A4-0230/96

Proposal for a Council Directive on safety rules and standards for passenger ships (COM(96)0061 - C4-0208/96 - 96/0041(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 6

>Original text>

Whereas it is necessary therefore to establish common standards throughout the Community in order to attain a harmonised and appropriate level of safety not only in the interest of passengers and of crew, but also to ensure that competition between operators takes place on an equal footing in Community waters; whereas such common standards should be introduced initially for domestic voyages where differences in the standards between Member States are the greatest and only for international voyages thereafter, in the light of the Community policy not, as a general rule, to adopt rules for international voyages outside the existing international framework; whereas in order to commence the appropriate procedures for the establishment of rules for international voyages based on those established for domestic voyages, the Commission should be authorised to negotiate for the Community in the International Maritime Organisation the revising and updating of rules for international voyages and introducing of rules relating to the grant of exemptions from SOLAS rules for such voyages;

>Text following EP vote>

Whereas it is necessary therefore to establish common standards throughout the Community in order to attain a harmonised and appropriate level of safety not only in the interest of passengers and of crew, but also to ensure that competition between operators takes place on an equal footing in Community waters; whereas such common standards should not hinder the implementation of existing higher standards of safety in Member States; whereas such common standards should be introduced initially for domestic voyages where differences in the standards between Member States are the greatest and only for international voyages thereafter, in the light of the Community policy not, as a general rule, to adopt rules for international voyages outside the existing international framework; whereas in order to commence the appropriate procedures for the establishment of rules for international voyages based on those established for domestic voyages, the Commission should be authorised to negotiate for the Community in the International Maritime Organisation the revising and updating of rules for international voyages and introducing of rules relating to the grant of exemptions from SOLAS rules for such voyages;

(Amendment 2)

Recital 8

>Original text>

Whereas 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; inaction by the Community would not only lead to insufficient protection for passengers but to the persistence of overly complex and uncertain systems within the Community to the detriment and expense of the industry;

>Text following EP vote>

Whereas 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; inaction by the Community would not only lead, in some cases, to insufficient protection for passengers but to the persistence of overly complex and uncertain systems within the Community to the detriment and expense of the industry;

(Amendment 3)

Recital 16

>Original text>

Whereas in view of the substantial differences in conception, construction and use of high speed passenger craft compared to traditional passenger ships, such craft should be required to respect special rules;

>Text following EP vote>

Whereas in view of the substantial differences in conception, construction and use of high speed passenger craft compared to traditional passenger ships, such craft should be required to respect, in addition to this Directive, special rules;

(Amendment 4)

Recital 17

>Original text>

Whereas Member States may exercise rights as port States to control the compliance with the provisions of this Directive based on those foreseen in Council Directive 95/21 of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control);

>Text following EP vote>

Whereas Member States may exercise rights as port States to control the compliance with the provisions of this Directive based on those foreseen in Council Directive 95/21 of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) as well as the Community Directive on the minimum level of training for maritime occupations;

(Amendment 5)

Article 1

>Original text>

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 harmonizing the rules for passenger ships engaged on international voyages.

>Text following EP vote>

The purpose of this Directive is to introduce a uniform level of safety of life and protection of the environment(1) for 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 harmonizing the rules for passenger ships engaged on international voyages.

______________

(1) In line with the MARPOL Convention.

(Amendment 6)

Article 3(1), 2nd subparagraph

>Original text>

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 its territory.

>Text following EP vote>

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 at least with the requirements of this Directive, before they may be engaged on domestic voyages in its territory.

(Amendment 7)

Article 4(1), classes B, C and D

>Original text>

'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.

>Text following EP vote>

'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 nearest safe landing point.

>Original text>

'Class C¨ means a passenger ship engaged on domestic voyages in sea areas where the probability of exceeding 2.5 m 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 yar 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.

>Text following EP vote>

'Class C¨ means a passenger ship engaged on domestic voyages in sea areas where the probability of exceeding 2.5 m 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 yar for operation exclusively in such period (e.g. summer period operation), in the course of which it is at no time more than 10 miles from a place of refuge, nor more than 5 miles from the nearest safe landing point.

>Original text>

'Class D¨ means a passenger ship engaged on domestic voyages in sea areas where the probability of exceeding 1.5 m 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.

>Text following EP vote>

'Class D¨ means a passenger ship engaged on domestic voyages in sea areas where the probability of exceeding 1.5 m 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 nearest safe landing point.

(Amendment 8)

Article 5(1)

>Original text>

1. Both new and existing passenger ships and high speed passenger craft when engaged on domestic voyages shall comply with the relevant safety rules laid down in this Directive.

>Text following EP vote>

1. Both new and existing passenger ships and high speed passenger craft when engaged on domestic voyages shall comply with the relevant safety rules laid down in this Directive; they shall at least comply with existing national safety requirements in relation to specific local conditions when operating in their domestic waters.

(Amendment 9)

Article 5(4a) (new)

>Text following EP vote>

4a. This Directive shall apply in conformity with Community compulsory regulations on seafarers' working conditions and training, including recognition of professional certificates issued by Member States or third countries.

(Amendment 10)

Article 6(2)(a)(ii)

>Original text>

(ii) New passenger ships of classes B, C and D shall comply with the specific relevant requirements specified in this Directive and its Annex I.

>Text following EP vote>

(ii) New passenger ships of classes B, C and D shall comply with the specific relevant requirements specified in this Directive and its Annex I, where appropriate, according to their class.

(Amendment 11)

Article 6(3)(c)

>Original text>

(c) Existing passenger ships of classes C and D shall comply with the specific relevant requirements of this Directive and Chapter III of Annex I 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.

>Text following EP vote>

(c) Existing passenger ships of classes C and D shall comply with the national rules of the flag State, ensuring an equivalent level of safety to that of Chapters III, II-1, II-2 of Annex I of this Directive and take 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 seek concurrence of the host State on such rules.

(Amendment 12)

Article 6(3)(d)

>Original text>

(d) In the event that a Member State is of the view that the rules laid down by the administration of a flag State pursuant to paragraphs (b) and (c) do not respect the requirements laid down therein it shall immediately notify the Commission thereof. The Commission shall initiate proceedings in order to take a decision in accordance with the procedure laid down in Article 9 paragraph 2.

>Text following EP vote>

(d) In the event that a Member State in its capacity as flag State is of the view that the rules required by the administration of the host State pursuant to paragraphs (b) and (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 laid down in Article 9 paragraph 2.

(Amendment 13)

Article 10(4)

>Original text>

4. The relevant procedures and guidelines for surveys for the passenger ship safety certificate specified in IMO Resolution A. 746 (18) adopted on 4 November 1993 on 'survey guidelines under the harmonized system of survey and certification¨, as they are at the time of adoption of this Directive, shall be followed.

>Text following EP vote>

4. The relevant procedures and guidelines for surveys for the passenger ship safety certificate specified in IMO Resolution A. 746 (18) adopted on 4 November 1993 on 'survey guidelines under the harmonized system of survey and certification¨, as they are at the time of adoption of this Directive, or as modified at a later stage, in respect of a better monitoring of the conduct of classification societies, shall be followed.

(Amendment 14)

Article 11(1)

>Original text>

1. All new and existing passenger ships shall be provided with a declaration of compliance with this Directive. The declaration of compliance shall have a format as laid down in Annex II. This declaration shall be issued by the Administration of the flag State after an initial survey, as described in Article 10(1)(a) and (2)(a), has been carried out.

>Text following EP vote>

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 Article 10(1)(a) and (2)(a), has been carried out.

(Amendment 15)

Article 11(2)

>Original text>

2. The declaration of compliance shall be issued for a period not exceeding 12 months. The period of validity of the declaration 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 declaration starts from the expiry date of the existing declaration before its extension.

>Text following EP vote>

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 starts from the expiry date of the existing certificate before its extension.

>Original text>

Renewal of the declaration of compliance shall be issued after a renewal survey, as described in Article 10(1)(b) and (2)(b), has been carried out.

>Text following EP vote>

Renewal of the passenger ship safety certificate shall be issued after a renewal survey, as described in Article 10(1)(b) and (2)(b), has been carried out.

(Amendment 16)

Annex I, chapter II-1, part B, point 1, first paragraph

>Original text>

NEW CLASS A, B, C AND D SHIPS:

All classes of new ships shall comply with the relevant provisions for passenger ships of the Code on Intact Stability as adopted on 4 November 1993 by the International Maritime Organization at the 18th session of its Assembly through resolution A.749(18)

>Text following EP vote>

NEW CLASS A and B SHIPS:

All classes of new ships of 24 m. 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 International Maritime Organization at the 18th session of its Assembly through resolution A.749(18)

(Amendment 17)

Annex I, chapter II-2, part B, point 16(1), introduction

>Original text>

1. not later than 1 October 1997:

>Text following EP vote>

1. not later than 1 October 2000:

(Amendment 18)

Annex I, chapter III(2), 1st subparagraph

>Original text>

NEW AND EXISTING CLASS B, C AND D SHIPS:

Every ship shall carry at least the radio life-saving appliances, personal life- saving appliances, survival craft and rescue boats, distress flares, line- throwing appliances specified in the following table and relative notes, on the basis of the ship's CLASS. All above appliances, including their launching appliances where applicable, shall comply with the regulations of Chapter III of the annex to the SOLAS 1974 Convention, as amended, unless expressly provided otherwise in the following paragraphs.

>Text following EP vote>

NEW AND EXISTING CLASS B, C AND D SHIPS:

Every ship shall carry at least the radio life-saving appliances, personal life- saving appliances, survival craft and rescue boats, distress flares, line- throwing appliances specified in the following table and relative notes, on the basis of the ship's CLASS. Existing small ships will continue to apply national requirements in cases where compliance with the following paragraphs would be, in view of the size of the vessel, unreasonable or unnecessary. These cases are determined by the competent authorities of the Member State where the passenger ship mainly operates. All above appliances, including their launching appliances where applicable, shall comply with the regulations of Chapter III of the annex to the SOLAS 1974 Convention, as amended, unless expressly provided otherwise in the following paragraphs.

(Amendment 19)

Annex I, chapter III(2a) (new)

>Text following EP vote>

2a. Survival clothing should be carried for passengers and crew when the passenger ships operate in water where the temperature is low, under 15 degrees Celsius.

(Amendment 20)

Annex II, title

>Original text>

FORM OF

DECLARATION OF COMPLIANCE

>Text following EP vote>

FORM OF

PASSENGER SHIP SAFETY CERTIFICATE

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on safety rules and standards for passenger ships (COM(96)0061 - C4-0208/96 - 96/0041(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0061 - 96/0041(SYN) ((OJ C 238, 16.8.1996, p. 1.)),

- having been consulted by the Council pursuant to Articles 189c and 84(2) of the EC Treaty (C4-0208/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0230/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.