DIRECTIVE 2009/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 May 2009
on safety rules and standards for passenger ships
(Recast)
(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 European Economic and Social Committee (1),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (3) has been substantially amended several times (4). Since further amendments are to be made, it should be recast in the interests of clarity.
(2)
Within the framework of the common transport policy measures must be adopted to enhance safety in maritime transport.
(3)
The Community is seriously concerned about shipping casualties in which passenger ships were involved resulting in a massive loss of life. Persons using passenger ships and high-speed passenger craft throughout the Community have the right to expect and to rely on an appropriate level of safety on board.
(4)
Work equipment and personal protective equipment of workers are not covered by this Directive, because the provisions of 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 the relevant provisions of its relevant individual directives are applicable to the use of such equipment on passenger ships engaged on domestic voyages.
(5)
The provision of maritime passenger transport services between Member States has already been liberalised by Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (6). The application of the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) has been provided for by Council Regulation (EEC) No 3577/92 (7).
(6)
To attain a high level of safety, and to remove barriers to trade, it is necessary to establish harmonised safety standards at an appropriate level for passenger ships and craft operating domestic services. Standards for vessels operating international voyages are being developed within the International Maritime Organization (IMO). Procedures to request action at the IMO in order to bring the standards for international voyages into line with the standards of this Directive should be available.
(7)
In view, in particular, of the internal market dimension of maritime passenger transport, action at Community level is the only possible way to establish a common level of safety for ships throughout the Community.
(8)
In view of the principle of proportionality, a Directive is the appropriate legal instrument as it provides a framework for a uniform and compulsory application of the safety standards by Member States, while leaving to each Member State the right to decide the implementation tools that best fit its internal system.
(9)
In the interests of improving safety and avoiding distortions of competition the common safety requirements should apply to passenger ships and high-speed passenger craft engaged on domestic voyages in the Community, irrespective of the flag they fly. It is, however, necessary to exclude some categories of ships for which the rules of this Directive are technically unsuitable or economically unviable.
(10)
Passenger ships should be divided into different classes depending upon the range and conditions of the sea areas in which they operate. High-speed passenger craft should be categorised in accordance with the provisions of the High-Speed Craft Code established by the IMO.
(11)
The main reference framework for the safety standards should be the 1974 International Convention for the Safety of Life at Sea (the 1974 SOLAS Convention), as amended, which encompasses internationally agreed standards for passenger ships and high-speed passenger craft engaged on international voyages, as well as appropriate Resolutions adopted by the IMO and other measures complementing and interpreting that Convention.
(12)
The various classes of both new and existing passenger ships require a different approach for establishing safety requirements guaranteeing an equivalent safety level in view of the specific needs and limitations of those various classes. It is appropriate to make distinctions in the safety requirements to be respected as between new and existing ships since imposing the rules for new ships on existing ships would involve such extensive structural changes as to make them economically unviable.
(13)
The financial and technical implications arising from the upgrading of existing ships to the standards provided for by this Directive justify certain transitional periods.
(14)
In view of the substantial differences in the design, construction and use of high-speed passenger craft compared to traditional passenger ships, such craft should be required to respect special rules.
(15)
Shipborne marine equipment, complying with the provisions of Council Directive 96/98/EC of 20 December 1996 on marine equipment (8), when installed on board a passenger ship, should not be subject to additional tests since such equipment is already subject to the standards and procedures of that Directive.
(16)
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 (9) introduced strengthened stability requirements for ro-ro passenger vessels operating on international services to and from Community ports, and this enhanced measure should also apply to certain categories of such vessels operating on domestic services under the same sea conditions. Failure to apply such stability requirements should be grounds for phasing out ro-ro passenger ships after a certain number of years of operation. In view of the structural modifications that the existing ro-ro passenger ships may need to undergo in order to comply with the specific stability requirements, those requirements should be introduced over a period of years in order to give the part of the industry affected sufficient time to comply: to that end, provision should be made for a phasing-in timetable for existing ships. This phasing-in timetable should not affect the enforcement of the specific stability requirements in the sea areas covered by the Annexes to the Stockholm Agreement of 28 February 1996.
(17)
It is important to apply appropriate measures to ensure access in safe conditions for persons with reduced mobility to passenger ships and high-speed passenger craft operating on domestic services in the Member States.
(18)
Subject to control under the Committee procedure, Member States may adopt additional safety requirements if justified by local circumstances, permit the use of equivalent standards, or adopt exemptions from the provisions of this Directive under certain operating conditions, or adopt safeguard measures in exceptional dangerous circumstances.
(19)
Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) (10) centralised the tasks of the committees established under the pertinent Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions.
(20)
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).
(21)
In particular, the Commission should be empowered to adapt certain provisions of this Directive, including its Annexes, to take account of developments at international level and specifically amendments to International Conventions. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(22)
In order to monitor the effective implementation and enforcement of this Directive, surveys should be carried out on new and existing passenger ships and craft. Compliance with this Directive should be certified by or on behalf of the Administration of the flag State.
(23)
In order to ensure full application of this Directive, Member States should lay down a system of penalties for breach of the national provisions adopted pursuant to this Directive and should monitor compliance with the provisions of this Directive on the basis of provisions modelled on those laid down in Council Directive 95/21/EC of 19 June 1995 on port State control of shipping (12).
(24)
The new elements introduced into this Directive only concern the committee procedures. They therefore do not need to be transposed by the Member States.
(25)
This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IV, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Purpose
The purpose of this Directive is to introduce a uniform level of safety of life and property on new and existing passenger ships and high-speed passenger craft, when both categories of ships and craft are engaged on domestic voyages, and to lay down procedures for negotiation at international level with a view to a harmonisation of the rules for passenger ships engaged on international voyages.
Article 2
Definitions
For the purposes of this Directive:
(a)
‘International Conventions’ means the 1974 International Convention for the Safety of Life at Sea (the 1974 SOLAS Convention), as amended, and the 1966 International Convention on Load Lines, together with the Protocols and amendments thereto;
(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, as amended;
(c)
‘High-Speed Craft Code’ means the ‘International Code for Safety of High-Speed Craft’ contained in IMO Maritime Safety Committee Resolution MSC.36(63) of 20 May 1994, in its up-to-date version;
(d)
‘GMDSS’ means the Global Maritime Distress and Safety System as laid down in Chapter IV of the 1974 SOLAS Convention, as amended;
(e)
‘a passenger ship’ means a ship which carries more than 12 passengers;
(f)
‘ro-ro passenger ship’ means a ship carrying more than 12 passengers, having ro-ro cargo spaces or special category spaces, as defined in Regulation II-2/A/2 contained in Annex I;
(g)
‘high-speed passenger craft’ means a high-speed craft as defined in Regulation X/1 of the 1974 SOLAS Convention, as amended, which carries more than 12 passengers, with the exception of passenger ships engaged on domestic voyages in sea areas of Class B, C or D when:
(i)
their displacement corresponding to the design waterline is less than 500 m3; and
(ii)
their maximum speed, as defined in paragraph 1.4.30 of the High-Speed Craft Code, is less than 20 knots;
(h)
‘new ship’ means a ship the keel of which was laid or which was at a similar stage of construction on or after 1 July 1998; a ‘similar stage of construction’ means the stage at which:
(i)
construction identifiable with a specific ship begins; and
(ii)
assembly of that ship has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less;
(i)
‘existing ship’ means a ship which is not a new ship;
(j)
‘age’ means the age of the ship, expressed in terms of the number of years after the date of its delivery;
(k)
‘passenger’ means every person other than:
(i)
the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and
(ii)
a child under one year of age;
(l)
‘length of a ship’, unless expressly provided otherwise, means 96 % of the total length on a water line at 85 % of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
(m)
‘bow height’ means the bow height defined in Regulation 39 of the 1966 International Convention on Load Lines as the vertical distance at the forward perpendicular between the waterline corresponding to the assigned summer freeboard and the designed trim and the top of the exposed deck at side;
(n)
‘ship with a full deck’ means a ship that is provided with a complete deck, exposed to weather and sea, which has permanent means of closing all openings in the weatherpart thereof and below which all openings in the sides of the ship are fitted with permanent means of at least weathertight closing;
the complete deck may be a watertight deck or equivalent structure consisting of a non-watertight deck completely covered by a weathertight structure of adequate strength to maintain the weathertight integrity and fitted with weathertight closing appliances;
(o)
‘international voyage’ means a voyage by sea from a port of a Member State to a port outside that Member State, or conversely;
(p)
‘domestic voyage’ means a voyage in sea areas from a port of a Member State to the same or another port within that Member State;
(q)
‘sea area’ means an area as established pursuant to Article 4(2);
however, for the application of the provisions on radiocommunication, the definitions of sea areas will be those defined in Regulation 2, Chapter IV of the 1974 SOLAS Convention, as amended;
(r)
‘port area’ means an area other than a sea area, as defined by the Member States, 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;
(s)
‘place of refuge’ means any naturally or artificially sheltered area which may be used as a shelter by a ship or craft under conditions likely to endanger its safety;
(t)
‘Administration of the flag State’ means the competent authorities of the State whose flag the ship or craft is entitled to fly;
(u)
‘host State’ means a Member State to or from whose port(s) a ship or craft, flying a flag other than the flag of that Member State, is carrying out domestic voyages;
(v)
‘recognised organisation’ means an organisation recognised in conformity with Article 4 of 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 (13);
(w)
‘a mile’ is 1 852 metres;
(x)
‘significant wave height’ means the average height of the highest third of wave heights observed over a given period;
(y)
‘persons with reduced mobility’ means anyone who has a particular difficulty when using public transport, including elderly persons, disabled persons, persons with sensory impairments and wheelchair users, pregnant women and persons accompanying small children.
Article 3
Scope
1. This Directive applies to the following passenger ships and craft, regardless of their flag, when engaged on domestic voyages:
(a)
new passenger ships;
(b)
existing passenger ships of 24 metres in length and above;
(c)
high-speed passenger craft.
Each Member State, in its capacity as host 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)
ships not propelled by mechanical means;
(iii)
vessels constructed in material other than steel or equivalent and not covered by the standards concerning High Speed Craft (Resolution MSC 36 (63)) or Dynamically Supported Craft (Resolution A.373 (X));
(iv)
wooden ships of primitive build;
(v)
original, and individual replicas of, historical passenger ships designed before 1965, built predominantly with the original materials;
(vi)
pleasure yachts unless they are or will be crewed and carrying more than 12 passengers for commercial purposes; or
(vii)
ships exclusively engaged in port areas;
(b)
high-speed passenger craft which are:
(i)
craft of war and troopcraft;
(ii)
pleasure craft, unless they are or will be crewed and carrying more than 12 passengers for commercial purposes; or
(iii)
craft exclusively engaged in port areas.
Article 4
Classes of passenger ships
1. Passenger ships are divided into the following classes according to the sea area in which they operate:
‘Class A’
means a passenger ship engaged on domestic voyages other than voyages covered by Classes B, C and D.
‘Class B’
means a passenger ship engaged on domestic voyages in the course of which it is at no time more than 20 miles from the line of coast, where shipwrecked persons can land, corresponding to the medium tide height.
‘Class C’
means a passenger ship engaged on domestic voyages in sea areas where the probability of exceeding 2,5 metres significant wave height is smaller than 10 % over a one-year period for all-year-round operation, or over a specific restricted period of the year for operation exclusively in such period (e.g. summer period operation), in the course of which it is at no time more than 15 miles from a place of refuge, nor more than 5 miles from the line of coast, where shipwrecked persons can land, corresponding to the medium tide height.
‘Class D’
means a passenger ship engaged on domestic voyages in sea areas where the probability of exceeding 1,5 metres significant wave height is smaller than 10 % over a one-year period for all-year-round operation, or over a specific restricted period of the year for operation exclusively in such period (e.g. summer period operation), in the course of which it is at no time more than 6 miles from a place of refuge, nor more than 3 miles from the line of coast, where shipwrecked persons can land, corresponding to the medium tide height.
2. Each Member State shall:
(a)
establish, and update when necessary, a list of sea areas under its jurisdiction, delimiting the zones for all-year-round operation and, where appropriate, restricted periodical operation of the classes of ships, using the criteria for classes set out in paragraph 1;
(b)
publish the list in a public database available on the Internet site of the competent maritime authority;
(c)
notify to the Commission the location of such information, and when modifications are made to the list.
3. For high-speed passenger craft the categories defined in Chapter 1 (1.4.10) and (1.4.11) of the High-Speed Craft Code shall apply.
Article 5
Application
1. Both new and existing passenger ships and high-speed passenger craft, when engaged on domestic voyages, shall comply with the relevant safety rules and standards laid down in this Directive.
2. Member States shall not withhold from operation, for reasons arising from this Directive, passenger ships or high-speed passenger craft, when engaged on domestic voyages, which comply with the requirements of this Directive, including any additional requirements imposed by a Member State in accordance with Article 9(1).
Each Member State, acting in its capacity as host State, shall recognise the High Speed Craft Safety Certificate and 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.
3. A host State may inspect a passenger ship or a high-speed passenger craft, when engaged on domestic voyages, and audit its documentation, in accordance with the provisions of Directive 95/21/EC.
4. All shipborne marine equipment, as listed in Annex A.1 to Directive 96/98/EC and complying with the provisions of the latter, shall be considered to be in conformity with the provisions of this Directive, whether or not Annex I to this Directive requires equipment to be approved and subjected to tests to the satisfaction of the Administration of the flag State.
Article 6
Safety requirements
1. With regard to new and existing passenger ships of Classes A, B, C and D:
(a)
the construction and maintenance of the hull, main and auxiliary machinery, electrical and automatic plants shall comply with the standards specified for classification by the rules of a recognised organisation, or equivalent rules used by an Administration in accordance with Article 14(2) of Directive 94/57/EC;
(b)
the provisions of Chapters IV, including the 1988 GMDSS amendments, V and VI of the 1974 SOLAS Convention, as amended, shall apply;
(c)
the provisions for shipborne navigational equipment of Regulation 12, Chapter V of the 1974 SOLAS Convention, as amended, shall apply. Shipborne navigational equipment, as listed in Annex A.1 to Directive 96/98/EC and complying with the provisions of the latter, shall be considered to be in conformity with the type approval requirements of SOLAS regulation V/12(r), as amended.
2. With regard to new passenger ships:
(a)
general requirements:
(i)
new passenger ships of Class A shall comply entirely with the requirements of the 1974 SOLAS Convention, as amended, and with the specific relevant requirements specified in this Directive; for those regulations for which the 1974 SOLAS Convention, as amended, leaves the interpretation to the discretion of the Administration, the Administration of the flag State shall apply the interpretations as contained in Annex I to this Directive;
(ii)
new passenger ships of Classes B, C, and D shall comply with the specific relevant requirements specified in this Directive;
(b)
load line requirements:
(i)
all new passenger ships of 24 metres in length and above shall comply with the 1966 International Convention on Load Lines;
(ii)
criteria with a level of safety equivalent to those of the 1966 International Convention on Load Lines shall be applied, in relation to length and Class, to new passenger ships of less than 24 metres in length;
(iii)
notwithstanding points (i) and (ii), new passenger ships of Class D are exempted from the minimum bow height requirement laid down in the 1966 International Convention on Load Lines;
(iv)
new passenger ships of Classes A, B, C, and D shall have a full deck.
3. With regard to existing passenger ships:
(a)
existing passenger ships of Class A shall comply with the regulations for existing passenger ships defined in the 1974 SOLAS Convention, as amended, and with the specific relevant requirements in this Directive; for those regulations for which the 1974 SOLAS Convention, as amended, leaves the interpretation to the discretion of the Administration, the Administration of the flag State shall apply the interpretations as contained in Annex I to this Directive;
(b)
existing passenger ships of Class B shall comply with the specific relevant requirements in this Directive;
(c)
existing passenger ships of Classes C and D shall comply with the specific relevant requirements in this Directive and in respect of matters not covered by such requirements with the rules of the Administration of the flag State; such rules shall provide an equivalent level of safety to that of Chapters II-1 and II-2 of Annex I, while taking into account the specific local operational conditions related to the sea areas in which ships of such classes may operate;
before existing passenger ships of Classes C and D can be engaged on regular domestic voyages in a host State, the Administration of the flag State shall obtain concurrence of the host State on such rules;
(d)
where a Member State is of the view that rules required by the Administration of the host State pursuant to point (c) are unreasonable, it shall immediately notify the Commission thereof; the Commission shall initiate proceedings in order to take a decision in accordance with the procedure referred to in Article 11(2);
(e)
repairs, alterations and modifications of a major character and outfitting related thereto shall be in compliance with the requirements for new ships as prescribed in point (a) of paragraph 2; alterations made to an existing ship which are intended solely to achieve a higher survivability standard shall not be regarded as modifications of a major character;
(f)
the provisions of point (a), unless earlier dates are specified in the 1974 SOLAS Convention, as amended, and the provisions of points (b) and (c), unless earlier dates are specified in Annex I to this Directive, shall not be applied in relation to a ship the keel of which was laid or which was at a similar stage of construction:
(i)
before 1 January 1940: until 1 July 2006;
(ii)
on or after 1 January 1940 but before 31 December 1962: until 1 July 2007;
(iii)
on or after 1 January 1963 but before 31 December 1974: until 1 July 2008;
(iv)
on or after 1 January 1975 but before 31 December 1984: until 1 July 2009;
(v)
on or after 1 January 1985 but before 1 July 1998: until 1 July 2010.
4. With regard to high-speed passenger craft:
(a)
high-speed passenger craft constructed or subjected to repairs, alterations or modifications of a major character on or after 1 January 1996 shall comply with the requirements of Regulation X/3 of the 1974 SOLAS Convention, as amended, unless:
(i)
their keel was laid or they were at a similar stage of construction not later than 4 June 1998,
(ii)
delivery and commissioning has taken place not later than 4 December 1998, and
(iii)
they fully comply with the requirements of the Code of Safety for Dynamically Supported Craft (DSC Code) contained in IMO Assembly Resolution A.373(X) of 14 November 1977, as amended by Maritime Safety Committee Resolution MSC 37(63) of 19 May 1994;
(b)
high-speed passenger craft constructed before 1 January 1996 and complying with the requirements of the High-Speed Craft Code shall continue operation certified under that Code;
high-speed passenger craft constructed before 1 January 1996 and not complying with the requirements of the High-Speed Craft Code may not be engaged on domestic voyages unless they were already in operation on domestic voyages in a Member State on 4 June 1998, in which case they may be allowed to continue their domestic operation in that Member State; such craft shall comply with the requirements of the DSC Code;
(c)
the construction and maintenance of high-speed passenger craft and their equipment shall comply with the rules for the classification of high-speed craft of a recognised organisation, or equivalent rules used by an Administration in accordance with Article 14(2) of Directive 94/57/EC.
Article 7
Stability requirements and phasing-out of ro-ro passenger ships
1. All ro-ro passenger ships of Classes A, B, and C, the keel of which was laid or which were at a similar stage of construction on or after 1 October 2004 shall comply with Articles 6, 8 and 9 of Directive 2003/25/EC.
2. All ro-ro passenger ships of Classes A and B the keel of which was laid or which were at a similar stage of construction before 1 October 2004 shall comply with Articles 6, 8 and 9 of Directive 2003/25/EC by 1 October 2010, unless they are phased out on that date or on a later date on which they reach the age of 30 years, but in any case not later than 1 October 2015.
Article 8
Safety requirements for persons with reduced mobility
1. Member States shall ensure that appropriate measures are taken, based, where practicable, on the guidelines in Annex III, to enable persons with reduced mobility to have safe access to all passenger ships of Classes A, B, C and D and to all high-speed passenger craft used for public transport the keel of which was laid or which were at a similar stage of construction on or after 1 October 2004.
2. Member States shall cooperate with and consult organisations representing persons with reduced mobility on the implementation of the guidelines included in Annex III.
3. For the purpose of modification of passenger ships of Classes A, B, C and D and high-speed passenger craft used for public transport the keel of which was laid or which were at a similar stage of construction before 1 October 2004, Member States shall apply the guidelines in Annex III as far as reasonable and practicable in economic terms.
Member States shall draw up a national action plan on how the guidelines are to be applied to such ships and craft. They shall forward that plan to the Commission not later than 17 May 2005.
4. Member States shall, not later than 17 May 2006, report to the Commission on the implementation of this Article as regards all passenger ships referred to in paragraph 1, passenger ships referred to in paragraph 3 certified to carry more than 400 passengers and all high-speed passenger craft.
Article 9
Additional safety requirements, equivalents, exemptions and safeguard measures
1. If a Member State or group of Member States considers that the applicable safety requirements should be improved in certain situations due to specific local circumstances and if the need therefor is demonstrated, they may, subject to the procedure laid down in paragraph 4, adopt measures to improve the safety requirements.
2. A Member State may, subject to the procedure laid down in paragraph 4, adopt measures allowing equivalents for the regulations contained in Annex I, provided that such equivalents are at least as effective as such regulations.
3. Provided there is no reduction in the level of safety and subject to the procedure laid down in paragraph 4, a Member State may adopt measures to exempt ships from certain specific requirements of this Directive for domestic voyages to be carried out in that State, including in its archipelagic sea areas sheltered from open sea effects, under certain operating conditions, such as smaller significant wave height, restricted year period, voyages only during daylight time or under suitable climatic or weather conditions, or restricted trip duration, or proximity of rescue services.
4. A Member State which avails itself of the provisions of paragraph 1, 2 or 3 shall proceed in accordance with the second to sixth subparagraphs of this paragraph.
The Member State shall notify the Commission of the measures which it intends to adopt, including particulars to the extent necessary to confirm that the level of safety is adequately maintained.
If, within a period of six months from the notification, it is decided, in accordance with the procedure referred to in Article 11(2), that the proposed measures are not justified, the said Member State shall be required to amend or not to adopt the proposed measures.
The adopted measures shall be specified in the relevant national legislation and communicated to the Commission, which shall inform the other Member States of all particulars thereof.
Any such measures shall be applied to all passenger ships of the same Class or to craft when operating under the same specified conditions, without discrimination with regard to their flag or to the nationality or place of establishment of their operator.
The measures referred to in paragraph 3 shall apply only for as long as the ship or craft operates under the specified conditions.
5. Where a Member State considers that a passenger ship or craft operating on a domestic voyage within that State, notwithstanding the fact that it is complying with the provisions of this Directive, creates a risk of serious danger to safety of life or property, or environment, the operation of that ship or craft may be suspended or additional safety measures may be imposed, until such time as the danger is removed.
In the above circumstances the following procedure shall apply:
(a)
the Member State shall inform the Commission and the other Member States of its decision without delay, giving substantiated reasons therefor;
(b)
the Commission shall examine whether the suspension or the additional measures are justified for reasons of serious danger to safety and to the environment;
(c)
it shall be decided, in accordance with the procedure referred to in Article 11(2), whether or not the decision of the Member State to suspend the operation of such ship or craft or to impose the additional measures is justified for reasons of serious danger to safety of life or property, or to the environment, and, if the suspension or the measures are not justified, that the Member State concerned shall be required to withdraw the suspension or the measures.
Article 10
Adaptations
1. The following may be adapted in order to take account of developments at international level, in particular within the IMO:
(a)
the definitions in points (a), (b), (c), (d) and (v) of Article 2;
(b)
the provisions relating to procedures and guidelines for surveys referred to in Article 12;
(c)
the provisions concerning the 1974 SOLAS Convention, as amended, and the High-Speed Craft Code, including its subsequent amendments, laid down in Articles 4(3), 6(4), 12(3) and 13(3);
(d)
the specific references to the ‘International Conventions’ and IMO resolutions referred to in points (g), (m) and (q) of Article 2, point (a) of Article 3(2), points (b) and (c) of Article 6(1), point (b) of Article 6(2) and Article 13(3).
2. Annexes may be amended in order to:
(a)
apply, for the purpose of this Directive, amendments made to the International Conventions;
(b)
improve the technical specifications thereof, in the light of experience.
3. The measures referred to in paragraphs 1 and 2 of this Article, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).
4. The amendments to the international instruments referred to in Article 2 of this Directive may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002.
Article 11
Committee
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) established by Article 3 of Regulation (EC) No 2099/2002.
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 two months.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 12
Surveys
1. Each new passenger ship shall be subjected by the Administration of the flag State to the surveys specified in points (a), (b) and (c):
(a)
a survey before the ship is put into service;
(b)
a periodical survey once every 12 months; and
(c)
additional surveys, as the occasion arises.
2. Each existing passenger ship shall be subjected by the Administration of the flag State to the surveys specified in points (a), (b) and (c):
(a)
an initial survey, before the ship is put into service on domestic voyages in a host State, for existing ships engaged on domestic voyages in the Member State the flag of which they are entitled to fly;
(b)
a periodical survey once every 12 months; and
(c)
additional surveys, as the occasion arises.
3. Each high-speed passenger craft having to comply, in accordance with the provisions of Article 6(4) of this Directive, with the requirements of the High-Speed Craft Code (HSC Code), shall be made subject by the Administration of the flag State to the surveys required in that Code.
High-speed passenger craft having to comply, in accordance with Article 6(4) of this Directive, with the requirements of the DSC Code shall be made subject by the Administration of the flag State to the surveys required in the DSC Code.
4. The relevant procedures and guidelines for surveys for the Passenger Ship Safety Certificate specified in IMO Assembly Resolution A.746(18) of 4 November 1993 on survey guidelines under the harmonised system of survey and certification, or procedures designed to achieve the same goal, shall be followed.
5. The surveys mentioned in paragraphs 1, 2 and 3 shall be carried out exclusively by the surveyors of the Administration of the flag State itself, or of a recognised organisation or of the Member State authorised by the flag State to carry out surveys, with the purpose of ensuring that all applicable requirements of this Directive are complied with.
Article 13
Certificates
1. All new and existing passenger ships shall be provided with a Passenger Ship Safety Certificate in compliance with this Directive. The certificate shall have a format as laid down in Annex II. This certificate shall be issued by the Administration of the flag State after an initial survey, as described in point (a) of Article 12(1) and point (a) of Article 12(2), has been carried out.
2. The Passenger Ship Safety Certificate shall be issued for a period not exceeding 12 months. The period of validity of the certificate may be extended by the Administration of the flag State for a period of grace of up to one month from the date of expiry stated on it. When an extension has been granted, the new period of validity of the certificate shall start from the expiry date of the existing certificate before its extension.
Renewal of the Passenger Ship Safety Certificate shall be issued after a periodical survey, as described in point (b) of Article 12(1) and point (b) of Article 12(2), has been carried out.
3. For high-speed passenger craft complying with the requirements of the HSC Code, a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft shall be issued by the Administration of the flag State, in accordance with the provisions of the HSC Code.
For high-speed passenger craft complying with the requirements of the DSC Code, a DSC Construction and Equipment Certificate and a DSC Permit to Operate shall be issued by the Administration of the flag State, in accordance with the provisions of the DSC Code.
Before issuing the Permit to Operate for high-speed passenger craft engaged on domestic voyages in a host State, the Administration of the flag State shall concur with the host State on any operational conditions associated with operation of the craft in that State. Any such conditions shall be shown by the Administration of the flag State on the Permit to Operate.
4. Exemptions granted to ships or craft under and in accordance with the provisions of Article 9(3) shall be noted on the ship's or the craft's certificate.
Article 14
1974 SOLAS Convention regulations
1. With regard to passenger ships engaged on international voyages the Community shall submit requests to the IMO:
(a)
to expedite the ongoing work within the IMO to revise the regulations of Chapters II-1, II-2 and III of the 1974 SOLAS Convention, as amended, containing issues left to the discretion of the Administration, to establish harmonised interpretations for those regulations and to adopt amendments to the latter accordingly; and
(b)
to adopt measures for mandatory application of the principles underlying the provisions of MSC Circular 606 on Port State Concurrence with SOLAS Exemptions.
2. The requests referred to in paragraph 1 shall be made by the Presidency of the Council and by the Commission, on the basis of the harmonised regulations laid down in Annex I.
All Member States shall do their utmost to ensure that the IMO undertakes the development of the said regulations and measures expeditiously.
Article 15
Penalties
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 the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Article 16
Notification
Member States shall immediately notify to the Commission the main provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.
Article 17
Repeal
Directive 98/18/EC, as amended by the Directives listed in Annex IV, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IV, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.
Article 18
Entry into force
This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
Article 19
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 6 May 2009.