16.1.2002 Official Journal of the European Communities L 13/9 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) 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 ('), Having regard to the opinion of the Economic and Social Committee (%), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), 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 indi- cate 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 meas- ures aimed at reducing the risk of structural damage and losses due to improper loading and unloading opera- tions. (3) At international level, the International Maritime Organ- isation (the IMO’), through a number of Assembly Reso- lutions, has adopted recommendations on the safety of bulk carriers addressing ship/port interface issues in general and loading and unloading operations in partic- ular. (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 () O] C 311 E, 31.10.2000, p. 240 and O] C 180 E, 26.6.2001, p. 273. () O] C 14, 16.1.2001, p. 37. (*) Opinion of the European Parliament of 13 February 2001 (O] 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 Euro- pean Parliament of 25 October 2001 (not yet published in the Offi- cial Journal). 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 neces- sary for the implementation of this Code could be enforced. 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 estab- lishing harmonised requirements and procedures to implement the IMO recommendations laid down in the Assembly Resolution A.862(20) and the BLU Code. In view of the subsidiarity principle set out in Article 5 of the Treaty, a Directive is the appropriate legal instru- ment as it provides a framework for the Member States' uniform and compulsory application of the require- ments 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 prin- ciple of proportionality, this Directive does not go beyond what is necessary for the objectives pursued. 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. 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.