Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 2017 amending Directive 2009/45/EC on safety rules and standards for passenger ships (Text with EEA relevance. )
Date: 2017-11-15

num: Article 1
title: Amendments to Directive 2009/45/EC
paragraphs: Directive 2009/45/EC is amended as follows:
(1)
Article 2 is amended as follows:
(a)
point (a) is replaced by the following:
‘(a)
“International Conventions” means the following conventions, including their Protocols and amendments thereto, in their up-to-date versions:
(i)
the 1974 International Convention for the Safety of Life at Sea (the 1974 SOLAS Convention); and
(ii)
the 1966 International Convention on Load Lines;’;
(b)
point (b) is replaced by the following:
‘(b)
“Intact Stability Code” means the “Code on Intact Stability for all types of ships covered by IMO Instruments” contained in IMO Assembly Resolution A.749(18) of 4 November 1993, or the “International Code on Intact Stability, 2008” contained in IMO Resolution MSC.267(85) of 4 December 2008, in their up-to-date versions;’;
(c)
point (g)(ii) is replaced by the following:
‘(ii)
their maximum speed, as defined in Regulation 1.4.30 of the 1994 High Speed Craft Code and Regulation 1.4.38 of the 2000 High Speed Craft Code, is less than 20 knots;’;
(d)
point (m) is replaced by the following:
‘(m)
“bow height” means the bow height defined in Regulation 39 of the 1966 International Convention on Load Lines;’;
(e)
in point (q), the first subparagraph is replaced by the following:
‘(q)
“sea area” means any sea area or sea route established pursuant to Article 4;’;
(f)
point (r) is replaced by the following:
‘(r)
“port area” means an area other than a sea area established pursuant to Article 4, defined by the Member State with jurisdiction over it, extending to the outermost permanent harbour works forming an integral part of the harbour system, or to the limits defined by natural geographical features protecting an estuary or similar sheltered area;’;
(g)
point (s) is deleted;
(h)
point (u) is replaced by the following:
‘(u)
“port State” means a Member State to or from whose port or ports a ship or craft flying a flag other than the flag of that Member State is carrying out domestic voyages;’;
(i)
point (v) is replaced by the following:
‘(v)
“recognised organisation” means an organisation recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council (*1);
num: ‘Article 3
title: Scope
paragraphs: 1. This Directive applies to the following passenger ships and craft, regardless of their flag, when engaged on domestic voyages:
(a)
new and existing passenger ships of 24 metres in length and above;
(b)
high-speed passenger craft.
Each Member State, in its capacity as port State, shall ensure that passenger ships and high-speed passenger craft, flying the flag of a State which is not a Member State, fully comply with the requirements of this Directive, before they may be engaged on domestic voyages in that Member State.
2. This Directive does not apply to:
(a)
passenger ships which are:
(i)
ships of war and troopships;
(ii)
sailing ships;
(iii)
ships not propelled by mechanical means;
(iv)
vessels constructed in material other than steel or equivalent and not covered by the standards concerning High Speed Craft (Resolution MSC 36(63) or MSC.97(73)) or Dynamically Supported Craft (Resolution A.373(X));
(v)
wooden ships of primitive build;
(vi)
traditional ships;
(vii)
pleasure yachts;
(viii)
ships exclusively engaged in port areas;
(ix)
offshore service ships; or
(x)
tenders;
(b)
high-speed passenger craft which are:
(i)
craft of war and troopcraft;
(ii)
pleasure craft;
(iii)
craft exclusively engaged in port areas; or
(iv)
offshore service craft.
3. Member States which do not have seaports and which have no passenger ships or craft flying their flag that fall within the scope of this Directive may derogate from the provisions of this Directive except for the obligation set out in the second subparagraph.
Those Member States which intend to avail themselves of such derogation shall communicate to the Commission at the latest on 21 December 2019 if the conditions are met and shall inform the Commission annually thereafter of any subsequent change. Such Member States may not allow passenger ships or craft that fall within the scope of this Directive to fly their flag until they have transposed and implemented this Directive.’;
(3)
Article 4 is replaced by the following:
num: ‘Article 4
title: Categorisation of sea areas and classes of passenger ships
paragraphs: 1. Sea areas are divided into the following categories:
“Area A”
means a sea area outside of areas B, C and D.
“Area B”
means a sea area, whose geographical coordinates are at no point more than 20 miles from the line of coast, corresponding to the medium tide height, but which is outside of areas C and D.
“Area C”
means a sea area, whose geographical coordinates are at any point no more than 5 miles from the line of coast, corresponding to the medium tide height, but outside of sea area D if any.
Additionally the probability of the significant wave height exceeding 2,5 metres shall be smaller than 10 % for a period of one year for all-year-round operation, or for a specific period for seasonal operation, such as summer period operation.
“Area D”
means a sea area, whose geographical coordinates are at any point no more than 3 miles from the line of coast, corresponding to the medium tide height.
Additionally the probability of the significant wave height exceeding 1,5 metres shall be smaller than 10 % for a period of one year for all-year-round operation, or for a specific period for seasonal operation, such as summer period operation.
2. Each Member State shall:
(a)
establish, and update when necessary, a list of the sea areas within its jurisdiction;
(b)
determine the inner border of the sea area closest to the line of its coast;
(c)
publish the list in a public database available on the internet site of the competent maritime authority;
(d)
notify to the Commission the location of such information, and when modifications are made to the list.
3. By way of derogation from the obligation to establish a list of sea areas, Greece may establish, and shall update when necessary, a list of sea routes covering the sea routes in Greece, using the corresponding criteria for categories set out in paragraph 1.
4. Passenger ships are divided into the following classes according to the sea area in which they may operate:
“Class A”
means a passenger ship engaged on domestic voyages in Areas A, B, C and D.
“Class B”
means a passenger ship engaged on domestic voyages in Areas B, C and D.
“Class C”
means a passenger ship engaged on domestic voyages in Areas C and D.
“Class D”
means a passenger ship engaged on domestic voyages in Area D.
5. For high-speed passenger craft the categories defined in Chapter 1 (1.4.10) and (1.4.11) of the 1994 High Speed Craft Code, or Chapter 1 (1.4.12) and (1.4.13) of the 2000 High-Speed Craft Code shall apply.’;
(4)
Article 5 is amended as follows:
(a)
in paragraph 2, the second subparagraph is replaced by the following:
‘Each Member State, acting in its capacity as port State, shall recognise the High Speed Craft Safety Certificate and the Permit to Operate issued by another Member State for high-speed passenger craft, when engaged on domestic voyages, or the Passenger Ship Safety Certificate referred to in Article 13 issued by another Member State for passenger ships when engaged on domestic voyages.’;
(b)
paragraph 3 is deleted;
(c)
paragraph 4 is replaced by the following:
‘4. Marine equipment complying with the requirements laid down pursuant to Directive 2014/90/EU of the European Parliament and of the Council (*2) shall be deemed to be in conformity with the requirements of this Directive.
num: ‘Article 10a
title: Exercise of the delegation
paragraphs: 1. The power to adopt delegated acts referred to in Articles 10(3) and 10(4) is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 10(3) and 10(4) shall be conferred on the Commission for a period of seven years from 20 December 2017. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 10(3) and 10(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 10(3) or 10(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;
(11)
Article 11 is amended as follows:
(a)
paragraph 2 is replaced by the following:
‘2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*4) shall apply.
num: ‘Article 16a
title: Review
paragraphs: The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council by 22 December 2026’;
(16)
Annex I is amended as follows:
(a)
in paragraph 13.1 of Part A of Chapter II-2, the first subparagraph is replaced by the following:
‘In all ships general arrangement plans shall be permanently exhibited for the guidance of the ship's officers, showing clearly for each deck the control stations, the various fire sections enclosed by “A” class divisions, the sections enclosed by “B” class divisions together with particulars of the fire detection and fire alarm systems, the sprinkler installation, the fire-extinguishing appliances, means of access to different compartments, decks, etc. and the ventilating system including particulars of the fan control positions, the position of dampers and identification numbers of the ventilating fans serving each section. Alternatively the aforementioned details may be set out in a booklet, a copy of which shall be supplied to each officer, and one copy shall at all times be available on board in an accessible position. Plans and booklets shall be kept up to date, any alterations being recorded thereon as soon as practicable. Description in such plans and booklets shall be in the official language of the flag State. If the language is neither English nor French, a translation into one of these languages shall be included. In the case that the ship is engaged on domestic voyages in another Member State, a translation into the official language of that port State shall, if this language is neither English nor French, be included.’;
(b)
in the first paragraph of footnote 1 to the table in paragraph 2 of Chapter III, the introductory part is replaced by the following:
‘Survival craft may be lifeboats or life rafts or a combination of them in compliance with Regulation III/2.2. When justified by the sheltered nature of the voyages and/or the favourable climatic conditions of the area of operation, having regard to the recommendations in IMO MSC/Circ.1046, the Administration of the flag State may accept, if this is not rejected by the port Member State:’.
num: Article 2
title: Transposition
paragraphs: 1. By 21 December 2019, Member States shall adopt and publish the measures necessary to comply with this Directive. They shall immediately inform the Commission thereof.
They shall apply those measures from 21 December 2019.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
num: Article 3
title: Entry into force
paragraphs: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.