1999L0035 — EN — 29.11.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE1999/35/EC
of29April1999
on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed
passengercraftservices
(OJ L 138, 1.6.1999, p. 1)
Amended by:
Official Journal
No page date
►M1Directive 2002/84/EC of the European Parliament and of the Council of
5 November 2002L 324 53 29.11.2002
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COUNCILDIRECTIVE1999/35/EC
of29April1999
onasystemofmandatorysurveysforthesafeoperationofregular
ro-roferry andhigh-speedpassengercraftservices
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 84(2),
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
Acting in accordance with the procedure referred to in Article 189c of
the Treaty(3),
(1)Whereas within the framework of the common transport policyfurther measures must be taken to improve safety in the mari-time transport of passengers;
(2)Whereas the Community is seriously concerned by shippingaccidents involving ro-ro ferries which have resulted in amassive loss of life; whereas persons using ro-ro ferries andhigh-speed passenger craft throughout the Community have theright to expect and to be able to rely on an appropriate level ofsafety;
(3)Whereas the Council invited the Commission, in its resolution of22 December 1994 on the safety of roll-on/roll-off passengerferries(
4), to submit proposals for a mandatory survey and
control regime for the safety of all ro-ro passenger ferries oper-ating to or from ports of the Community, including the right of
investigation of marine casualties;
(4)Whereas in view, in particular, of the internal market dimension
of maritime passenger transport, action at Community level isthe most effective way of establishing a common minimum levelof safety for ships throughout the Community;
(5)Whereas action at Community level is the best way to ensure theharmonised enforcement of some principles agreed on within theInternational Maritime Organisation (IMO), thus avoiding distor-tions of competition between different Community ports and ro-ro ferries and high-speed passenger craft;
(6)Whereas, in view of the proportionality principle, a CouncilDirective is the appropriate legal instrument as it provides aframework for the Member States' uniform and compulsoryapplication of the common safety standards, while leaving eachMember State the right to decide which implementation toolsbest fit its internal system;
(7)Whereas the safety of ships is primarily the responsibility of flagStates; whereas each Member State should ensure compliancewith the safety requirements applicable to the ro-ro ferries andhigh speed passenger craft flying the flag of that Member Stateand to the companies that operate them;1999L0035 — EN — 29.11.2002 — 001.001 — 2
(1) OJ C 108, 7.4.1998, p. 122.
(2) OJ C 407, 28.12.1998, p. 106.
(3) Opinion of the European Parliament of 7 October 1998 (OJ C 328,
26.10.1998, p. 82), Council Common Position of 21 December 1998 (OJ C
49, 22.2.1999, p. 15) and Decision of the European Parliament of 10
February 1999 (not yet published in the Official Journal).
(4) OJ C 379, 31.12.1994, p. 8.
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(8)Whereas port State control does not provide for regular in-depth
preventive surveys and verifications for ro-ro ferries and high
speed passenger craft; whereas it therefore should be verifiedthat companies and their ferries and craft comply with the safetystandards agreed within the IMO and, where appropriate, atregional level, through a system of regular mandatory inspec-tions by host States; whereas companies should be prevented
from operating such ferries and craft if these inspections reveal
dangerous non-conformity with these safety standards;
(9)Whereas this Directive addresses the Member States in theircapacity as host States; whereas the responsibilities exercised inthat capacity are based on specific port State responsibilities thatare fully in line with the 1982 United Nations Convention on theLaw of the Sea (Unclos);
(10)Whereas in the interest of improving safety and avoiding distor-tion of competition, the common safety standards should apply
to all ro-ro ferries and high-speed passenger craft, regardless of
the flag they fly, providing regular services to or from a port inthe Member States both on international voyages and ondomestic voyages in sea areas beyond 20 miles from a coastline where shipwrecked persons can land, while leaving the
possibility to the Member States to extend the scope of applica-
tion of the Directive to ro-ro ferries and high-speed passengercraft operating on domestic voyages in sea areas within 20 milesfrom a coast line;
(11)Whereas it is necessary that host States check whether the ro-roferries and high-speed passenger craft operating to and fromCommunity ports conform to certain harmonised requirementsfor certification and survey by the flag State;
(12)Whereas those ro-ro ferries and high-speed passenger craft
should also conform, at the building stage and during their entire
lifetime, with the applicable classification standards as regardsthe construction and maintenance of their hull, main andauxiliary machinery, electrical installation and control installa-tion and should be fitted with a voyage data recordercomplying with the relevant international requirements;
(13)Whereas host States should check that the companies providing
those services operate their ro-ro ferries and high-speed
passenger craft so as to guarantee maximum safety; whereasinterested Member States, other than the flag State, should beallowed to participate fully in any investigation of a marinecasualty;
(14)Whereas it is fundamental to check that third flag State adminis-trations concur with the companies' commitments to cooperatewith any investigation of a marine casualty or incident and to
comply with the rules of recognised organisations for classifica-
tion and, where applicable, for certification; whereas suchadministrations should accept the use of harmonised survey andcertification procedures;
(15)Whereas, in order to ensure continuous compliance of ro-roferries and high-speed passenger craft with the requirements ofthis Directive, host States should carry out surveys prior to the
start of a service and thereafter at regular intervals and whenever
a significant change occurs in the operating circumstances;
(16)Whereas in order to reduce the burden placed on companies, dueaccount should be taken of previous verifications and surveys;ro-ro ferries and high-speed passenger craft should be exemptedfrom surveys where it has been confirmed that they comply withthis Directive for operation on similar routes and replacement
ferries and craft should benefit from special arrangements;
whereas ro-ro ferries and high-speed passenger craft which havebeen surveyed to the satisfaction of the host State should not besubjected to expanded inspections under Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respectof shipping using Community ports and sailing in the waters1999L0035 — EN — 29.11.2002 — 001.001 — 3
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under the jurisdiction of the Member States, of international
standards for ship safety, pollution prevention and shipboardliving and working conditions (port State control)(
1);
(17)Whereas Member States should cooperate to exercise theirresponsibilities as host States;
(18)Whereas Member States might find it useful to be assisted in theperformance of their tasks by recognised organisations whichmeet the requirements of Council Directive 94/57/EC of 22November 1994 on common rules and standards for shipinsp ec-tion and survey organisations and for the relevant activities of
marine administrations(
2);
(19)Whereas due account should be taken, in planning the surveys,
of the operational and maintenance schedules of the ro-ro ferries
and high-speed passenger craft;
(20)Whereas Member States should ensure that their internal legal
systems enable them and any other substantially interestedMember States to participate or cooperate in, or conduct, acci-
dent investigations on the basis of the provisions of the IMO
Code for the investigation of marine casualties; whereas theoutcome of such investigations should be made publicly avail-able;
(21)Whereas a set of accompanying measures in the areas of naviga-tional guidance systems, contingency planning and localoperational restrictions will further improve safety;
(22)Whereas, in order to enable the monitoring of the application ofthis Directive, a database should be established based on theinformation derived from the surveys;
(23)Whereas it is necessary for a committee consisting of representa-
tives of the Member States to assist the Commission in the
effective application of this Directive; whereas the Committeeset upin Article 12 of Council Directive 93/75/EEC of 13September 1993 concerning minimum requirements for vesselsbound for or leaving Community ports and carrying dangerousor polluting goods(
3), can undertake that function;
(24)Whereas certain provisions of the Directive may be adapted bythat Committee to bring them into line with Community orIMO measures and to improve its regime to take into account
future amendments to the 1974 International Convention for the
Safety of Life at Sea (SOLAS) which have entered into forceand to ensure a harmonised implementation of amendments tosome IMO resolutions without broadening its scope,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Purpose
The purpose of this Directive is to lay down a system of mandatory
surveys which will provide a greater assurance of safe operation ofregular ro-ro ferries and high-speed passenger craft services to or
from ports in the Member States of the Community and to provide for
the right of Member States to conduct, participate in or cooperate withany investigation of maritime casualties or incidents on these services.1999L0035 — EN — 29.11.2002 — 001.001 — 4
(1) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Commission Direc-
tive 98/42/EC (OJ L 184, 27.6.1998, p. 40).
(2) OJ L 319, 12.12.1994, p. 20. Directive as amended by Commission Direc-
tive 97/58/EC (OJ L 274, 7.10.1997, p. 8).
(3) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Commission
Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7).
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Article 2
Definitions
For the purpose of this Directive and its Annexes,
(a) ‘ro-ro ferry’ shall mean a seagoing passenger vessel with facilities
to enable road or rail vehicles to roll on and roll off the vessel, andcarrying more than 12 passengers;
(b) ‘high Speed Passenger Craft’ shall mean a high speed craft as
defined in Regulation X/1 of the 1974 Solas Convention, in itsup-to-date version, which carries more than 12 passengers;
(c) ‘a passenger’ is 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;
(d) ‘1974 Solas Convention’ shall mean the International Convention
for the Safety of Life at Sea, together with Protocols and amend-ments thereto, in its up-to-date version;
(e) ‘high Speed Craft Code’ shall mean the ‘International Code for
Safety of High Speed Craft’ contained in IMO Maritime SafetyCommittee Resolution MSC 36 (63) of 20 May 1994, in its up-to-date version;
(f) ‘regular service’ shall mean a series of ro-ro ferry or high-speed
passenger craft crossings operated so as to serve traffic betweenthe same two or more ports, or a series of voyages from and tothe same port without intermediate calls, either:
(i) according to a published timetable; or
(ii) with crossings so regular or frequent that they constitute a
recognisable systematic series;
(g) ‘sea area’ shall mean any sea area included in a list established in
accordance with Article 4 of Council Directive 98/18/EC of 17March 1998 on safety rules and standards for passenger ships(
1);
(h) ‘certificates’ shall mean:
(i) for ro-ro ferries and high-speed passenger craft engaged on
international voyages, the safety certificates issued under the1974 SOLAS Convention as amended, together with the rele-vant records of equipment and where appropriate exemption
certificates and permits to operate;
(ii) for ro-ro ferries and high-speed passenger craft engaged on
domestic voyages, the safety certificates issued in accordancewith Directive 98/18/EC together with the relevant records ofequipment and where appropriate exemption certificates and
permits to operate;
(i) ‘exemption certificate’ shall mean any certificate issued under the
provisions of Regulation I B/12(a)(vi) of the 1974 SOLAS
Convention;
(j) ‘administration of the flag State’ shall mean the competent autho-
rities of the State whose flag the ro-ro ferry or the high-speedpassenger craft is entitled to fly;
(k) ‘host State’ shall mean a Member State to or from whose port(s) a
ro-ro ferry or a high-speed passenger craft is engaged on a regularservice;
(l) ‘international voyage’ shall mean a voyage by sea from a port of a
Member State to a port outside that Member State, or conversely;1999L0035 — EN — 29.11.2002 — 001.001 — 5
(1) OJ L 144, 15.5.1998, p. 1.▼M1
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(m) ‘domestic voyage’ shall mean a voyage in sea areas from a port of
a Member State to the same or another port within that MemberState;
(n) ‘recognised organisation’ shall mean an organisation recognised in
accordance with Article 4 of Directive 94/57/EC;
(o) ‘company’ shall mean a company operating one or more ro-ro
ferries to which a document of compliance has been issued in
compliance with Article 5(2) of Council Regulation (EC) No
3051/95 of 8 December 1995 on the safety management of rollon roll off passenger ferries (ro-ro ferries) or a company operatinghigh speed passenger craft, to which a document of compliancehas been issued in accordance with Regulation IX/4 of the 1974
Solas Convention, in its up-to-date version;
(p) ‘Code for the investigation of marine casualties’ shall mean the
Code for the investigation of marine casualties and incidentsadopted by the IMO by means of Assembly Resolution A.849(20)of 27 November 1997;
(q) ‘specific survey’ shall mean a survey by the host State as specified
in Articles 6 and 8;
(r) ‘qualified inspector’ shall mean a public-sector employee or other
person, duly authorised by the competent authority of a MemberState to carry out surveys and inspections related to the certificates
and fulfilling the criteria of qualification and independence speci-
fied in Annex V;
(s) ‘deficiency’ shall mean a condition found not to be in compliance
with the requirements of this Directive.
Article 3
Scope
1. This Directive shall apply to all ro-ro ferries and high-speed
passenger craft operating to or from a port of a Member State on aregular service, regardless of their flag, when engaged on internationalvoyages or on domestic voyages in sea areas covered by Class A asreferred to in Article 4 of Directive 98/18/EC.
2. Member States may apply this Directive to ro-ro ferries and high-
speed passenger craft engaged on domestic voyages in sea areas other
than those referred to in paragraph 1. In those circumstances the rele-vant rules shall be applied to all ro-ro ferries or high-speed passengercraft operating under the same conditions, without discrimination inrespect of flag, nationality or place of establishment of the company.
Article 4
Initial verifications required in relation to ro-ro ferries and high-
speedpassengercraft
1. Prior to the start of operation by a ro-ro ferry or high-speed
passenger craft on a regular service, or within 12 months of the datereferred to in Article 19(1) for a ro-ro ferry or high-speed passengercraft already operating a regular service on that date, host States shall
check that ro-ro ferries and high-speed passenger craft:
(a) carry valid certificates, issued by the administration of the flag
State or by a recognised organisation acting on its behalf;
(b) have been surveyed for the issue of certificates in accordance with
the relevant procedures and guidelines annexed to IMO AssemblyResolution A.746(18) on survey guidelines under the harmonisedsystem of survey and certification, as they stand at the time of
adoption of this Directive or with procedures designed to achieve
the same goal;
(c) comply with the standards specified for classification by the rules
of a recognised organisation, or rules accepted as equivalent bythe administration of the flag State for construction and mainte-1999L0035 — EN — 29.11.2002 — 001.001 — 6
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nance of their hull, machinery and electrical and control installa-
tion;
(d) are fitted with a voyage data recorder (VDR) for the purpose of
providing information for the benefit of a possible casualty investi-gation. The VDR shall meet the performance standards of IMOAssembly Resolution A.861(20) of 27 November 1997 and complywith the testing standards laid down in International Electrotech-
nical Commission (IEC) standard No 61996. However, for VDRs
to be placed on board ro-ro ferries and high-speed passenger craftbuilt before the entry into force of this Directive, exemptions forcompliance with some of the requirements may be granted. Theseexemptions and the conditions under which they can be granted
shall be adopted in accordance with the procedure laid down in
Article 16;
(e) comply with specific stability requirements adopted at regional
level, and transposed into their national legislation in accordance
with the notification procedure laid down in Directive 98/34/EC
of the European Parliament and of the Council of 22 June 1998laying down a procedure for the provision of information in thefield of technical standards and regulations and of rules on infor-mation society services(
1), when operating in that region a service
covered by that national legislation, provided those requirements do
not exceed those specified in the Annex on Resolution 14 (Stability
Requirements Pertaining to the Agreement) of the 1995 SOLASConference and have been notified to the Secretary-General of theIMO, in accordance with the procedures specified in point 3 of thatresolution.
2. Paragraph 1(e) shall apply to high speed passenger craft only
where appropriate.
Article 5
Initial verifications required in relation to companies and flag
States
Prior to the start of operation by a ro-ro ferry or high-speed passenger
craft on a regular service, or within 12 months of the date referred to inArticle 19(1) for a ro-ro ferry or high-speed passenger craft alreadyoperating on a regular service on that date, host States shall:
1. check that companies which operate or intend to operate such a
ferry or craft on regular service:
(a) take the necessary measures to ensure that the specific require-
ments laid down in Annex I are applied and provide theevidence of compliance with this paragraph and with Article 4to the host States involved in the regular service;
(b) will agree in advance that host States and any substantially
interested Member State may conduct, participate fully in orcooperate with any investigation of a marine casualty or incidentin accordance with Article 12, and will give them access to theinformation retrieved from the VDR of their ferry or craft
involved in such a casualty or incident.
2. Check for such a ferry or craft flying a flag other than that of a
Member State, the concurrence of that flag State that it has acceptedthe company's commitment to meet the requirements of this Direc-
tive.
Article 6
Initialspecific surveys
1. Prior to the start of operation by a ro-ro ferry or high-speed
passenger craft on a regular service, or within 12 months of the datereferred to in Article 19(1) for a ro-ro ferry and high-speed passenger1999L0035 — EN — 29.11.2002 — 001.001 — 7
(1) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC
(OJ L 217, 5.8.1998, p. 18).
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craft already operating a regular service on that date, host States shall
carry out an initial specific survey, in accordance with Annexes I andIII, to satisfy themselves that the ro-ro ferry or high-speed passenger
craft fulfils the necessary requirements for safe operation of a regular
service.
2. Where this Article is applied prior to the start of operation, host
States shall set a date for the initial specific survey which is no morethan one month after receipt of the evidence necessary to complete theverification under Articles 4 and 5.
Article 7
Specialprovisions
1. When a ro-ro ferry or high-speed passenger craft is to be engaged
on another regular service, a new host State shall take the utmost
account of verifications and surveys previously carried out for that
ferry or craft for operation on a previous regular service covered bythis Directive. Provided that the new host State is satisfied with theseprevious verifications and surveys and that they are relevant to the newoperational conditions, Articles 4, 5 and 6 need not be applied prior tothe ro-ro ferry or high-speed passenger craft starting operation on the
new regular service.
2. Articles 4, 5 and 6 need not apply when a ro-ro ferry or high-
speed passenger craft which complies with this Directive already oper-ating a regular service covered by this Directive transfers to anotherregular service covered by this Directive transfers to another regularservice where the route characteristics are agreed by the relevant hostStates to be similar, and the host States all agree that the ro-ro ferry or
high-speed passenger craft fulfils all the requirements for safe opera-
tion on that service.
At the request of a company, the host States concerned may confirm in
advance their agreement as to where route characteristics are similar.
3. In cases where, following unforeseen circumstances, a replace-
ment ro-ro ferry or high-speed passenger craft must be introducedrapidly to ensure continuity of service, and paragraphs 1 and 2 are not
applicable, the host State may allow the ferry or craft to start operating
provided that:
(a) a visual inspection and document check raise no concerns that the
ro-ro ferry or high-speed passenger craft does not fulfil the neces-sary requirements for safe operation, and
(b) the host State completes the verifications and surveys under Arti-
cles 4, 5 and 6 within one month.
Article 8
Regularspecific surveysandothersurveys
1. Host States shall, once in every 12-month period, carry out:
— a specific survey, in accordance with Annex III, and
— a survey during a regular service, which shall aim to cover enough
items listed in Annexes I, III and IV in order to satisfy the host
State that the ferry or craft continues to fulfil all the necessaryrequirements for safe operation.
An initial specific survey in accordance with Article 6 counts as a
specific survey for the purposes of this Article.
2. A host State shall carry out a specific survey in accordance with
Annex III each time the ro-ro ferry or high-speed passenger craft
undergoes repairs, alterations and modifications of a major character,
or when there is a change in management or flag, or a transfer of class.However, in case of change in management or flag, or transfer of class,the host State may, after taking account of verifications and surveyspreviously issued for the ferry or craft, and provided that the safeoperation of the ferry or craft is not affected by this change or transfer,1999L0035 — EN — 29.11.2002 — 001.001 — 8
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dispense the ferry or craft from the specific survey required by this
paragraph.
3. Should the surveys referred to in paragraph 1 confirm or reveal
deficiencies in relation to the requirements of this Directive warrantinga prevention of operation, all costs relating to the surveys in anynormal accounting period shall be covered by the company.
Article 9
Notification
Host States shall inform companies promptly, in writing, of the
outcome of verifications and surveys under Articles 4, 5, 6 and 8.
Article 10
Prevention ofoperation
1. A host State shall prevent the operation of a ro-ro ferry or high-
speed passenger craft on a regular service:
(a) when it has been unable to confirm compliance with the require-
ments in Articles 4 and 5;
(b) whenever deficiencies are found during the surveys referred to in
Articles 6 and 8 which pose an immediate danger to life, the ferry
or craft, its crew and passengers;
(c) when there is an established failure to comply with the Community
instruments listed in Annex II which poses an immediate danger of
life, the ferry or craft, its crew and passengers;
(d) whenever it has not been consulted by the flag State on the matters
referred to in Article 13(1) or (5),
until the host State has established that the danger has been removed
and the requirements of the Directive are met.
The host State shall inform the company in writing of the decision to
prevent that ro-ro ferry or high-speed passenger craft operating, giving
full reasoning.
2. However, where the ro-ro ferry or high-speed passenger craft is
already operating a regular service and deficiencies are established,host States shall require the company to take the necessary measures
for their prompt rectification or within a well-defined and reasonable
period of time, provided they do not pose an immediate danger to thesafety of the ferry or craft, its crew and passengers. After rectificationof the deficiencies, the host States concerned shall verify that the recti-fication has been carried out to their full satisfaction. If this is not the
case, they shall prevent the ferry or craft from operating.
3. Member States shall, in accordance with national legislation,
establish and maintain appropriate procedures covering the right ofappeal by a company against a decision to prevent operation. Appealsshould be dealt with expeditiously. An appeal shall not cause the deci-
sion to be automatically suspended.
The competent authority shall duly inform the company of its right of
appeal.
4. In cases where Articles 4, 5 and 6 are applied prior to the start of
operation by a ro-ro ferry or high-speed passenger craft on a regular
service, a decision to prevent a ship operating must be taken withinone month of the initial specific survey and communicated to thecompany immediately.
Article 11
Proceduresrelated toinitialandregular specific surveys
1. Ro-ro ferries and high-speed passenger craft that have been
subject to the specific surveys to the satisfaction of the involved hostState(s) shall be exempted by these host State(s) from expanded inspec-tions referred to in Article 7(4) of Directive 95/21/EC and from1999L0035 — EN — 29.11.2002 — 001.001 — 9
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expanded inspections based on the clear grounds that they belong to the
category of passenger ships referred to in Article 7(1) and AnnexV.A.3 of that Directive.
2. Administrations of two or more host States involved in a specific
survey of the same shipor craft shall coop erate with each other. The
specific surveys shall be carried out by a team composed of qualifiedinspectors of the involved host State(s). Wherever there is a need forqualitative assessment of the fulfilment of class-related provisions,host States shall ensure the necessary expertise is included in the
team, where appropriate by including a surveyor of a recognised orga-
nisation. The inspectors shall report deficiencies to the administrationsof the host States. The host State shall communicate this information tothe flag State, if that State is not a host State involved in the survey.
3. An involved host State may agree to carry out a survey at the
request of another involved host State.
4. Host States, when requested by companies, shall invite the admin-
istration of the flag State which is not a host State to be represented in
any specific survey under the provisions of this Directive.
5. Host States, in planning a survey in accordance with Articles 6
and 8, shall take due account of the operational and maintenance sche-dule of the ferry or craft.
6. The findings of the specific surveys shall be recorded in a report
of which the format shall be established in accordance with the proce-dure laid down in Article 16.
7. In case of persistent disagreement between host States on the
fulfilment of the requirements of Articles 4 and 5(1), the administration
of any host State involved in a specific survey shall immediately notifyto the Commission the reasons of the disagreement.
8. The Commission shall immediately start proceedings in order to
take a decision in accordance with the procedure laid down in Article16.
Article 12
Accidentinvestigation
1. Member States shall define, in the framework of their respective
internal legal systems, a legal status that will enable them and anyother substantially interested Member State to participate, to cooperate
in, or where provided for under the Code for the investigation of
marine casualties, to conduct any marine casualty or incident investiga-tion involving a ro-ro ferry or high-speed passenger craft.
2. ‘Substantially interested State’, ‘lead investigating State’ and
‘marine casualty’ shall have the same meaning as in the Code for theinvestigation of marine casualties.
3. When a ro-ro ferry or high-speed passenger craft is involved in a
marine casualty, the investigation procedure shall be launched by the
State in whose waters the accident or incident occurs or, if in other
waters, by the last Member State visited by the ferry or craft. ThisState shall remain responsible for the investigation and coordinationwith other substantially interested States until such time as it ismutually agreed which is to be the lead investigating State.
4. Member States conducting, participating in or cooperating with
such investigations shall ensure that the investigation is concluded in
the most efficient way and within the shortest possible time takinginto account the Code for the investigation of marine casualties.
5. Member States shall ensure that reports resulting from such an
investigation are made public in accordance with point 12.3 of theCode for the investigation of marine casualties and notified to theCommission.1999L0035 — EN — 29.11.2002 — 001.001 — 10
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Article 13
Accompanyingmeasures
1. Member States issuing or recognising an exemption certificate
shall work together with the involved host State or administration ofthe flag State to resolve any disagreement concerning the suitability ofthe exemptions prior to the initial specific survey.
2. Member States should operate shore-based navigational guidance
systems and other information schemes in accordance with IMO Reso-
lution A.795(19) to assist ro-ro ferries and high-speed passenger craftin the safe conduct of the regular service, or part of it, for the safetyof which they bear responsibility.
3. Each Member State shall provide to the Commission copies of the
survey reports referred to in Article 11(6), with the IMO identification
number where applicable. The Commission may, in accordance with
the procedure laid down in Article 16, decide on appropriate meansfor allocating an identification number to other vessels. If two ormore host States are involved in the regular service, the data may beprovided by one of these host States. The Commission shall set up
and maintain a database containing the information provided. Condi-
tions of access to the database shall be decided in accordance with theprocedure laid down in Article 16.
4. Member States shall ensure that companies operating ro-ro ferries
or high-speed passenger craft on regular services to or from their portsare able to maintain and implement an integrated system of contin-
gency planning for shipboard emergencies. To this end they shall
make use of the framework provided by IMO Assembly ResolutionA.852(20) on guidelines for a structure of an integrated system ofcontingency. If two or more Member States are involved as host Statesin the regular service they shall jointly establish a plan for the different
routes.
5. Member States shall ensure that they have been fully involved in
their capacity as host State by the administration of the flag State,before the issuance of the permit to operate high speed craft, in accor-dance with the provisions of paragraph 1.9.3 of the High-speed CraftCode. They shall ensure that operational restrictions required by local
situations, necessary to protect life, natural resources and coastal activ-
ities are established or maintained and they shall take measures toensure the enforcement of these restrictions.
Article 14
CooperationbetweenhostStates
Host States involved in the same regular service shall liaise with each
other when applying this Directive.
Article 15
Supportingmeasures
The Member States shall inform third States which have either flag
State responsibilities or responsibilities similar to those of a host State
for ro-ro ferries and high-speed passenger craft falling under the scope
of this Directive and operating between a port of a Member State and aport of a third State of the requirements imposed by this Directive onany company providing a regular service to or from a port of theCommunity.
Article 16
Committee
1. The Commission shall be assisted by the Committee on Safe Seas
and the Prevention of Pollution from Ships (COSS) created by Article3 of Regulation (EC) No 2099/2002 of the European Parliament and of1999L0035 — EN — 29.11.2002 — 001.001 — 11
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the Council of 5 November 2002 establishing a Committee on Safe
Seas and the Prevention of Pollution from Ships (COSS)(1).
2. Where reference is made to this paragraph, Articles 5 and 7 of
Council Decision 1999/468/EC of 28 June 1999 laying down the proce-dures for the exercise of implementing powers conferred on theCommission(
2) 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. The Committee shall adopt its rules of procedure.
Article 17
Amendmentprocedure
In accordance with the procedure laid down in Article 16:
(a) the Annexes,
(b) the definitions,
(c) references to Community instruments,
(d) references to IMO resolutions,
may be amended to the extent necessary to bring them into line with
Community or IMO measures which have entered into force, butwithout broadening the scope of this Directive.
The Annexes may also be amended in accordance with the procedure
laid down in Article 16 when it is necessary to improve the arrange-ments established by this Directive, but without broadening its scope.
The amendments to the international instruments referred to in Article
2 may be excluded from the scope of this Directive, pursuant to Article5 of Regulation (EC) No 2099/2002.
Article 18
Penalties
Member States shall lay down the system of penalties for breaching the
national provisions adopted pursuant to this Directive and shall take allthe measures necessary to ensure that those penalties are applied. Thepenalties thus provided for shall be effective, proportionate and dissua-
sive.
Article 19
Application
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive notlater than 1 December 2000 and forthwith inform the Commission
thereof.
2. The provisions of Article 4(1)(d) shall be applied no later than 30
months after the publication date of IEC standard No 61996 or by 1January 2001, whichever of these dates comes later.
3. When Member States adopt these 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 makingsuch reference shall be laid down by the Member States.1999L0035 — EN — 29.11.2002 — 001.001 — 12
(1) OJ L 324, 29.11.2002, p. 1.
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4. The Member States shall immediately notify to the Commission
all provisions of domestic law which they adopt in the field governedby this Directive. The Commission shall inform the other Member
States thereof.
Article 20
Assessmentofapplication
Three years after the date referred to in Article 19(1), the Commission
shall assess, on the basis of information to be provided by the MemberStates in accordance with Article 13, the application of this Directive.
Article 21
Entryintoforce
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 22
Adressees
This Directive is addressed to the Member States.1999L0035 — EN — 29.11.2002 — 001.001 — 13
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ANNEX I
SPECIFICREQUIREMENTSTOBEFULFILLEDBYCOMPANIES
as referred to in Article 5(1), and Articles 6 and 8
Companies are to ensure that on board their ro-ro ferries and high-speed
passenger craft:
1. the master is provided with appropriate information on the availability of
shore-based navigational guidance systems and other information schemes
to assist him in the safe conduct of the voyages, before the ferry or craft
begins to sail, and that he makes use of the navigational guidance and infor-
mation schemes set upby Member States;
2. the relevant provisions of paragraphs 2 to 6 of MSC/Circular 699, on revised
guidelines for passenger safety instructions, are applied;
3. a table with the shipboard working arrangements is posted in an easily acces-
sible place, and contains:
(a) the schedule of service at sea and service in port, and
(b) the maximum hours of work or the minimum hours of rest required for
watchkeepers;
4. the master is not constrained from taking any decision, which in his profes-
sional judgment is necessary for safe navigation and operation, in particular
in severe weather and in heavy seas;
5. the master keeps a record of navigational activities and incidents which are
of importance to safety of navigation;
6. any damage to, or permanent deflection of shell doors and associated hull
plating that may affect the integrity of the ferry or craft, and any deficiencies
in the securing arrangements of such doors, are promptly reported to both the
flag State administration and the host State and are promptly repaired to their
satisfaction;
7. an up-to-date voyage plan is available before the departure of the ro-ro ferry
or high-speed passenger craft on its voyage. In preparing the voyage plan the
guidelines set out in ►M1IMO Assembly Resolution A.893(21) ◄,o n
guidelines on voyage planning, are to be taken fully into account;
8. general information about the services and assistance available to elderly and
disabled persons on board is made known to the passengers and is made
available in formats suitable for people with impaired sight.1999L0035 — EN — 29.11.2002 — 001.001 — 14
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ANNEX II
LISTOFCOMMUNITYINSTRUMENTS
referred to in Article 10(1c)
— Council Directive 93/75/EEC of 13 September 1993 concerning minimum
requirements for vessels bound for or leaving Community ports and carrying
dangerous or polluting goods (OJ L 247, 5.10.1993, p. 19). Directive as last
amended by Commission Directive 98/74/EC (OJ L 276, 13.10.1998, p. 7),
— Council Directive 94/58/EC of 22 November 1994 on the minimum level of
training of seafarers (OJ L 319, 12.12.1994, p. 28). Directive as last
amended by Directive 98/35/EC (OJ L 172, 17.6.1998, p. 1), where applic-
able,
— Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety
management of roll on/roll off passenger ferries (ro-ro ferries) (OJ L 320,
30.12.1995, p. 14). Regulation as amended by Commission Regulation (EC)
No 179/98 (OJ L 19, 24.1.1998, p. 35).1999L0035 — EN — 29.11.2002 — 001.001 — 15
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ANNEX III
PROCEDURESFORSPECIFICSURVEYS
(as referred to in Articles 6 and 8)
1. The specific surveys are to ensure that statutory requirements, in particular
those for construction, subdivision and stability, machinery and electrical
installations, loading, stability, fire protection, maximum number of passen-
gers, life saving appliances and the carriage of dangerous goods,
radiocommunications and navigation are fulfilled and are for that purpose,
and where applicable at least to include:
— the starting of the emergency generator,
— an inspection of emergency lighting,— an inspection of the emergency source of power for radio-installations,— a test of the public address system,— a fire drill, including a demonstration of the ability to use firemen's
outfits,
— the operation of the emergency fire-pump with two firehoses connected to
the fire main line in operation,
— the testing of the remote emergency stop controls for fuel supply to
boilers, main and auxiliary engines, and for ventilation fans,
— the testing of remote and local controls for the closing of fire dampers,— the testing of fire detection and alarm systems,— the testing of proper closing of fire doors,— the operation of bilge pumps,
— the closing of watertight bulkhead doors; both from the local and remote
control positions,
— a demonstration that shows that key crew members are acquainted with
the damage control plan,
— the lowering of at least one rescue boat and one lifeboat to the water,
starting and testing their propulsion and steering system, and recovering
them from the water into their stowed position on board,
— the checking that all lifeboats and rescue boats correspond to the inven-
tory,
— the testing of the ship's or craft's steering gear and auxiliary steering gear.
2. Specific surveys shall include the verification of the planned maintenance
system on board.
3. Specific surveys shall focus on the familiarisation of crew members with, and
their effectiveness in, safety procedures, emergency procedures, maintenance,
working practices, passenger safety, bridge procedures and cargo and
vehicle-related operations. Seafarers' ability to understand and, where appro-
priate, give orders and instructions and report back in the common working
language, as recorded in the ship's logbook shall be checked. The docu-
mented evidence that crew members have successfully followed a special
training shall be checked, in particular with regard to:
— crowd-management training,
— familiarisation training,— safety training for personnel providing direct safety assistance to passen-
gers in passenger spaces, and in particular to elderly and disabled persons
in an emergency, and
— crisis management and human behaviour training.
The specific survey shall include an assessment as to whether rostering
patterns are causing unreasonable fatigue particularly for watch-keeping
personnel.
4. Certificates of competence of the crew members issued by third States shall
only be recognised when they comply with Regulation I/10 of the revised
International Convention on Standards of Training, Certification and Watch-
keeping for Seafarers, 1978 (STCW Convention).1999L0035 — EN — 29.11.2002 — 001.001 — 16
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ANNEX IV
INDICATIVE GUIDELINES FOR QUALIFIED INSPECTORS WHEN
CARRYING OUT UNSCHEDULED SURVEYS DURING A REGULAR
CROSSING
(as referred to in Article 8(1))
1.Passenger information
The means used to ensure that the passenger number for which the ro-ro
ferry or high-speed passenger craft (hereafter referred to as ‘ship’) is certi-
fied is not exceeded. That the system for registration of passenger
information complies with the regulations and is effective. How the infor-
mation on the total number of passengers is passed to the master and, if
appropriate, how passengers undertaking a double crossing without goingashore are included in the total for the return voyage.
2.Loading and stability information
That, when applicable, reliable draught gauges are fitted and are in use.
That measures are taken to ensure that the shipis not overloaded and the
appropriate sub-division load line is not submerged. That the loading and
stability assessment is carried out as required. That goods vehicles and other
cargo are weighed where required and the figures passed to the ship for use
in the loading and stability assessment. That damage control plans are
permanently exhibited and that booklets containing damage control informa-
tion are provided for the ship's officers.
3.Security for sea
The procedure to ensure that the ship is secured for sea before leaving the
berth, which should include a positive reporting procedure that all the shell
watertight and weather-tight doors are closed. That all the vehicle deck
doors are closed before the shipleaves the berth or remain op en long
enough only to enable the bow visor to be closed, the closing arrangements
for the bow, stern and side doors, and the provision of indicator lights and
TV surveillance to show their status on the navigating bridge. Any difficul-
ties with the operation of the indicator lights, particularly the switches at the
doors, should be ascertained and reported.
4.Safety announcements
The form of routine safety announcements and the posting of instructions
and guidance on emergency procedures in the appropriate language(s).
That the routine safety announcement takes place at the commencement of
the voyage and can be heard in all public spaces, including open decks, to
which passengers have access.
5.Log book entries
An examination of the log book to ensure that the entries are being made
regarding the closing of the bow, stern and other watertight and weather-
tight doors, drills for sub-division watertight doors, testing of steering gears,
etc. Also that draughts, freeboard and stability are being recorded as well as
the common working language for the crew.
6.Dangerous goods
That any cargo of dangerous or polluting goods is carried in accordance
with the relevant regulations and, in particular, that a declaration concerning
dangerous and polluting goods is provided together with a manifest or
stowage plan to show their location on board, that the carriage of the parti-
cular cargo is permitted on passenger ships, and that the dangerous and
polluting goods are properly marked, labelled, stowed, secured and segre-
gated.
That vehicles carrying dangerous and polluting goods are properly
placarded and secured. That, when dangerous and polluting goods are
carried, a copy of the relevant manifest or stowage plan is available ashore.
That the master is aware of the notification requirements under Directive
93/75/EEC and of the instructions on the emergency procedures to be
followed and the rendering of first aid should there be an incident involving
the dangerous goods or marine pollutants. That the means of ventilating the
vehicle decks is in use at all times, is increased when the engines of the
vehicles are running and that there is some form of indication on the bridge
to show that the vehicle deck ventilation is in operation.1999L0035 — EN — 29.11.2002 — 001.001 — 17
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7.Securing freight vehicles
How freight vehicles are secured, for example, whether block stow or indi-
vidual lashings. Whether sufficient strong points are available. The
arrangements for securing freight vehicles when adverse weather is experi-
enced or expected. The method of securing coaches and motor cycles, if
any. That the shiphas a cargo securing manual.
8.Vehicle decks
Whether special category and ro-ro cargo spaces are being continuously
patrolled or monitored by a TV surveillance system so that the movement
of vehicles in adverse weather and the unauthorised entry of passengers
may be observed. That fire doors and entrances are kept shut and that
notices are posted to keep passengers off the vehicle decks whilst the ship
is at sea.
9.Closure of watertight doors
That the policy laid down in the ship's operational instructions for the sub-
division watertight doors is being followed. That the required drills are
being carried out. That the bridge control for the watertight doors is kept,
when possible, on ‘local’ control. That the doors are being kept closed in
restricted visibility and any hazardous situation. That crews are instructed
in the correct way to operate the doors and are aware of the dangers of their
misuse.
10.Fire patrols
It should be confirmed that an efficient patrol is being maintained so that
any outbreak of fire may be readily detected. This should include special
category spaces where a fixed fire detection and alarm system is not fitted
noting that these spaces may be patrolled as indicated in paragraph 8.
11.Communications in an emergency
That there are sufficient crew members in accordance with the muster list to
assist passengers in an emergency and that they are readily identifiable and
able to communicate with the passengers in an emergency, taking into
account an appropriate and adequate combination of any of the following
factors:
(a) the language or languages appropriate to the principal nationalities of
passengers carried on a particular route;
(b) the likelihood that an ability to use elementary English vocabulary for
basic instructions can provide a means of communicating with a
passenger in need of assistance whether or not the passenger and crew
member share a common language;
(c) the possible need to communicate during an emergency by some other
means (e.g. by demonstration, hand signals, or calling attention to the
location of instructions, muster stations, life-saving devices or evacua-
tion routes when verbal communication is impractical);
(d) the extent to which complete safety instructions have been provided to
passengers in their native language or languages;
(e) the languages in which emergency announcements may be broadcast
during an emergency or drill to convey critical guidance to passengers
and to facilitate crew members in assisting passengers.
12.Common working language between crew members
Verify that a working language is established to ensure effective crew
performance in safety matters and that this working language is recorded
in the ship's logbook.
13.Safety equipment
That the live-saving and fire appliances, including the fire doors and other
items of the structural fire protection that may be readily inspected, are
being maintained. That fire control plans are permanently exhibited or
booklets containing the equivalent information are provided for the informa-
tion of the ship's officers. That the stowage of the lifejackets is appropriate
and that the stowage of children's lifejackets may be readily identified. That
the loading of vehicles does not prevent the operation of the fire controls,
emergency shut-offs, controls for the storm valves, etc. that may be located
on the vehicle decks.
14.Navigational and radio equipment
That the navigational and radio communications equipment, including emer-
gency position-indicating radio beacons (EPIRBs), are operational.1999L0035 — EN — 29.11.2002 — 001.001 — 18
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15.Supplementary emergency lighting
That supplementary emergency lighting is fitted, when required by the regu-
lations, and that a record of deficiencies is being kept.
16.Means of escape
Marking, in accordance with the applicable requirements, and the lighting,
from both the main and emergency sources of power, of the means of
escape. The measures taken to keep vehicles clear of escape routes where
the means of escape cross or pass through vehicle decks. That exits, parti-
cularly exits from duty free shops, which have been found to be blocked by
an excess of goods, are kept clear.
17.Operations book
That copies of the operations book are provided for the master and each
senior officer and that other copies are available for all members of the
crew. Also that there are check lists to cover the preparation for sea and
other operations.
18.Engine room cleanliness
That the engine room is maintained in a clean condition with regard to
maintenance procedures.
19.Garbage disposal
That the arrangements for the handling and disposal of garbage are satisfac-
tory.
20.Planned maintenance
All companies should have specific standing orders, with a planned mainte-
nance system, for all safety related areas including bow and stern doors and
side openings, together with their closing arrangements, but also covering
engine room maintenance and safety equipment. Plans should be in place
for periodically checking all items so as to maintain safety standards at the
highest level. Procedures should be in place for recording deficiencies and
confirming they have been properly rectified so that the master and the
designated person ashore within the company managementstructure are
aware of the deficiencies and are notified when they have been rectified
within a time specified. Periodic checking of the operation of the inner
and outer bow door closing arrangements should include the indicators,
surveillance equipment and any scuppers in the spaces between the bow
visor and the inner door and especially the closing mechanisms and their
associated hydraulic systems.
21.Making a voyage
When making a voyage the opportunity should be taken to check over-
crowding, including the availability of seats and the blocking of
passageways, stairs and emergency exits by baggage and by passengers
unable to find seats. That the vehicle deck is vacated by passengers before
the shipsails and that they do not again have access until immediately p rior
to docking should also be checked.1999L0035 — EN — 29.11.2002 — 001.001 — 19
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ANNEX V
CRITERIA OF QUALIFICATION AND INDEPENDENCE FOR QUALI-
FIEDINSPECTORS
(as referred to in Article 2(r))
1. The qualified inspector must be authorised to carry out the specific surveys
referred to in Article 6 by the competent authority of the Member State.
2. Either:
— the qualified inspector must have completed a minimum of one year's
service with the competent authority of a Member State as a flag State
inspector dealing with surveys and certification in accordance with the
1974 SOLAS Convention,
— and be in possession of:
(a) a certificate of competency as master, enabling that person to take
command of a shipof 1 600 GT or more (see STCW, Regulation II/
2), or
(b) a certificate of competency as chief engineer enabling him to take up
that task on board a ship whose main power plant has a power equal
or superior to 3 000 kW (see STCW, Regulation III/2), or
(c) have passed in a Member State an examination as a naval architect,
mechanical engineer or an engineer related to the maritime fields and
worked in that capacity for at least five years,
— the qualified inspectors mentioned under (a) and (b) must have served for
a period of not less than five years at sea as officer in the deck or engine
department respectively;
or:
— the qualified inspector must hold a relevant university degree or equiva-
lent in a Member State, and
— have been trained and qualified at a school for shipsafety insp ectors in a
Member State, and
— have served at least two years with the competent authority of a Member
State as a flag State inspector dealing with surveys and certification in
accordance with the 1974 SOLAS Convention.
3. Qualified inspectors shall have the ability to communicate orally and in
writing with seafarers in the language most commonly spoken at sea.
4. Qualified inspectors shall have an appropriate knowledge of the provisions of
the 1974 SOLAS Convention and of the relevant procedures of this Direc-
tive.
5. The qualified inspectors carrying out specific surveys shall have no commer-
cial interest either in the company concerned or any other company operating
on a regular service to and from the involved host State or in the ro-ro ferries
or high-speed passenger craft inspected, nor shall the qualified inspectors be
employed by or undertake work on behalf of non-governmental organisations
which carry out statutory or classification surveys or issue certificates for that
ro-ro ferry or high-speed passenger craft.
6. Inspectors not fulfilling the above criteria are also accepted if they were
employed by the competent authority for statutory surveys or port State
control inspections at the date of adoption of Directive 95/21/EC.1999L0035 — EN — 29.11.2002 — 001.001 — 20