Commission Regulation (EC) No 1970/2002
of 4 November 2002
amending Council Regulation (EC) No 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)(1), as amended by Commission Regulation (EC) No 179/98(2), and in particular Article 9 thereof,
Whereas:
(1) Regulation (EC) No 3051/95 provides that companies and Member States shall comply with the provisions of the International Safety Management Code adopted by the International Maritime Organisation (IMO) through Assembly Resolution A.741 (18) of 4 November 1993, in respect of ro-ro ferries operating to or from ports of the Member States of the Community.
(2) With a view to ensuring uniform implementation of the ISM Code, Regulation (EC) No 3051/95 contains provisions for administrations, based upon the Guidelines on implementation of the International Safety Management Code (ISM) by Administrations, adopted by the International Maritime Organisation (IMO) through Assembly Resolution A.788 (19) of 23 November 1995.
(3) These IMO Resolutions have been amended by the International Maritime Organisation (IMO) through Resolution MSC.104 (73), adopted on 5 December 2000, and Resolution A.913 (22), adopted on 29 November 2001.
(4) It is necessary to take account of developments at international level by introducing detailed rules concerning certification and verification.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee provided for in Article 12 of Council Directive 93/75/EEC(3), as last amended by Commission Directive 98/74/EC(4),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 3051/95 is amended as follows:
1. Article 2(e) is replaced by the following: "(e) 'ISM Code' means the International Management Code for the Safe Operation of Ships and for Pollution Prevention, adopted by the International Maritime Organisation (IMO) through Assembly Resolution A.741 (18) of 4 November 1993, as amended by IMO Resolution MSC.104 (73) of 5 December 2000 and annexed to this Regulation.";
2. Article 2(h) is replaced by the following: "(h) 'safety management certificate' means the certificate issued to ro-ro ferries in conformity with paragraph 13.7 of the ISM Code.";
3. Article 4(1) is replaced by the following: "1. All companies shall comply with all the provisions of paragraphs 1.2 to 13.1 and of paragraph 13.6 of the ISM Code, as if the provisions thereof were mandatory, as a requirement for their vessels to provide regular services to or from a port of a Member State of the Community.";
4. Article 5(1) is replaced by the following: "1. Member States shall comply with the provisions of paragraph 13.2, 13.3, 13.4, 13.5, 13.7 to 13.11, 14 and 16 of the ISM Code as if the provisions thereof were mandatory, in relation to companies and ro-ro ferries.";
5. the Annex is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 November 2002.