EN Official Journal of the European Union L 163/1

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. For the European Parliament The President H.-G. PÖTTERING For the Council The President J. KOHOUT

(1) OJ C 151, 17.6.2008, p. 35.

(2) Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 23 April 2009.

(3) OJ L 144, 15.5.1998, p. 1.

(4) See Annex IV, Part A.

(5) OJ L 183, 29.6.1989, p. 1.

(6) OJ L 378, 31.12.1986, p. 1.

(7) OJ L 364, 12.12.1992, p. 7.

(8) OJ L 46, 17.2.1997, p. 25.

(9) OJ L 123, 17.5.2003, p. 22.

(10) OJ L 324, 29.11.2002, p. 1.

(11) OJ L 184, 17.7.1999, p. 23.

(12) OJ L 157, 7.7.1995, p. 1.

(13) OJ L 319, 12.12.1994, p. 20.

ANNEX I

SAFETY REQUIREMENTS FOR NEW AND EXISTING PASSENGER SHIPS ENGAGED ON DOMESTIC VOYAGES

Table of contents

CHAPTER I — GENERAL PROVISIONS

CHAPTER II-1 — CONSTRUCTION — SUBDIVISION AND STABILITY, MACHINERY AND ELECTRICAL INSTALLATIONS

PART A — GENERAL

1. Definitions relating to Part B (R 2)

2. Definitions relating to Parts C, D, and E (R 3)

PART B — INTACT STABILITY, SUBDIVISION AND DAMAGE STABILITY

1. Intact stability Resolution A.749 (18)

2. Watertight subdivision

3. Floodable length (R 4)

4. Permissible length of compartments (R 6)

5. Permeability (R 5)

6. Subdivision factor

7. Special requirements concerning ship subdivision (R 7)

8. Stability in damaged conditions (R 8)

8-1. Stability of ro-ro passenger ships in damaged conditions (R 8-1)

8-2. Special requirements for ro-ro passenger ships carrying 400 persons or more (R 8-2)

8-3. Special requirements for passenger ships, other than ro-ro passenger ships, carrying 400 persons or more

9. Peak and machinery space bulkheads (R 10)

10. Double bottoms (R 12)

11. Assigning, marking and recording of subdivision load lines (R 13)

12. Construction and initial testing of watertight bulkheads, etc. (R 14)

13. Openings in watertight bulkheads (R 15)

14. Ships carrying goods vehicles and accompanying personnel (R 16)

15. Openings in the shell plating below the margin line (R 17)

16. Watertight integrity of passenger ships above the margin line (R 20)

17. Closure of cargo loading doors (R 20-1)

17-1. Watertight integrity from the ro-ro deck (bulkhead deck) to spaces below (R 20-2)

17-2. Access to ro-ro decks (R 20-3)

17-3. Closure of bulkheads on the ro-ro deck (R 20-4)

18. Stability information (R 22)

19. Damage control plans (R 23)

20. Integrity of the hull and superstructure, damage prevention and control (R 23-2)

21. Marking, periodical operation and inspection of watertight doors, etc. (R 24)

22. Entries in log (R 25)

23. Hoistable car platforms and ramps

24. Railings

PART C — MACHINERY

1. General (R 26)

2. Internal combustion engines (R 27)

3. Bilge pumping arrangement (R 21)

4. Number and type of bilge pumps (R 21)

5. Means of going astern (R 28)

6. Steering gear (R 29)

7. Additional requirements for electric and electro-hydraulic steering gear (R 30)

8. Ventilating systems in machinery spaces (R 35)

9. Communication between the navigating bridge and machinery space (R 37)

10. Engineers' alarm (R 38)

11. Location of emergency installations (R 39)

12. Machinery controls (R 31)

13. Steam pipe systems (R 33)

14. Air pressure systems (R 34)

15. Protection against noise (R 36)

16. Lifts

PART D — ELECTRICAL INSTALLATIONS

1. General (R 40)

2. Main source of electrical power and lighting (R 41)

3. Emergency source of electrical power (R 42)

4. Supplementary emergency lighting for ro-ro ships (R 42-1)

5. Precautions against shock, fire and other hazards of electrical origin (R 45)

PART E — ADDITIONAL REQUIREMENTS FOR PERIODICALLY UNATTENDED MACHINERY SPACES

Special consideration (R 54)

1. General (R 46)

2. Fire precautions (R 47)

3. Protection against flooding (R 48)

4. Control of propulsion machinery from the navigating bridge (R 49)

5. Communication (R 50)

6. Alarm system (R 51)

7. Safety systems (R 52)

8. Special requirements for machinery, boiler and electrical installations (R 53)

9. Automatic control and alarm system (R 53.4)

CHAPTER II-2 — FIRE PROTECTION, FIRE DETECTION AND FIRE EXTINCTION

PART A — GENERAL

1. Basic principles (R 2)

2. Definitions (R 3)

3. Fire pumps, fire mains, hydrants, hoses and nozzles (R 4)

4. Fixed fire-extinguishing systems (R 5 + 8 + 9 + 10)

5. Portable fire extinguishers (R 6)

6. Fire-extinguishing arrangements in machinery spaces (R 7)

7. Special arrangements in machinery spaces (R 11)

8. Automatic sprinkler, fire detection and fire alarm systems (R 12)

9. Fixed fire detection and fire alarm systems (R 13)

10. Arrangements for oil fuel, lubricating oil and other flammable oils (R 15)

11. Firefighter's outfit (R 17)

12. Miscellaneous items (R 18)

13. Fire control plans (R 20)

14. Operational readiness and maintenance.

15. Instructions, on-board training and drills

16. Operations

PART B — FIRE SAFETY MEASURES

1. Structure (R 23)

2. Main vertical zones and horizontal zones (R 24)

3. Bulkheads within a main vertical zone (R 25)

4. Fire integrity of bulkheads and decks in new ships carrying more than 36 passengers (R 26)

5. Fire integrity of bulkheads and decks in new ships carrying not more than 36 passengers and existing class B ships carrying more than 36 passengers (R 27)

6. Means of escape (R 28)

6-1. Escape routes on ro-ro passenger ships (R 28-1)

7. Penetrations and openings in ‘A’ and ‘B’ class divisions (R 30, 31)

8. Protection of stairways and lifts in accommodation and service spaces (R 29)

9. Ventilation systems (R 32)

10. Windows and sidescuttles (R 33)

11. Restricted use of combustible material (R 34)

12. Details of construction (R 35)

13. Fixed fire detection and fire alarm systems and automatic sprinkler, fire detection and fire alarm system (R 14) (R 36)

14. Protection of special category spaces (R 37)

15. Fire patrols, detection, alarms and public address systems (R 40)

16. Upgrading of existing Class B ships carrying more than 36 passengers (R 41-1)

17. Special requirements for ships carrying dangerous goods (R 41)

18. Special requirements for helicopter facilities.

CHAPTER III — LIFE-SAVING APPLIANCES

1. Definitions (R 3)

2. Communication, survival craft and rescue boats, personal life-saving appliances (R 6 + 7 + 18 + 21 + 22)

3. Emergency alarm, operating instructions, training manual, assembly lists and emergency instructions (R 6 + 8 + 9 + 19 + 20)

4. Manning of survival craft and supervision (R 10)

5. Survival craft assembly and embarkation arrangements (R 11 + 23 + 25)

5-1. Requirements for ro-ro passenger ships (R 26)

5-2. Helicopter landing and pick-up areas (R 28)

5-3. Decision support system for masters (R 29)

6. Launching stations (R 12)

7. Stowage of survival craft (R 13 + 24)

8. Stowage of rescue boats (R 14)

8a. Stowage of marine evacuation systems (R 15)

9. Survival craft launching and recovering arrangements (R 16)

10. Rescue boat embarkation, launching and recovery arrangements (R 17)

11. Emergency instructions (R 19)

12. Operational readiness, maintenance and inspections (R 20)

13. Abandon ship training and drills (R 19 + R 30)

CHAPTER I

GENERAL PROVISIONS

Where expressly provided, the regulations of this Annex are applicable to new and existing passenger ships of class A, B, C and D, engaged on domestic voyages.

New class B, C and D ships having a length of less than 24 metres have to comply with the requirements of Regulations II-1/B/2 to II-1/B/8 and II-1/B/10 set out in this Annex, unless the Administration of a flag State whose flag such ships are entitled to fly ensures that they comply with the flag State's national rules and that such rules guarantee an equivalent level of safety.

Where regulations of this Annex do not apply to new ships of less than 24 metres in length, the Administration of the flag State shall ensure that an equivalent safety level for such ships is provided through compliance with national rules.

Existing class C and D ships do not have to comply with the regulations of Chapters II-1 and II-2 of this Annex, provided that the Administration of a flag State whose flag such ships are entitled to fly ensures that they comply with the flag State's national rules and that such rules guarantee an equivalent level of safety.

Wherever the application of an IMO resolution is required in this Annex for existing ships, ships constructed until two years after the date of adoption by IMO of such resolution need not comply with such resolution provided they comply with the applicable previous resolution(s), if any.

Under repairs, alterations and modifications of a ‘major character’ is understood, by way of example:

— any change that substantially alters the dimensions of a ship, example: lengthening by adding new midbody,

— any change that substantially alters the passenger-carrying capacity of a ship, example: vehicle deck converted to passenger accommodation,

— any change that substantially increases a ship's service life, example: renewal of passenger accommodation on one entire deck.

The indication ‘(R …)’ that follows several titles of regulations in this Annex refers to the regulations of the 1974 SOLAS Convention, as amended, on which the regulations set out in this Annex have been based.

CHAPTER II-1

CONSTRUCTION — SUBDIVISION AND STABILITY, MACHINERY AND ELECTRICAL INSTALLATIONS

PART A

GENERAL

1 Definitions relating to Part B (R 2)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 .1 Subdivision load line is the waterline used in determining the subdivision of the ship. .2 Deepest subdivision load line is the waterline which corresponds to the greatest draught permitted by the subdivision requirements which are applicable.

.2 Length of the ship is the length measured between perpendiculars taken at the extremities of the deepest subdivision load line.

.3 Breadth of the ship is the extreme width from outside of frame to outside of frame at or below the deepest subdivision load line.

.4 Draught is the vertical distance from the moulded base line amidships to the subdivision load line in question.

.5 Deadweight is the difference in tonnes between the displacement of a ship in water of a specific gravity of 1,025 at the load waterline corresponding to the assigned summer freeboard and the lightweight of the ship.

.6 Lightweight is the displacement of a ship in tonnes without cargo, fuel, lubricating oil, ballast water, fresh water and feedwater in tanks, consumable stores, and passengers and crew and their effects.

.7 Bulkhead deck is the uppermost deck up to which the transverse watertight bulkheads are carried.

.8 Margin line is a line drawn at least 76 mm below the upper surface of the bulkhead deck at side.

.9 Permeability of a space is the percentage of that space which can be occupied by water. The volume of a space which extends above the margin line shall be measured only to the height of that line.

.10 Machinery space is to be taken as extending from the moulded base line to the margin line and between the extreme main transverse watertight bulkheads, bounding the spaces containing the main and auxiliary propulsion machinery, and boilers serving the needs of propulsion.

.11 Passenger spaces are those spaces which are provided for the accommodation and use of passengers, excluding baggage, store, provision and mail rooms.

.12 Watertight in relation to structure means capable of preventing the passage of water through the structure in any direction under the head of water likely to occur in the intact or damage condition.

.13 Weathertight means that water will not penetrate into the ship in any sea conditions.

.14 Ro-ro passenger ship means a passenger ship with ro-ro cargo spaces or special category spaces as defined in Regulation II-2/A/2.

2 Definitions relating to Parts C, D, and E (R 3)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 .1 Steering gear control system is the equipment by which orders are transmitted from the navigating bridge to the steering gear power units. Steering gear control systems comprise transmitters, receivers, hydraulic control pumps and their associated motors, motor controllers, piping and cables. .2 Main steering gear is the machinery, rudder actuators, steering gear power units, if any, and ancillary equipment and the means of applying torque to the rudder stock (e.g. tiller or quadrant) necessary for effecting movement of the rudder for the purpose of steering the ship under normal service conditions.

.2 Steering gear power unit is: .1 in the case of electric steering gear, an electric motor and its associated electrical equipment; .2 in the case of electrohydraulic steering gear, an electric motor and its associated electrical equipment and connected pump; .3 in the case of other hydraulic steering gear, a driving engine and connected pump.

.3 Auxiliary steering gear is the equipment other than any part of the main steering gear necessary to steer the ship in the event of failure of the main steering gear but not including the tiller, quadrant or components serving the same purpose.

.4 Normal operational and habitable condition is a condition under which the ship as a whole, the machinery, services, means and aids ensuring propulsion, ability to steer, safe navigation, fire and flooding safety, internal and external communications and signals, means of escape, and emergency boat winches, as well as the designed comfortable conditions of habitability are in working order and functioning normally.

.5 Emergency condition is a condition under which any services needed for normal operational and habitable conditions are not in working order due to failure of the main source of electrical power.

.6 Main source of electrical power is a source intended to supply electrical power to the main switchboard for distribution to all services necessary for maintaining the ship in normal operational and habitable condition.

.7 Dead ship condition is the condition under which the main propulsion plant, boilers and auxiliaries are not in operation due to the absence of power.

.8 Main generating station is the space in which the main source of electrical power is situated.

.9 Main switchboard is a switchboard which is directly supplied by the main source of electrical power and is intended to distribute electrical energy to the ship's services.

.10 Emergency switchboard is a switchboard which in the event of failure of the main electrical power supply system is directly supplied by the emergency source of electrical power or the transitional source of emergency power and is intended to distribute electrical energy to the emergency services.

.11 Emergency source of electrical power is a source of electrical power, intended to supply the emergency switchboard in the event of failure of the supply from the main source of electrical power.

.12 Maximum ahead service speed is the greatest speed which the ship is designed to maintain in service at sea at the deepest seagoing draught.

.13 Maximum astern speed is the speed which it is estimated the ship can attain at the designed maximum astern power at the deepest seagoing draught.

.14(a) Machinery spaces are all machinery spaces of category A and all other spaces containing propelling machinery, boilers, oil fuel units, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilising, ventilation and air conditioning machinery, and similar spaces, and trunks to such spaces.

.14(b) Machinery spaces of category A are those spaces and trunks to such spaces which contain: .1 internal combustion machinery used for main propulsion; or .2 internal combustion machinery used for purposes other than main propulsion where such machinery has in the aggregate a total power output of not less than 375 kW; or .3 any oil-fired boiler or oil fuel unit.

.15 Power actuating system is the hydraulic equipment provided for supplying power to turn the rudderstock, comprising a steering gear power unit or units, together with the associated pipes and fittings, and a rudder actuator. The power actuating systems may share common mechanical components, i.e. tiller, quadrant and rudder stock, or components serving the same purpose.

.16 Control stations are those spaces in which the ship's radio or main navigating equipment or the emergency source of power is located or where the fire recording or fire control equipment is centralised.

PART B

INTACT STABILITY, SUBDIVISION AND DAMAGE STABILITY

1 Intact stability Resolution A.749 (18)

NEW CLASS A, B, C AND D SHIPS OF 24 METRES IN LENGTH AND ABOVE:

All classes of new ships of 24 metres in length and above shall comply with the relevant provisions for passenger ships of the Code on Intact Stability as adopted on 4 November 1993 by the IMO at the 18th session of its Assembly through Resolution A.749 (18).

Where Member States consider the application of the Severe Wind and Rolling Criterion of IMO Resolution A.749 (18) inappropriate, an alternative approach ensuring satisfactory stability may be applied. This should be supported by evidence to the Commission which confirms that an equivalent level of safety is achieved.

EXISTING CLASS A AND B SHIPS OF 24 METRES IN LENGTH AND ABOVE:

All existing class A and B ships shall, in all loading conditions, satisfy the following stability criteria after due correction for the effect of free surface of liquids in tanks in accordance with the assumptions of paragraph 3.3 of IMO Resolution A.749 (18), or equivalent.

(a) The area under the curve of righting lever (GZ curve) shall not be less than: (i) 0,055 metre-radians up to an angle of heel of 30 °; (ii) 0,09 metre-radians up to an angle of heel of either 40 ° or the angle of flooding, i.e. the angle of heel at which the lower edges of any openings in the hull, superstructures or deckhouses, being openings that cannot be closed weathertight, are immersed, if that angle be less than 40 °; (iii) 0,03 metre-radians between the angles of heel of 30 ° and 40 ° or between 30 ° and the angle of flooding if this angle is less than 40 °;

(b) The righting lever GZ shall be at least 0,20 metres at an angle of heel equal to or greater than 30 °.

(c) The maximum righting lever GZ shall occur at an angle of heel preferably exceeding 30 ° but not less than 25 °.

(d) The initial transverse metacentric height shall not be less than 0,15 metres.

The loading conditions to be considered in order to verify the compliance with the above stability criteria shall include at least those listed in paragraph 3.5.1.1 of IMO Resolution A.749 (18).

All existing ships of classes A and B having a length of 24 metres and over shall also comply with the additional criteria as given in IMO Resolution A.749(18), paragraph 3.1.2.6 (additional criteria for passenger ships) and paragraph 3.2 (Severe Wind and Rolling Criterion).

Where Member States consider the application of the Severe Wind and Rolling Criterion of A.749 (18) inappropriate, an alternative approach to ensuring satisfactory stability may be applied. This should be supported by evidence to the Commission which confirms that an equivalent level of safety is achieved.

2 Watertight subdivision

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

Every ship shall be subdivided by bulkheads, which shall be watertight up to the bulkhead deck, into watertight compartments the maximum length of which shall be calculated according to the specific requirements given below.

Instead of those requirements, the regulations on subdivision and stability of passenger ships as an equivalent to Part B of Chapter II of the International Convention for the Safety of Life at Sea, 1960, as given in IMO Resolution A.265 (VIII) may be used, if applied in their entirety.

Every other portion of the internal structure which affects the efficiency of the subdivision of the ship shall be watertight.

3 Floodable length (R 4)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 The floodable length at a given point is the maximum portion of the length of the ship, having its centre at the point in question, which can be flooded, under the assumption for permeability given below, without the ship being submerged beyond the margin line.

.2 In the case of a ship not having a continuous bulkhead deck, the floodable length at any point may be determined to an assumed continuous margin line which at no point is less than 76 mm below the top of the deck at side to which the bulkheads concerned and the shell are carried watertight.

.3 Where a portion of an assumed margin line is appreciably below the deck to which bulkheads are carried, the Administration of the flag State may permit a limited relaxation in the watertightness of those portions of the bulkheads which are above the margin line and immediately under the higher deck.

4 Permissible length of compartments (R 6)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

The maximum permissible length of a compartment having its centre at any point in the ship's length is obtained from the floodable length by multiplying the latter by an appropriate factor called factor of subdivision.

5 Permeability (R 5)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

The definite assumptions referred to in Regulation 3 relate to the permeability of the spaces below the margin line.

In determining the floodable length, the assumed average permeability of the spaces below the margin line shall be as indicated in the table in Regulation 8.3.

6 Subdivision factor

The factor of subdivision shall be:

FOR NEW CLASS B, C AND D SHIPS AND EXISTING CLASS B RO-RO PASSENGER SHIPS:

1,0 when the number of persons the ship is certified to carry is less than 400, and

0,5 when the number of persons the ship is certified to carry is 400 or more.

Existing class B ro-ro passenger ships have to comply with this requirement not later than the date of compliance laid down in Regulation II-1/B/8-2, paragraph 2.

FOR EXISTING CLASS B NON RO-RO PASSENGER SHIPS: 1,0

7 Special requirements concerning ship subdivision (R 7)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 Where in a portion or portions of a ship the watertight bulkheads are carried to a higher deck than in the remainder of the ship and it is desired to take advantage of this higher extension of the bulkheads in calculating the floodable length, separate margin lines may be used for each such portion of the ship provided that: .1 the sides of the ship are extended throughout the ship's length to the deck corresponding to the upper margin line and all openings in the shell plating below this deck throughout the length of the ship are treated as being below a margin line, for the purpose of Regulation 15; and .2 the two compartments adjacent to the ‘step’ in the bulkhead deck are each within the permissible length corresponding to their respective margin lines, and, in addition, their combined length does not exceed twice the permissible length based on the lower margin line.

.2 A compartment may exceed the permissible length determined by the rules of Regulation 4 provided the combined length of each pair of adjacent compartments to which the compartment in question is common does not exceed either the floodable length or twice the permissible length, whichever is less.

.3 A main transverse bulkhead may be recessed provided that all parts of the recess lie inboard of vertical surfaces on both sides of the ship, situated at a distance from the shell plating equal to one fifth of the breadth of the ship, and measured at right angles to the centreline at the level of the deepest subdivision load line. Any part of a recess which lies outside these limits shall be dealt with as a step in accordance with paragraph .6.

.4 Where a main transverse bulkhead is recessed or stepped, an equivalent plane bulkhead shall be used in determining the subdivision.

.5 Where a main transverse watertight compartment contains local subdivision and the Administration of the flag State is satisfied that, after any assumed side damage extending over a length of 3,0 metres plus 3 % of the length of the ship or 11,0 metres, or 10 % of the length of the ship whichever is the less, the whole volume of the main compartment will not be flooded, a proportionate allowance may be made in the permissible length otherwise required for such compartment. In such a case the volume of the effective buoyancy assumed on the undamaged side shall not be greater than that assumed on the damaged side. Allowance under this paragraph will only be made if such allowance is not likely to prevent compliance with Regulation 8.

NEW CLASS B, C AND D SHIPS:

.6 A main transverse bulkhead may be stepped provided that it meets one of the following conditions: .1 the combined length of the two compartments, separated by the bulkhead in question, does not exceed either 90 % of the floodable length or twice the permissible length, except that, in ships having a subdivision factor equal to 1, the combined length of the two compartments in question shall not exceed the permissible length; .2 additional subdivision is provided in way of the step to maintain the same level of safety as that secured by a plane bulkhead; .3 the compartment over which the step extends does not exceed the permissible length corresponding to a margin line taken 76 mm below the step.

.7 In ships of 100 metres in length and upwards, one of the main transverse bulkheads abaft the forepeak shall be fitted at a distance from the forward perpendicular which is not greater than the permissible length.

.8 If the distance between two adjacent main transverse bulkheads, or their equivalent plank bulkheads, or the distance between the transverse planes passing through the nearest stepped portions of the bulkheads, is less than 3,0 metres plus 3 % of the length of the ship, or 11,0 metres, or 10 % of the length of the ship, whichever is less, only one of these bulkheads shall be regarded as forming part of the subdivision of the ship.

.9 Where the required subdivision factor is 0,50, the combined length of any two adjacent compartments shall not exceed the floodable length.

8 Stability in damaged conditions (R 8)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1.1 Sufficient intact stability shall be provided in all service conditions so as to enable the ship to withstand the final stage of flooding of any one main compartment which is required to be within the floodable length.

.1.2 Where two adjacent main compartments are separated by a bulkhead which is stepped under the conditions of Regulation 7.6.1, the intact stability shall be adequate to withstand the flooding of those two adjacent compartments.

.1.3 Where the required factor of subdivision is 0,50, the intact stability shall be adequate to withstand the flooding of any two adjacent compartments.

.2.1 The requirements of subparagraph .1 shall be determined by calculations which are in accordance with paragraphs .3, .4 and .6 and which take into consideration the proportions and design characteristics of the ship and the arrangement and configuration of the damaged compartments. In making these calculations the ship is to be assumed in the worst anticipated service condition as regards stability.

.2.2 Where it is proposed to fit decks, inner skins or longitudinal bulkheads of sufficient tightness to seriously restrict the flow of water, proper consideration is to be given to such restrictions in the calculations.

NEW CLASS B, C AND D SHIPS AND EXISTING CLASS B RO-RO PASSENGER SHIPS AND EXISTING CLASS B NON RO-RO PASSENGER SHIPS, CONSTRUCTED ON OR AFTER 29 APRIL 1990:

.2.3 The stability required in the final condition after damage, and after equalisation where provided, shall be determined as follows: .2.3.1 The positive residual righting lever curve shall have a minimum range of 15 ° beyond the angle of equilibrium. This range may be reduced to a minimum of 10 ° in cases where the area under the righting lever curve is that specified in subparagraph .2.3.2 multiplied by the ratio 15/range, where range is expressed in degrees. .2.3.2 The area under the righting lever curve shall be at least 0,015 m-rad, measured from the angle of equilibrium to the lesser of: .1 the angle at which progressive flooding occurs; .2 22 ° (measured from upright) in the case of one-compartment flooding, or 27 ° (measured from the upright) in the case of the simultaneous flooding of two adjacent compartments. .2.3.3 A residual righting lever is to be obtained within the range of positive stability, taking into account the greatest of the following heeling moments: .1 the crowding of all passengers towards one side; .2 the launching of all fully loaded davit-launched survival craft on one side; .3 due to wind pressure; as calculated by the formula: However, in no case is the righting lever to be less than 0,10 metres. .2.3.4 For the purpose of calculating the heeling moments in paragraph .2.3.3 the following assumptions shall be made: .1 Moment due to crowding of passengers: .1.1 four persons per square metre; .1.2 a mass of 75 kg for each passenger; .1.3 passengers shall be distributed on available deck areas towards one side of the ship on the decks where assembly stations are located and in such a way that they produce the most adverse heeling moment. .2 Moment due to launching of all fully loaded davit-launched survival craft on one side: .2.1 all lifeboats and rescue boats fitted on the side to which the ship has heeled after having sustained damage shall be assumed to be swung out fully loaded and ready for lowering; .2.2 for lifeboats which are arranged to be launched fully loaded from the stowed position, the maximum heeling moment during launching shall be taken; .2.3 a fully loaded davit-launched life-raft attached to each davit on the side to which the ship has heeled after having sustained damage shall be assumed to be swung out ready for lowering; .2.4 persons not in the life-saving appliances which are swung out shall not provide either additional heeling or righting moment; .2.5 life-saving appliances on the side of the ship opposite to the side to which the ship has heeled shall be assumed to be in a stowed position. .3 Moments due to wind pressure: .3.1 class B: a wind pressure of 120 N/m2 to be applied; classes C and D: a wind pressure of 80 N/m2 to be applied; .3.2 the area applicable shall be the projected lateral area of the ship above the waterline corresponding to the intact condition; .3.3 the moment arm shall be the vertical distance from a point at one half of the mean draught corresponding to the intact condition to the centre of gravity of the lateral area.

.2.4 When major progressive flooding occurs, that is, when it causes a rapid reduction in the righting lever of 0,04 metres or more, the righting lever curve is to be considered as terminated at the angle the progressive flooding occurs and the range and the area referred to in .2.3.1 and .2.3.2 should be measured to that angle.

.2.5 In cases where the progressive flooding is of limited nature that does not continue unabated and causes an acceptably slow reduction in righting lever of less than 0,04 metres, the remainder of the curve shall be partially truncated by assuming that the progressively flooded space is so flooded from the beginning.

.2.6 In intermediate stages of flooding, the maximum righting lever shall be at least 0,05 metres and the range of positive righting levers shall be at least 7. In all cases, only one breach in the hull and only one free surface need be assumed.

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.3 For the purpose of making damaged stability calculations the volume and surface permeabilities shall be as follows: Spaces Permeability (%) Appropriated to cargo or stores 60 Occupied by accommodations 95 Occupied by machineries 85 Intended for liquids 0 or 95 (1) Higher surface permeabilities are to be assumed in respect of spaces which, in the vicinity of the damaged waterplane, contain no substantial quantity of accommodation or machinery and spaces which are not generally occupied by any substantial quantity of cargo or stores.

.4 Assumed extent of damage shall be as follows: .1 longitudinal extent: 3,0 metres plus 3 % of the length of the ship, or 11,0 metres or 10 % of the length of the ship, whichever is less; .2 transverse extent (measured inboard from the ship's side, at right angles to the centreline at the level of the deepest subdivision load line): a distance of one fifth of the breadth of the ship; and .3 vertical extent: from the base line upwards without limit; .4 if any damage of lesser extent than that indicated in .4.1, .4.2 or .4.3 would result in a more severe condition regarding heel or loss of metacentric height, such damage shall be assumed in the calculations.

.5 Unsymmetrical flooding is to be kept to a minimum consistent with efficient arrangements. Where it is necessary to correct large angles of heel, the means adopted shall, where practicable, be self-acting, but in any case where controls to cross-flooding fittings are provided they shall be operable from above the bulkhead deck. For new class B, C and D ships the maximum angle of heel after flooding but before equalisation shall not exceed 15 °. Where cross-flooding fittings are required the time for equalisation shall not exceed 15 minutes. Suitable information concerning the use of cross-flooding fittings shall be supplied to the master of the ship.

.6 The final conditions of the ship after damage and, in the case of unsymmetrical flooding, after equalisation measures have been taken shall be as follows: .1 in the case of symmetrical flooding there shall be a positive residual metacentric height of at least 50 mm as calculated by the constant displacement method; .2a unless provided otherwise in paragraph .6.2b, in the case of unsymmetrical flooding the angle of heel for one-compartment flooding shall not exceed 7 ° for class B ships (new and existing) and 12 ° for classes C and D ships (new). For the simultaneous flooding of two adjacent compartments, a heel of 12 ° may be permitted for existing and new class B ships, provided that the factor of subdivision is nowhere greater than 0,50 in that part of the ship that is flooded; .2b for existing class B non ro-ro passenger ships, constructed before 29 April 1990, in the case of unsymmetrical flooding, the angle shall not exceed 7 °, except that in exceptional cases the Administration may allow additional heel due to the unsymmetrical moment, but in no case shall the final heel exceed 15; .3 in no case shall the margin line be submerged in the final stage of flooding. If it is considered that the margin line may become submerged during an intermediate stage of flooding, the Administration of the flag State may require such investigations and arrangements as it considers necessary for the safety of the ship.

.7 The master of the ship shall be supplied with the data necessary to maintain sufficient intact stability under service conditions to enable the ship to withstand the critical damage. In the case of ships requiring cross-flooding, the master of the ship shall be informed of the conditions of stability on which the calculations of heel are based and shall be warned that excessive heeling might result should the ship sustain damage when in a less favourable condition.

.8 The data referred to in paragraph .7 to enable the master to maintain sufficient intact stability shall include information which indicates the maximum permissible height of the ship's centre of gravity above keel (KG), or alternatively the minimum permissible metacentric height (GM), for a range of draughts or displacements sufficient to include all service conditions. The information shall show the influence of various trims taking into account the operational limits.

.9 Each ship shall have scales of draughts marked clearly at the bow and stern. In the case where the draught marks are not located where they are easily readable, or operational constraints for a particular trade make it difficult to read the draught marks, then the ship shall also be fitted with a reliable draught indicating system by which the bow and stern draughts can be determined.

.10 On completion of loading of the ship and prior to its departure, the master shall determine the ship's trim and stability and also ascertain and record that the ship is in compliance with stability criteria in the relevant regulations. The determination of the ship's stability shall always be made by calculation. An electronic loading and stability computer or equivalent means may be used for this purpose.

.11 No relaxation from the requirements for damage stability may be considered by the Administration of the flag State unless it is shown that the intact metacentric height in any service condition necessary to meet these requirements is excessive for the service intended.

.12 Relaxations from the requirements for damage stability shall be permitted only in exceptional cases and subject to the condition that the Administration of the flag State is to be satisfied that the proportions, arrangements and other characteristics of the ship are the most favourable to stability after damage which can practically and reasonably be adopted in the particular circumstances.

8-1 Stability of ro-ro passenger ships in damaged conditions (R 8-1)

EXISTING CLASS B RO-RO PASSENGER SHIPS:

.1 Existing class B ro-ro passenger ships shall comply with Regulation 8 not later than the date of the first periodical survey after the date of compliance prescribed below, according to the value of A/Amax as defined in the Annex of the Calculation Procedure to Assess the Survivability Characteristics of Existing Ro-Ro Passenger Ships when Using a Simplified Method Based Upon Resolution A.265 (VIII), developed by the Maritime Safety Committee at its 59th session in June 1991 (MSC/Circ. 574): Value of A/Amax Date of compliance less than 85 % 1 October 1998 85 % or more but less than 90 % 1 October 2000 90 % or more but less than 95 % 1 October 2002 95 % or more but less than 97,5 % 1 October 2004 97,5 % or more 1 October 2005

8-2 Special requirements for ro-ro passenger ships carrying 400 persons or more (R 8-2)

NEW CLASS B, C AND D AND EXISTING CLASS B RO-RO PASSENGER SHIPS:

Notwithstanding the provisions of Regulation II-1/B/8 and II-1/B/8-1:

.1 new ro-ro passenger ships certified to carry 400 persons or more shall comply with the provisions of paragraph .2.3 of Regulation II-1/B/8, assuming the damage applied anywhere within the ship's length L; and

.2 existing ro-ro passenger ships certified to carry 400 persons or more shall comply with the requirements of paragraph .1 not later than the date of the first periodical survey after the date of compliance prescribed in subparagraph .2.1, .2.2 or .2.3 which occurs the latest: .2.1 Value of A/Amax Date of compliance less than 85 % 1 October 1998 85 % or more but less than 90 % 1 October 2000 90 % or more but less than 95 % 1 October 2002 95 % or more but less than 97,5 % 1 October 2004 97,5 % or more 1 October 2010 .2.2 Number of persons permitted to be carried: 1 500 or more 1 October 2002 1 000 or more but less than 1 500 1 October 2006 600 or more but less than 1 000 1 October 2008 400 or more but less than 600 1 October 2010 .2.3 Age of the ship equal or greater than 20 years: where the age of the ship means the time counted from the date on which the keel was laid or the date on which it was at a similar stage of construction or from the date on which the ship was converted to a ro-ro passenger ship.

8-3 Special requirements for passenger ships, other than ro-ro passenger ships, carrying 400 persons or more

CLASS B, C AND D SHIPS CONSTRUCTED ON OR AFTER 1 JANUARY 2003, OTHER THAN RO-RO PASSENGER SHIPS.

Notwithstanding the provisions of Regulation II-1/B/8 passenger ships, other than ro-ro passenger ships, certified to carry more than 400 persons shall comply with the provisions of paragraphs 2.3 and 2.6 of Regulation II-1/B/8, assuming the damage applied anywhere within the ship's length L.

9 Peak and machinery space bulkheads (R 10)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 A forepeak or collision bulkhead shall be fitted which shall be watertight up to the bulkhead deck. This bulkhead shall be located at a distance from the forward perpendicular of not less than 5 % of the length of the ship and not more than 3 metres plus 5 % of the length of the ship.

.2 Where any part of the ship below the waterline extends forward of the forward perpendicular, e. g. a bulbous bow, the distances stipulated in paragraph .1 shall be measured from a point either: .1 at the mid-length of such extension; or .2 at a distance 1,5 % of the length of the ship forward of the forward perpendicular; or .3 at a distance 3 metres forward of the forward perpendicular, whichever gives the smallest measurement.

.3 Where a long forward superstructure is fitted, the forepeak or collision bulkhead shall be extended weathertight to the next full deck above the bulkhead deck. The extension shall be so arranged as to preclude the possibility of the bow door causing damage to it in the case of damage to, or detachment of, a bow door.

.4 The extension required in paragraph .3 need not be fitted directly above the bulkhead below provided all parts of the extension are not located forward of the forward limit specified in paragraph .1 or in paragraph .2. However, in existing class B ships: .1 where a sloping loading ramp forms part of the extension of the collision bulkhead above the bulkhead deck, the part of the ramp which is more than 2,3 metres above the bulkhead deck may extend no more than 1,0 metre forward of the forward limits specified in paragraphs .1 and .2; .2 where the existing ramp does not comply with the requirements for acceptance as an extension to the collision bulkhead and the position of the ramp prevents the siting of such extension within the limits specified in paragraph .1 or paragraph .2, the extension may be sited within a limited distance aft of the aft limit specified in paragraph .1 or paragraph .2. The limited distance aft should be no more than is necessary to ensure non-interference with the ramp. The extension to the collision bulkhead shall open forward and comply with the requirements of paragraph .3 and shall be so arranged as to preclude the possibility of the ramp causing damage to it in the case of damage to, or detachment of, the ramp.

.5 Ramps not meeting the above requirements shall be disregarded as an extension to the collision bulkhead.

.6 In existing class B ships, the requirements of paragraph .3 and .4 apply as from the date of the first periodical survey after 1 July 1998.

.7 An afterpeak bulkhead, and bulkheads dividing the machinery space, from the cargo and passenger spaces forward and aft, shall also be fitted and made watertight up to the bulkhead deck. The afterpeak bulkhead may, however, be stepped below the bulkhead deck, provided the degree of safety of the ship as regards subdivision is not thereby diminished.

.8 In all cases stern tubes shall be enclosed in watertight spaces. The stern gland shall be situated in a watertight shaft tunnel or other watertight space separate from the stern tube compartment and of such volume that, if flooded by leakage through the stern gland, the margin line will not be submerged.

10 Double bottoms (R 12)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS, AND NEW SHIPS CONSTRUCTED ON OR AFTER 1 JANUARY 2003 WITH A LENGTH OF 24 METRES AND ABOVE.

.1 In new class B, C and D and existing class B ships, and new ships constructed on or after 1 January 2003 with a length of 24 metres and above, a double bottom shall be fitted extending from the forepeak bulkhead to the afterpeak bulkhead as far as this is practicable and compatible with the design and proper working of the ship. .1 In ships of 50 metres and upwards but less than 61 metres in length, a double bottom shall be fitted at least from the machinery space to the forepeak bulkhead, or as near thereto as practicable. .2 In ships of 61 metres and upwards but less than 76 metres in length, a double bottom shall be fitted at least outside the machinery space and shall extend to the fore and after peak bulkheads or as near thereto as practicable. .3 In ships of 76 metres in length and upwards, a double bottom shall be fitted amidships and shall extend to the fore and after peak bulkhead or as near as practicable.

.2 Where a double bottom is required to be fitted its depth shall comply with the standards of a recognised organisation and the inner bottom shall be continued out to the ship's sides in such a manner as to protect the bottom to the turn of the bilge. Such protection will be deemed satisfactory if the line of intersection of the outer edge of the margin plate with the bilge plating is not lower at any part than a horizontal plane passing through the point of intersection with the frame line amidships of a transverse diagonal line inclined at 25 ° to the base line and cutting it at a point one half of the ship's moulded breadth from the middle line.

.3 Small wells constructed in the double bottom in connection with drainage arrangements of holds, etc., shall not extend downwards more than necessary. The depth of the well shall in no case be more than the depth less 460 mm of the double bottom at the centreline, nor shall the well extend below the horizontal plane referred to in paragraph .2. A well extending to the outer bottom is, however, permitted at the after end of the shaft tunnel. Other wells (e.g. for lubricating oil under main engines) may be permitted by the Administration of the flag State if satisfied that the arrangements give protection equivalent to that afforded by a double bottom complying with this regulation.

.4 A double bottom need not be fitted in way of watertight compartments of moderate size used exclusively for the carriage of liquids, provided the safety of the ship, in the event of bottom or side damage, is not, in the opinion of the Administration of the flag State, thereby impaired.

.5 Notwithstanding paragraph .1 of this Regulation 10, the Administration of the flag State may permit a double bottom to be dispensed with in any part of the ship which is subdivided by a factor not exceeding 0,5, if satisfied that the fitting of a double bottom in that part would not be compatible with the design and proper working of the ship.

11 Assigning, marking and recording of subdivision load lines (R 13)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 In order that the required degree of subdivision shall be maintained, a load line corresponding to the approved subdivision draught shall be assigned and marked on the ship's sides amidships. A ship having spaces which are specially adapted for the accommodation of passengers and the carriage of cargo alternatively may, if owners desire, have one or more additional load lines assigned and marked to correspond with the subdivision draughts which the Administration of the flag State may approve for alternative service conditions.

.2 The subdivision load lines assigned and marked shall be recorded in the Passenger Ship Safety Certificate, and shall be identified by the notation C.1 if there is only one subdivision load line. If there is more than one subdivision load line, the alternative conditions shall be identified by the notations C.2, C.3, C.4 etc. (2).

.3 The freeboard corresponding to each of these load lines shall be measured at the same position and from the same deck line as the freeboards determined in accordance with the International Convention on Load Lines in force.

.4 The freeboard corresponding to each approved subdivision load line and the conditions of service for which it is approved shall be clearly indicated on the Passenger Ship Safety Certificate.

.5 In no case shall any subdivision load line mark be placed above the deepest load line in salt water as determined by the strength of the ship or the International Convention on Load Lines in force.

.6 Whatever may be the position of the subdivision load line marks, a ship shall in no case be loaded so as to submerge the load line mark appropriate to the season and locality as determined in accordance with the International Convention on Load Lines in force.

.7 A ship shall in no case be so loaded that the subdivision load line mark appropriate to the particular voyage and condition of service is submerged.

12 Construction and initial testing of watertight bulkheads, etc. (R 14)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 Each watertight subdivision bulkhead, whether transverse or longitudinal, shall be constructed in such a manner that it shall be capable of supporting, with a proper margin of resistance, the pressure due to the maximum head of water which it might have to sustain in the event of damage to the ship but at least the pressure due to a head of water up to the margin line. The construction of these bulkheads shall be in accordance with the standards of a recognised organisation.

.2.1 Steps and recesses in bulkheads shall be watertight and as strong as the bulkhead at the place where each occurs.

.2.2 Where frames or beams pass through a watertight deck or bulkhead, such deck or bulkhead shall be made structurally watertight without the use of wood or cement.

.3 Testing main compartments by filling them with water is not compulsory. When testing by filling with water is not carried out, a hose test shall be carried out where practicable. This test shall be carried out in the most advanced stage of the fitting-out of the ship. Where a hose test is not practicable because of possible damage to machinery, electrical equipment insulation or out fitting items, it may be replaced by a careful visual examination of welded connections, supported where deemed necessary by means such as a dye penetrant test or ultrasonic leak test or an equivalent test. In any case, a thorough inspection of the watertight bulkheads shall be carried out.

.4 The forepeak, double bottoms (including duct keels) and inner skins shall be tested with water to a head corresponding to the requirements of paragraph .1 of this Regulation 12.

.5 Tanks which are intended to hold liquids, and which form part of the subdivision of the ship, shall be tested for tightness with water to a head up to the deepest subdivision load line or to a head corresponding to two thirds of the depth from the top of keel to the margin line in way of the tanks, whichever is the greater, provided that in no case shall the test head be less than 0,9 metres above the top of the tank; if testing by water is impracticable, air leak testing while the tanks are subjected to an air pressure of not more than 0,14 bar may be accepted.

.6 The tests referred to in paragraphs .4 and .5 are for the purpose of ensuring that the subdivision structural arrangements are watertight and are not to be regarded as a test of the fitness of any compartment for the storage of oil fuel or for other special purposes for which a test of a superior character may be required depending on the height to which the liquid has access in the tank or its connections.

13 Openings in watertight bulkheads (R 15)

NEW CLASS B, C AND D AND EXISTING CLASS B SHIPS:

.1 The number of openings in watertight bulkheads shall be reduced to the minimum compatible with the design and proper working of the ship; satisfactory means shall be provided for closing these openings.

.2.1 Where pipes, scuppers, electrical cables, etc., are carried through watertight subdivision bulkheads, arrangements shall be made to ensure the watertight integrity of the bulkheads.

.2.2 Valves not forming part of a piping system shall not be permitted in watertight subdivision bulkheads.

.2.3 Lead or other heat-sensitive materials shall not be used in systems which penetrate watertight subdivision bulkheads, where deterioration of such systems in the event of fire would impair the watertight integrity of the bulkheads.

.3.1 No doors, manholes, or access openings are permitted:

.1 in the collision bulkhead below the margin line;

.2 in watertight transverse bulkheads dividing a cargo space from an adjoining cargo space, except as provided for in paragraph .10.1 of this Regulation 13 and in Regulation 14.

.3.2 Except as provided in paragraph .3.3, the collision bulkhead may be pierced below the margin line by no more than one pipe for dealing with fluid in the fore peak tank, provided that the pipe is fitted with a screw-down valve capable of being operated from above the bulkhead deck, the valve chest being secured inside the fore peak to the collision bulkhead. However, the fitting of this valve on the afterside of the collision bulkhead may be accepted provided that the valve is readily accessible under all service conditions and the space in which it is located is not a cargo space.

.3.3 If the fore peak is divided to hold two different kinds of liquids, the collision bulkhead may be pierced below the margin line by two pipes each of which is fitted as required by paragraph .3.1, provided that there is no practical alternative to the fitting of such a second pipe and that, having regard to the additional subdivision provided in the forepeak, the safety of the ship is maintained.

.4 Within spaces containing the main and auxiliary propulsion machinery including boilers serving the needs of propulsion not more than one door apart from the doors to shaft tunnels may be fitted in each main transverse bulkhead. Where two or more shafts are fitted the tunnels shall be connected by an intercommunicating passage. There shall be only one door between the machinery space and the tunnel spaces where two shafts are fitted and only two doors where there are more than two shafts. All these doors shall be of the sliding type and shall be so located as to have their sills as high as practicable. The hand gear for operating these doors from above the bulkhead deck shall be situated outside the spaces containing the machinery.

.5.1 EXISTING CLASS B SHIPS AND NEW CLASS B, C AND D SHIPS OF LESS THAN 24 METRES IN LENGTH:

Watertight doors shall be sliding doors or hinged doors or doors of an equivalent type. Plate doors secured only by bolts and doors required to be closed by dropping or by the action of a dropping weight are not permitted.

NEW CLASS B, C AND D SHIPS OF 24 METRES IN LENGTH AND OVER:

Watertight doors, except as provided in paragraph .10.1 of this Regulation 13 or Regulation 14, shall be power-operated sliding doors complying with the requirements of paragraph .7 capable of being closed simultaneously from the central operating console at the navigating bridge in not more than 60 seconds with the ship in upright position.

.5.2 EXISTING CLASS B SHIPS AND NEW CLASS B, C AND D SHIPS OF LESS THAN 24 METRES IN LENGTH:

Sliding doors may be either:

— hand-operated only; or

— power-operated as well as hand-operated.

NEW CLASS B, C AND D SHIPS OF 24 METRES IN LENGTH AND OVER:

In ships where the total number of watertight doors is not more than two and these doors are situated in the machinery space or in the bulkheads bounding such space, the Administration of the flag State may allow these two doors to be hand-operated only. Where hand-operated sliding doors are fitted, such doors are to be closed before the vessel leaves its berth on a passenger-carrying voyage and shall be kept closed during navigation.

NEW CLASS B, C AND D SHIPS AND EXISTING CLASS B SHIPS:

.5.3 The means of operation whether by power or by hand of any sliding watertight door whether power-operated or not shall be capable of closing the door with the ship listed to 15 ° either way. Consideration shall also be given to the forces which may act on either side of the doors as may be experienced when water is flowing through the opening applying a static head equivalent to a water height of at least 1 metre above the sill on the centreline of the door.

NEW CLASS B, C AND D SHIPS OF 24 METRES IN LENGTH AND OVER:

.5.4 Watertight door controls, including hydraulic piping and electric cables, shall be kept as close as practicable to the bulkhead in which the doors are fitted, in order to minimise the likelihood of them being involved in any damage which the ship may sustain. The positioning of watertight doors and their controls shall be such that if the ship sustains damage within one fifth of the breadth of the ship, such distance being measured at right angles to the centreline at the level of the deepest subdivision load line, the operation of the watertight doors clear of the damaged portion of the ship is not impaired.

.5.5 All power-operated and hand-operated sliding watertight doors shall be provided with means of indication which will show at all remote operating positions whether the doors are open or closed. Remote operating positions shall only be at the navigating bridge as required by paragraph .7.1.5 and the location where hand operation above the bulkhead deck is required by paragraph .7.1.4.

EXISTING CLASS B SHIPS AND NEW CLASS B, C AND D SHIPS OF LESS THAN 24 METRES IN LENGTH:

.5.6 Watertight doors which do not comply with paragraphs .5.1 to .5.5 shall be closed before the voyage commences, and shall be kept closed during navigation; the time of opening such doors in port and of closing them before the ship leaves port shall be entered in the logbook.

NEW CLASS B, C AND D SHIPS OF LESS THAN 24 METRES IN LENGTH AND EXISTING CLASS B SHIPS:

.6.1 Hand-operated sliding doors may have a horizontal or vertical motion. It shall be possible to operate the mechanism at the door itself from either side, and from an accessible position above the bulkhead deck, with an all-round crank motion, or some other movement providing the same guarantee of safety and of an approved type. When operating a hand gear the time necessary for the complete closure of the door with the vessel upright shall not