Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 98/18/EC of 17 March 1998, on safety rules and standards for passenger ships (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)

EXPLANATORY MEMORANDUM

During its Plenary Session of 7 November 2002 the European Parliament approved, subject to a number of amendments, the Commission's proposal for a European Parliament and Council Directive amending Council Directive 98/18/EC of 17 March 1998, on safety rules and standards for passenger ships [COM(2002) 158-3, 2002/0075 (COD)].

The European Parliament largely agrees with the main elements of the Commission's proposal. However, it formulated a number of amendments, on the basis of which the Commission proposes to introduce some modifications to its original text.

Most of the amendments proposed by the European Parliament are clarifications and improvements to the current text of the Commission proposal. Others offer added value to the proposal, strengthening some of its aspects, while one amendment has been justified by the Parliament on grounds of subsidiarity. All these amendments have been incorporated to the present amended proposal. They mainly concern the following areas:

* An addition in the recitals clarifying that the timetable for the introduction of specific stability requirements to existing ro-ro ships, provided in new article 6a.2, should not affect the present enforcement of the specific stability requirements by the Member States parties to the Stockholm Agreement.

* The addition of two new definitions in article 2 of the Directive. The first clarifies the term "ro-ro passenger ship" in line with the SOLAS definition as appearing in the Annex I of the Directive and the second the term "age" of a ship in line with existing Community legislation [1].

[1] The same definition appears in the European Parliament and Council Regulation 417/2002 of 18.2.2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94. OJ L 64 of 7.3.2002, p.1

* An adjustment to the definition of "persons with reduced mobility" in order to make it shorter and more specific to transport of passengers by sea.

* Clarifications to the new article 6a, concerning specific stability requirements for domestic ro-ro passenger ships, in order to provide direct references to the relevant articles of the new Directive on specific stability requirements for ro-ro passenger ships.

* The deletion of the provision on the harmonisation of stability requirements on ro-ro passenger ships operating close to the coast (classes C and D ships) built prior to 1/10/2004, which are presently covered by national requirements equivalent to SOLAS. The European Parliament stressed the fact that the present arrangements have the advantage of taking into account the local character in the operation of these ships. This position was accepted by the Commission in a spirit of political compromise.

* An addition in the new article 6b, on accessibility and safety requirements on board passenger ships for persons with reduced mobility, in order to specify that these requirements apply to public transport means. Adjustments are also introduced in the same article as to the dates by which the Member States will have to report to the Commission on the implementation of these measures.

* Improvements to the text of the new Annex III (guidelines), with a specific reference to the IMO recommendation for elderly and disable persons and some additions to the text in favour of passengers with sensory disabilities.

* A modification in the implementation date of the Directive which shall be 18 months from the entry into force of the Directive.

Therefore in compliance with Article 250, paragraph 2 of the EC Treaty, the Commission modifies its proposal.

2002/0075 (COD)

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 98/18/EC of 17 March 1998, on safety rules and standards for passenger ships

(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 [2],

[2] OJ C ..., ..., p. ...

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ C ..., ..., p. ...

Having regard to the opinion of the Committee of the Regions [4],

[4] OJ C ..., ..., p. ...

Acting in accordance with the procedure laid down in Article 251 of the Treaty [5],

[5] OJ C ..., ..., p. ...

Whereas:

(1) Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships [6] introduces a uniform level of safety of life and property on new and existing passenger ships and high speed craft, when both categories of ships and craft are engaged on domestic voyages, and lays down procedures for negotiation at international level with a view to a harmonisation of the rules for passenger ships engaged on international voyages.

[6] OJ L 144, 15.5.1998, p. 1

(2) The definition of sea areas is crucial to determine the application of Directive 98/18/EC to different classes of passenger ships. The Directive includes a procedure for the publication of lists of sea areas that has proved difficult to implement. It is therefore necessary to establish a functional and transparent procedure, enabling effective monitoring of the implementation of the Directive.

(3) With a view to harmonising the level of safety applying to passenger ships across the Community, the derogation given to Greece in relation to the timetable for the application of the safety requirements should be deleted.

(4) Directive [yyyy/xx/EC on specific stability requirements for ro-ro passenger ships [7]] introduces 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 such vessels operating on domestic services under the same sea conditions. Failure to apply such stability requirements should be ground for phasing out ro-ro passenger ships after certain years of operation.

[7] OJ L ..., ..., p. ...

(4a) 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 allow sufficient time to the affected part of the industry to comply: to that end, a phasing-in timetable for existing ships should be provided. This phasing-in timetable should not affect the enforcement of the specific stability requirements by the States parties to the Stockholm Agreement.

(5) It is necessary to take account of changes that have been made to relevant international instruments, such as the International Maritime Organisation (IMO) conventions, protocols, codes and resolutions, and to do so in a flexible and rapid manner.

(6) By virtue of Directive 98/18/EC, the International Code for Safety of High Speed Craft contained in IMO Maritime Safety Committee Resolution MSC 36 (63) of 20 May 1994 applies to all high speed craft operating on domestic services. The IMO has adopted a new high speed craft code, the International Code for Safety of High Speed Craft, 2000 (2000 HSC Code), contained in IMO Maritime Safety Committee Resolution MSC 97(73) of 5 December 2000, applying to all high speed craft constructed on or after 1 July 2002. It is important to ensure that Directive 98/18/EC can be updated in a flexible manner to apply such developments at the international level, also to high speed craft operating on domestic services.

(7) It is important to have regard to the level of safety and access guaranteed to persons with reduced mobility when travelling on passenger ships and high speed craft on domestic services in the Member States.

(8) Directive 98/18/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 98/18/EC is hereby amended as follows:

1) In Article 2 the following points are added:

"ea) "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;

ha) "age" shall mean the age of the ship, expressed in number of years after the date of its delivery.

(w) "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."

2) Article 4, paragraph 2 is replaced by the following:

"2. Each Member State shall:

(a) establish and promptly update, when necessary, a list of sea areas under its jurisdiction, delimiting the zones for the all-year-round 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) Articles 6a and 6b are inserted :

"Article 6a

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 is laid or which are at a similar stage of construction on or after 1 October 2004 shall comply with the provisions of Articles 6, 8 and 9 in Directive [yyyy/xx/EC] on specific stability requirements for ro-ro passenger ships.

2. All ro-ro passenger ships of Classes A and B, the keel of which is laid or which are at a similar stage of construction before 1 October 2004 shall comply with the provisions of Articles 6, 8 and 9 in Directive [yyyy/xx/EC] on specific stability requirements for ro-ro passenger ships 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 6b

Safety requirements for persons with reduced mobility

1. Member States shall ensure that appropriate measures are taken, based on, where practicable, 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 is laid or which are at a similar stage of construction on or after 1 October 2004.

2. Member States shall co-operate 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 craft, used for public transport, the keel of which is laid or which are 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 shall be applied to such ships and craft. They shall communicate that plan to the Commission not later than 24 months from the entry into force of the Directive.

4. Member States shall 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 crafts, not later than 36 months from the entry into force of the Directive."

4) Article 8, is amended as follows:

(a) in point (a) the following subpoint is inserted:

"and

(iii) the provisions relating to the High Speed Craft Code, and subsequent amendments thereto, referred to in Articles 4 (3), 6 (4), 10 (3) and 11 (3)."

(b) the following point (c) is added:

"(c) Annexes II and III may be amended to improve the technical specifications, in the light of experience."

5) Annex III is added, as set out in the Annex.

Article2

Point (g) of Article 6 (3) of Directive 98/18/EC is deleted with effect from 1 January 2005.

Article 3

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 18 months from its entry into force. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 4

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX "Annex III : Guidelines for safety requirements for passenger ships and high speed craft for persons with reduced mobility

(as referred to in Article 6b)

In applying the guidelines of Annex III, Member States shall follow the IMO circular MSC/735 of 24 June 1996 entitled "Recommendation on the design and operation of passenger ships to respond to elderly and disabled persons needs.

1. Access to the ship

The ships should be constructed and equipped in such a way that a person with reduced mobility can embark and disembark easily and safely, can be ensured access between decks, either unassisted or by means of ramps, elevators or lifts. Directions to such access should be posted at the other accesses to the ship and at other appropriate locations throughout the ship.

2. Signs

Signs provided on a ship to aid passengers should be accessible and easy to read for persons with reduced mobility, including persons with sensory disabilities, and be positioned at key points.

3. Means to communicate messages

The operator should have the means onboard the vessel to visually and verbally provide announcements, such as regarding delays, schedule changes and on-board services, to persons with different forms of reduced mobility.

4. Alarm

The alarm system must be designed to be accessible by and to alert all passengers with reduced mobility including persons with sensory disabilities and persons with learning disabilities. Alarm/call buttons shall be available and accessible to passengers with reduced mobility.

5. Additional requirements ensuring mobility inside the ship

Handrails, corridors and passageways, doorways and doors shall accommodate the movement of a person in a wheelchair. Elevators, vehicle decks, passenger lounges, accommodation and washrooms shall be designed in order to be accessible in a reasonable and proportionate manner to persons with reduced mobility."