COMMISSION DIRECTIVE 2005/12/EC
of 18 February 2005
amending Annexes I and II to Directive 2003/25/EC of the European Parliament and of the Council on specific stability requirements for ro-ro passenger ships
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships (1), and in particular Article 10 thereof,
Whereas:
(1)
Directive 2003/25/EC applies to all ro-ro passenger ships operating to or from a port of a Member State on a regular service, regardless of their flag, when engaged on international voyages.
(2)
Article 6 of Directive 2003/25/EC provides that ro-ro passenger ships shall comply with specific stability requirements which are set out in detail in Annex I to that Directive and that Member States shall use in the application of these requirements the guidelines set out in Annex II thereto.
(3)
Article 10 of Directive 2003/25/EC provides that the Annexes to the Directive may be amended in accordance with the procedure referred to in Article 11(2), in order to take account of developments at international level and particularly at the International Maritime Organisation (IMO).
(4)
IMO Resolution MSC 141(76) of 5 December 2002 introduced a revised model test method and associated guidance notes under Resolution 14 of the 1995 SOLAS (Safety of Life at Sea) Conference. Resolution 14 concerns regional agreements on specific stability requirements for ro-ro passenger ships.
(5)
The revised model test method should supersede the previously applied model test method provided for in Directive 2003/25/EC. Any ship having passed the test according to the previously applied model test method need not to do the test again.
(6)
Directive 2003/25/EC should therefore be amended accordingly.
(7)
The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, set up by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (2),
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 2003/25/EC is amended as follows:
1.
Annex I is amended as follows:
(a)
paragraph 2.3 is replaced by the following:
‘2.3.
the tightness of transverse or longitudinal bulkheads which are taken into account as effective to confine the assumed accumulated sea water in the compartment concerned in the damaged ro-ro deck shall be commensurate with the drainage system, and shall withstand hydrostatic pressure in accordance with the results of the damage calculation. Such bulkheads shall be at least 4 m in height unless the height of water is less than 0,5 m. In such cases the height of the bulkhead may be calculated in accordance with the following:
Bh = 8hw
where:
Bh is the bulkhead height;
and hw is the height of water.
In any event, the minimum height of the bulkhead should be not less than 2,2 m. However, in case of a ship with hanging car decks, the minimum height of the bulkhead shall be not less than the height to the underside of the hanging deck when in its lowered position;’
(b)
the Appendix entitled ‘Model test method’, is replaced by the text shown in Annex I to this Directive;
2.
in Annex II, Part II, entitled ‘Model testing’, is replaced by the text shown in Annex II to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 12 months after its date of entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
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 communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 18 February 2005.