port's requirements available to the masters. There are, for this purpose, provisions in the BLU Code.(11) The development, implementation and maintenance of a quality management system by the terminals would ensure that the cooperation and communication procedures and the actual loading and unloading by the terminal are planned and executed in accordance with a harmonised framework that is internationally recognised and auditable. In view of its international recognition, the quality management system should be compatible with the ISO 9000 series of standards adopted by the International Standardisation Organisation. To allow new terminals sufficient time to achieve the relevant certification, it is important to ensure that a temporary authorisation to operate is available to them for a limited period of time.(12) For the purpose of ensuring that loading and unloading operations are carefully prepared, agreed and conducted in order to avoid endangering the safety of the ship or crew, the responsibilities of the master and the terminal representative should be laid down. To this end, relevant provisions can be found in the 1974 International Convention for the Safety of Life at Sea (1974 SOLAS Convention), IMO Assembly Resolution A.862(20) and the BLU Code. For the same purpose, procedures for the preparation, agreement and conduct of loading or unloading operations can be based on the provisions of those international instruments.(13) In the general interests of the Community, in deflecting sub-standard shipping from its ports, the terminal representative should notify apparent deficiencies on board a bulk carrier which could prejudice the safety of loading or unloading operations.(14) It is necessary that the competent authorities of the Member States prevent or halt loading or unloading operations whenever they have clear indications that ship or crew safety is endangered by these operations. The authorities should also intervene in the interests of safety in the event of disagreement between the master and the terminal representative as to the application of these procedures. The safety-related action of the competent authorities should not be dependent on commercial interests related to terminals.(15) It is necessary to lay down procedures for the purpose of reporting damage to ships incurred during loading or unloading operations to the appropriate bodies, such as the relevant classification societies, and of repairing such damage if necessary. Where such damage could impair the safety or seaworthiness of the ship, the decision as to the necessity and urgency of repairs should be taken by the port State control authorities in consultation with the administration of the flag State. In view of the technical expertise necessary to take such a decision, the authorities should have the right to call upon a recognised organisation to inspect the damage and to advise them on any need for repairs.(16) Enforcement of this Directive should be enhanced by efficient monitoring and verification procedures in the Member States. Reporting the results of this monitoring effort will provide valuable information on the effectiveness of the harmonised requirements and procedures laid down in this Directive.(17) In IMO Assembly Resolution A.797(19) of 23 November 1995 on the safety of ships carrying solid bulk cargoes it is requested that port State authorities submit confirmation that loading and unloading terminals for solid bulk cargoes comply with the IMO Codes and recommendations on ship/shore cooperation. Notification of the adoption of this Directive to the IMO will provide an appropriate response to this request and a clear signal to the international maritime community that the Community is committed to supporting the efforts undertaken at international level to enhance the safe loading and unloading of bulk carriers.(18) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4).(19) It should be possible to amend certain provisions of this Directive in accordance with that procedure, so as to bring them into line with international and Community instruments adopted, amended or entering into force after the entry into force of this Directive and for the implementation of the procedures laid down in this Directive, without broadening its scope.(20) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(5) and its relevant individual Directives are applicable to the work relating to the loading and unloading of bulk carriers,HAVE ADOPTED THIS DIRECTIVE:Article 1PurposeThe purpose of this Directive is to enhance the safety of bulk carriers calling at terminals in the Member States in order to load or unload solid bulk cargoes, by reducing the risks of excessive stresses and physical damage to the ship's structure during loading or unloading, through the establishment of:1. harmonised suitability requirements for those ships and terminals; and2. harmonised procedures for cooperation and communication between those ships and terminals.Article 2ScopeThis Directive shall apply to:1. all bulk carriers, irrespective of their flag, calling at a terminal for the loading or unloading of solid bulk cargoes; and2. all terminals in the Member States visited by bulk carriers falling under the scope of this Directive.Without prejudice to the provisions of Regulation VI/7 of the 1974 SOLAS Convention, this Directive shall not apply to facilities that only in exceptional circumstances are used for loading and unloading dry cargo in bulk into or from bulk carriers, and shall not apply in cases where the loading or unloading is carried out solely with the equipment of the bulk carrier concerned.Article 3DefinitionsFor 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(6);2. "1974 SOLAS Convention" shall mean the International Convention for the Safety of Life at Sea, together with the Protocols and amendments thereto, in force on 4 December 2001;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(7);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.Article 4Requirements in relation to the operational suitability of bulk carriersMember States shall make the necessary arrangements to ensure that terminal operators are satisfied with the operational suitability of bulk carriers for loading or unloading of solid bulk cargoes, by checking compliance with the provisions of Annex I.Article 5Requirements in relation to the suitability of terminalsMember States shall satisfy themselves that terminal operators ensure that, as concerns terminals for which they assume responsibilities under this Directive:1. the terminals comply with the provisions of Annex II;2. terminal representative(s) is (are) appointed;3. information books are prepared containing the requirements of the terminal and competent authorities and information on the port and terminal as listed in Appendix 1, paragraph 1.2, of the BLU Code, and that these books are made available to the masters of bulk carriers calling at the terminal for loading or unloading solid bulk cargoes; and4. a quality management system is developed, implemented and maintained. Such quality management system shall be certified in accordance with the ISO 9001:2000 standards or an equivalent standard fulfilling at least all aspects of ISO 9001:2000, and it shall be audited in accordance with the guidelines of the ISO 10011:1991 or equivalent standard fulfilling all aspects of ISO 10011:1991. Directive 98/34/EC(8) shall be complied with in relation to the said equivalent standards.A transitional period of three years from the entry into force of this Directive shall be granted to set up the quality management system and one additional year to obtain the certification of the system.Article 6Temporary authorisationBy way of derogation from the requirements of Article 5(4), a temporary authorisation to operate, valid for no more than 12 months, may be issued by the competent authority for newly established terminals. The terminal must however demonstrate its plan to implement a quality management system in accordance with the ISO 9001:2000 standard or equivalent standard, as set out in Article 5(4).Article 7Responsibilities of masters and terminal representativesMember States shall make the necessary arrangements to ensure that the following principles concerning the responsibilities of masters and terminal representatives are respected and applied:1. Responsibilities of the master:(a) the master shall be responsible at all times for the safe loading and unloading of the bulk carrier under his command;(b) the master shall, well in advance of the ship's estimated time of arrival at the terminal, provide the terminal with the information set out in Annex III;(c) before any solid bulk cargo is loaded, the master shall ensure that he has received the cargo information required by Regulation VI/2.2 of the 1974 SOLAS Convention, and, where required, a solid bulk cargo density declaration. This information shall be contained in a cargo declaration form as set out in Appendix 5 of the BLU Code;(d) prior to the start of and during loading or unloading the master shall discharge the duties listed in Annex IV.2. Responsibilities of the terminal representative:(a) upon receipt of the ship's initial notification of its estimated time of arrival, the terminal representative shall provide the master with the information mentioned in Annex V;(b) the terminal representative shall be satisfied that the master has been advised as early as possible of the information contained in the cargo declaration form;(c) the terminal representative shall without delay notify the master and the port State control authority of apparent deficiencies he has noted on board a bulk carrier which could endanger the safe loading or unloading of solid bulk cargoes;(d) prior to the start of and during loading or unloading, the terminal representative shall discharge the duties listed in Annex VI.Article 8Procedures between bulk carriers and terminalsMember States shall ensure that the following procedures are applied in respect of the loading or unloading of bulk carriers with solid bulk cargoes.1. Before solid bulk cargoes are loaded or unloaded, the master shall agree with the terminal representative on the loading or unloading plan in accordance with the provisions of Regulation VI/7.3 of the 1974 SOLAS Convention. The loading or unloading plan shall be prepared in the form laid down in Appendix 2 of the BLU Code, it shall contain the IMO number of the bulk carrier concerned, and the master and the terminal representative shall confirm their agreement to the plan by signing it.Any change to the plan, which according to either party may affect the safety of the vessel or crew, shall be prepared, accepted and agreed by both parties in the form of a revised plan.The agreed loading or unloading plan and any subsequent agreed revisions shall be kept by the ship and the terminal for a period of six months for the purpose of any necessary verification by the competent authorities.2. Before loading or unloading is commenced, the ship/shore safety checklist shall be completed and signed jointly by the master and the terminal representative in accordance with the guidelines of Appendix 4 of the BLU Code.3. An effective communication between the ship and the terminal shall be established and maintained at all times, capable of responding to requests for information on the loading or unloading process and to ensure prompt compliance should the master or the terminal representative order the loading or unloading operations to be suspended.4. The master and the terminal representative shall conduct the loading or unloading operations in accordance with the agreed plan. The terminal representative shall be responsible for the loading or unloading of the solid bulk cargo as regards the hold order, quantity and rate of loading or unloading stated on that plan. He shall not deviate from the agreed loading or unloading plan, otherwise than by prior consultation and written agreement with the master.5. On completion of the loading or unloading, the master and the terminal representative shall agree in writing that the loading or unloading has been done in accordance with the loading or unloading plan, including any agreed changes. In the case of unloading, such agreement shall include a record that the cargo holds have been emptied and cleaned to the master's requirements and shall record any damage suffered by the ship and any repairs carried out.Article 9Role of the competent authorities1. Without prejudice to the rights and obligations of the master provided under Regulation VI/7.7 of the 1974 SOLAS Convention, Member States shall ensure that their competent authorities prevent or halt the loading or unloading of solid bulk cargoes whenever they have clear indications that the safety of the ship or crew would be endangered thereby.2. In cases where the competent authority is informed of disagreement between the master and the terminal representative as to the application of the procedures provided for in Article 8, the competent authority shall intervene where this is required in the interests of safety and/or the marine environment.Article 10Repair of damage incurred during loading or unloading1. If damage to the ship's structure or equipment occurs during loading or unloading, it shall be reported by the terminal representative to the master and, if necessary, repaired.2. If the damage could impair the structural capability or watertight integrity of the hull, or the ship's essential engineering systems, the administration of the flag State, or an organisation recognised by it and acting on its behalf, and the port State control authority shall be informed by the terminal representative and/or the master. The decision as to whether immediate repair is necessary or whether it can be deferred shall be taken by the port State control authority, due account being taken of the opinion, if any, of the administration of the flag State, or the organisation recognised by it and acting on its behalf, and of the opinion of the master. Where immediate repair is considered necessary, it shall be carried out to the satisfaction of the master and the competent authority before the ship leaves the port.3. For the purpose of taking the decision referred to in paragraph 2, a port State control authority may rely upon a recognised organisation to undertake the inspection of the damage and to advise on the necessity of carrying-out repairs or their deferral.4. This Article applies without prejudice to Directive 95/21/EC.Article 11Verification and reporting1. Member States shall regularly verify that terminals comply with the requirements of Article 5(1), Article 7(2) and Article 8. The procedure of verification shall include the carrying-out of unannounced inspections during loading or unloading operations.In addition, Member States shall verify that terminals comply with the requirements of Article 5(4), at the end of the period provided for therein, and for newly established terminals at the end of the period provided in Article 6.2. Member States shall provide the Commission every three years with a report on the results of such verification. The report shall also provide an assessment of the effectiveness of the harmonised procedures for cooperation and communication between bulk carriers and terminals as provided for in this Directive. The report shall be transmitted at the latest by 30 April of the year following the period of three calendar years upon which it reports.Article 12EvaluationThe Commission shall submit an evaluation report on the operation of the system as provided for in this Directive to the European Parliament and the Council, on the basis of the reports of the Member States provided for in Article 11(2). This report shall also include an assessment of whether it is necessary to continue the reporting by the Member States referred to in Article 11(2).Article 13Notification to the IMOThe Presidency of the Council, acting on behalf of the Member States, and the Commission shall jointly inform the IMO of the adoption of this Directive, whereby reference shall be made to paragraph 1.7 of the Annex to IMO Resolution A.797(19).Article 14Regulatory Committee1. The Commission shall be assisted by the committee set up pursuant to Article 12(1) of Council Directive 93/75/EEC(9), hereinafter referred to as "the Committee".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 Committee shall adopt its rules of procedure.Article 15Amendment procedure1. The definitions in points 1 to 6 and 15 to 18 of Article 3, the references to international conventions and codes and to IMO Resolutions and Circulars, the references to ISO standards, the references to Community instruments, and the Annexes, may be amended in accordance with the procedure referred to in Article 14(2), in order to bring them into line with international and Community instruments which have been adopted, amended or brought into force after the adoption of this Directive, provided that the scope of this Directive is not thereby broadened.2. The procedure referred to in Article 14(2) shall apply when amending Article 8 and the Annexes for the implementation of the procedures laid down in this Directive, and when amending or repealing the reporting obligations referred to in Articles 11(2) and 12, provided that such provisions do not broaden the scope of this Directive.Article 16PenaltiesThe Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.Article 17Implementation and application1. Member States shall adopt and publish, before 5 August 2003, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 March 2004.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall notify to the Commission the provisions of their national law which they adopt in the field governed by this Directive.Article 18Entry into forceThis Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 19AddresseesThis Directive is addressed to the Member States.Done at Brussels, 4 December 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentD. Reynders(1) OJ C 311 E, 31.10.2000, p. 240 andOJ C 180 E, 26.6.2001, p. 273.(2) OJ C 14, 16.1.2001, p. 37.(3) Opinion of the European Parliament of 13 February 2001 (OJ C 276, 1.10.2001, p. 38), Council Common Position of 27 June 2001 (not yet published in the Official Journal) and Decision of the European Parliament of 25 October 2001 (not yet published in the Official Journal).(4) OJ L 184, 17.7.1999, p. 23.(5) OJ L 183, 29.6.1989, p. 1.(6) 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).(7) 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).(8) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37). Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).(9) 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 (OJ L 247, 5.10.1993, p. 19). Directive as last amended by Commission Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).ANNEX IREQUIREMENTS IN RELATION TO THE OPERATIONAL SUITABILITY OF BULK CARRIERS FOR LOADING AND UNLOADING SOLID BULK CARGOES(as referred to in Article 4)Bulk carriers calling in terminals in the Member States for the loading or unloading of solid bulk cargoes shall be checked for compliance with the following requirements.1. They shall be provided with cargo holds and hatch openings of sufficient size and such a design to enable the solid bulk cargo to be loaded, stowed, trimmed and unloaded satisfactorily.2. They shall be provided with the cargo hold hatch identification numbers as used in the loading or unloading plan. The location, size and colour of these numbers shall be clearly visible to and identifiable by the operator of the terminal loading or unloading equipment.3. Their cargo hold hatches, hatch operating systems and safety devices shall be in good functional order and used only for their intended purpose.4. List indicating lights, if fitted, shall be tested prior to loading or unloading and proved to be operational.5. If required to have an approved loading instrument on board, this instrument shall be certified and operational to carry out stress calculations during loading or unloading.6. Propulsion and auxiliary machinery shall be in good functional order.7. Deck equipment related to mooring and berthing operations shall be operable and in good order and condition.ANNEX IIREQUIREMENTS IN RELATION TO THE SUITABILITY OF TERMINALS FOR LOADING AND UNLOADING SOLID BULK CARGOES(as referred to in Article 5(1))1. Terminals shall only accept bulk carriers for loading or unloading of solid bulk cargoes at their terminal that can safely berth alongside the loading or unloading installation, taking into consideration water depth at the berth, maximum size of the ship, mooring arrangements, fendering, safe access and possible obstructions to loading or unloading operations.2. Terminal loading and unloading equipment shall be properly certified and maintained in good order, in compliance with the relevant regulations and standards, and only operated by duly qualified and, if appropriate, certified personnel.3. Terminal personnel shall be trained in all aspects of safe loading and unloading of bulk carriers commensurate with their responsibilities. The training shall be designed to provide familiarity with the general hazards of loading and unloading of solid bulk cargoes and the adverse effect improper loading and unloading operations may have on the safety of the ship.4. Terminal personnel involved in the loading and unloading operations shall be provided with and use personnel protective equipment and shall be duly rested to avoid accidents due to fatigue.ANNEX IIIINFORMATION TO BE PROVIDED BY THE MASTER TO THE TERMINAL(as referred to in Article 7(1)(b))1. The ship's estimated time of arrival off the port as early as possible. This advice shall be updated as appropriate.2. At the time of the initial time of arrival advice:(a) name, call sign, IMO number, flag, port of registry;(b) loading or unloading plan, stating the quantity of cargo, stowage by hatches, loading or unloading order and the quantity to be loaded in each pour or unloaded in each stage of the discharge;(c) arrival and proposed departure draughts;(d) time required for ballasting or de-ballasting;(e) ship's length overall, beam, and length of the cargo area from the forward coaming of the forward-most hatch to the after coaming of the aft-most hatch into which cargo is to be loaded or from which cargo is to be unloaded;(f) distance from the waterline to the first hatch to be loaded or unloaded and the distance from the ship's side to the hatch opening;(g) location of the ship's accommodation ladder;(h) air draught;(i) details and capacities of ship's cargo-handling gear, if any;(j) number and type of mooring lines;(k) specific requests, such as for trimming or continuous measurement of the water content of the cargo;(l) details of any necessary repairs which may delay berthing, the commencement of loading or unloading, or may delay the ship sailing on completion of loading or unloading;(m) any other information related to the ship requested by the terminal.ANNEX IVDUTIES OF THE MASTER PRIOR TO AND DURING LOADING OR UNLOADING OPERATIONS(as referred to in Article 7(1)(d))Prior to and during loading or unloading operations the master shall ensure that:1. the loading or unloading of cargo and the discharge or intake of ballast water is under the control of the ship's officer in charge;2. the disposition of cargo and ballast water is monitored throughout the loading or unloading process to ensure that the ship's structure is not overstressed;3. the ship shall be kept upright or, if a list is required for operational reasons, it shall be kept as small as possible;4. the ship remains securely moored, taking due account of local weather conditions and forecasts;5. sufficient officers and crew are retained on board to attend to the adjustment of the mooring lines or for any normal or emergency situation, having regard to the need of the crew to have sufficient rest periods to avoid fatigue;6. the terminal representative is made aware of the cargo trimming requirements, which shall be in accordance with the procedures of the IMO Code of Safe Practice for Solid Bulk Cargoes;7. the terminal representative is made aware of the requirements for harmonisation between de-ballasting or ballasting and cargo loading or unloading rates for his ship and of any deviation from the de-ballasting or ballasting plan or any other matter which may affect cargo loading or unloading;8. the ballast water is discharged at rates which conform to the agreed loading plan and does not result in flooding of the quay or of adjacent craft. Where it is not practical for the ship to completely discharge its ballast water prior to the trimming stage in the loading process, he agrees with the terminal representative on the times at which loading may need to be suspended and the duration of such suspensions;9. there is agreement with the terminal representative as to the actions to be taken in the event of rain, or other change in the weather, when the nature of the cargo would pose a hazard in the event of such a change;10. no hot work is carried out on board or in the vicinity of the ship while the ship is alongside the berth, except with the permission of the terminal representative and in accordance with any requirements of the competent authority;11. close supervision of the loading or unloading operation and of the ship during final stages of the loading or unloading;12. the terminal representative is warned immediately if the loading or unloading process has caused damage, has created a hazardous situation, or is likely to do so;13. the terminal representative is advised when final trimming of the ship has to commence in order to allow for the conveyor system to run-off;14. the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the ship's structure;15. when ballasting one or more holds, account is taken of the possibility of the discharge of flammable vapours from the holds and precautions are taken before any hot work is permitted adjacent to or above these holds.ANNEX VINFORMATION TO BE PROVIDED BY THE TERMINAL TO THE MASTER(as referred to in Article 7(2)(a))1. The name of the berth at which loading or unloading will take place and the estimated times for berthing and completion of loading or unloading(1).2. Characteristics of loading or unloading equipment, including the terminal's nominal loading or unloading rate and the number of loading or unloading heads to be used, as well as the estimated time required to complete each pour or - in the case of unloading - the estimated time required for each stage of the discharge.3. Features on the berth or jetty the master may need to be aware of, including the position of fixed and mobile obstructions, fenders, bollards and mooring arrangements.4. Minimum depth of water alongside the berth and in approach and departure channels(2).5. Water density at the berth.6. Maximum distance between the water line and the top of the cargo hatch covers or coamings, whichever is relevant to the loading or unloading operation, and the maximum air draught.7. Arrangements for gangways and access.8. Which side of the ship is to be alongside the berth.9. Maximum allowable speed of approach to the jetty and availability of tugs, their type and bollard pull.10. The loading sequence for different parcels of cargo, and any other restrictions if it is not possible to take the cargo in any order or any hold to suit the ship.11. Any properties of the cargo to be loaded which may present a hazard when placed in contact with cargo or residues on board.12. Advance information on the proposed loading or unloading operations or changes to existing plans for loading or unloading.13. If the terminal's loading or unloading equipment is fixed, or has any limits to its movement.14. Mooring lines required.15. Warning of unusual mooring arrangements.16. Any restrictions on ballasting or de-ballasting.17. Maximum sailing draught permitted by the competent authority.18. Any other item related to the terminal requested by the master.(1) Information on estimated times for berthing and departure and on minimum water depth at the berth shall be progressively updated and passed to the master on receipt of successive ETA advice. Information on minimum water depth in approach and departure channels shall be provided by the terminal or the competent authority, as appropriate.(2) Information on estimated times for berthing and departure and on minimum water depth at the berth shall be progressively updated and passed to the master on receipt of successive ETA advice. Information on minimum water depth in approach and departure channels shall be provided by the terminal or the competent authority, as appropriate.ANNEX VIDUTIES OF THE TERMINAL REPRESENTATIVE PRIOR TO AND DURING LOADING OR UNLOADING OPERATIONS(as referred to in Article 7(2)(d))Prior to the start of and during loading or unloading operations the terminal representative shall:1. provide the master with the names and procedures for contacting the terminal personnel or shipper's agent who will have the responsibility for the loading or unloading operation and with whom the master will have contact.2. take all precautionary measures to avoid damage to the ship by the loading or unloading equipment and inform the master if damage occurs.3. ensure the ship is kept upright or, if a list is required for operational reasons, it shall be kept as small as possible.4. ensure the unloading of the port side closely matches that of the starboard side in the same hold to avoid twisting the ship.5. in the case of high density cargoes, or when the individual grab loads are large, alert the master that there may be high, localised impact loads on the ship's structure until the tank top is completely covered by cargo, especially when high free-fall drops are permitted and special care is taken at the start of the loading operation in each cargo holds.6. ensure that there is agreement between the master and the terminal representative at all stages and in relation to all aspects of the loading or unloading operations and that the master is advised on any change to the agreed loading rate, and at the completion of each pour of the weight loaded.7. maintain a record of the weight and disposition of the cargo loaded or unloaded and ensure that the weights in the holds do not deviate from the agreed loading or unloading plan.8. ensure that the cargo is trimmed, when loading or unloading, to the master's requirements.9. ensure that the quantities of cargo required to achieve the departure draft and trim shall allow for all cargo on the terminal's conveyor systems to be run off and empty on completion of a loading. For that purpose the terminal representative shall advise the master of the nominal tonnage contained on the terminal's conveyor system and any requirements for clearing the conveyor system on completion of the loading.10. in the case of unloading, give the master the maximum warning when it is intended to increase, or to reduce, the number of unloading heads used and advise the master when unloading is considered to be completed from each hold.11. ensure that no hot work is carried out on board or in the vicinity of the ship while the ship is alongside the berth, except with the permission of the master and in accordance with any requirements of the competent authority.

Summary: Loading and unloading of bulk carriers Loading and unloading of bulk carriers SUMMARY OF: Directive 2001/96/EC — EU requirements and procedures for the safe loading and unloading of bulk carriers SUMMARY WHAT DOES THE DIRECTIVE DO? It increases safety procedures for bulk carriers loading and unloading their solid bulk cargo in EU ports. It aims to reduce the risk of damage to ships during loading and unloading. It harmonises standards for ships and for terminals, and for cooperation and communication between them. KEY POINTS The legislation applies to EU terminals* and bulk carriers, irrespective of their flag, that use these to load and unload solid bulk cargo. EU countries must ensure terminal operators are confident the visiting carriers and their own terminals comply with the legislation loading and unloading plans in line with the 1974 SOLAS Convention are agreed between the shipmaster and the terminal representative before any work begins their own authorities prevent or halt any operation it they believe it would endanger the safety of the ship or crew regular inspections, including unannounced visits, of loading and unloading operations are carried out to verify compliance with the legislation. The results of the inspections are forwarded to the European Commission every 3 years. Shipmasters are responsible at all times for the safe loading and unloading of the carriers under their command. Terminal representatives must provide the master with relevant information, such as the name of the berth, and the equipment available where the operation will take place, before the vessel arrives. Terminal representatives must report to the harbour master any damage to a vessel or its equipment during loading or unloading. If necessary, it should be repaired. FROM WHEN DOES THE DIRECTIVE APPLY? It applies from 5 February 2002. EU countries had to incorporate it into national law by 5 August 2003. KEY TERM * Terminal: any fixed, floating or mobile facility equipped and used for the loading or unloading of dry cargo in bulk into or from bulk carriers. ACT Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers (OJ L 13, 16.1.2002, pp. 9–20) Successive amendments to Directive 2001/96/EC have been incorporated in the original text. This consolidated version is of documentary value only. last update 14.03.2016