Amended proposal for a Council Directive on conditions for the operation of regular roÜroferry
and high speed passenger craft services in the CommunityØ (˛)
(98/C 384/10)
(Text with EEA relevance)
COM(1998) 636 final - 98/0064(SYN)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on
10 November 1998)
(˛)ÙOJ C 108, 7.4.1998, p. 122.
ORIGINAL TEXT AMENDED TEXT
Article 1
Purpose
The purpose of this Directive is to lay down conditions
for the safe operation of regular roÜro ferry and high
speed passenger craft services to or from ports in theMember States of the Community and to provide theright for Member States to conduct, participate in or
cooperate with any investigation of maritime casualties
or incidents on these services.The purpose of this Directive is to lay down a system of
mandatory surveys which will provide a greater
assurance of safe operation of regular roÜro ferry andhigh speed passenger craft services to or from ports inthe Member States of the Community and to provide the
right for Member States to conduct, participate in or
cooperate with any investigation of maritime casualtiesor incidents on these services.
Article 2
Definitions
(ba)Ù"passenger’ is every person other than:
(i)Ùthe master and the members of the crew or
other persons employed or engaged in anycapacity on board a ship on the business of that
ship; and
(ii)Ùa child under one year of age;
(fa) "port area’ shall mean 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 limitsdefined by natural geographical features protectingan estuary or similiar sheltered area;
(j)Ù"host State’ shall mean a Member State to or from
whose ports a roÜro ferry or a high speed passenger
craft is engaged on a regular service;(j)Ù"host State’ shall mean a Member State to or from
whose port(s) a roÜro ferry or a high speed passenger
craft is engaged on a regular service;10.12.98 C 384/23 Official Journal of the European Communities
EN
ORIGINAL TEXT AMENDED TEXT
Article 6.3
Companies shall inform the host States that for ships or
craft, flying a flag other than that of a Member State,the administration of that flag State has accepted the
company’s commitment to fulfil the requirements
imposed by the host States as a condition to provide aregular service to or from one or more of their ports.Delete
Article 7.2a (new)
Prior to the start of operation by a roÜro ferry or high
speed passenger craft on a regular service, or withintwelve months of the date referred to in Article 15(1) for
a roÜro ferry or high speed passenger craft already
operating a regular service, Host States shall check forships or craft flying a flag other than that of a MemberState, the concurrence of that flag State that it has
accepted the company’s commitment to meet the
requirements of this Directive.
Article 8
Procedures related to specific surveys
3.ÚÙHost States, in planning an initial survey, shall take
due account of the operational and maintenanceschedule of the ship or craft3.ÚÙHost States, in planning an initial specific survey,
shall set a timeÜlimit of maximum one month for thissurvey to be completed and shall take due account of theoperational and maintenance schedule of the ship or
craft.
4.ÚÙThe findings of the specific surveys shall be
recorded in a report of which the format shall be estabÜlished in accordance with the procedure laid down inArticle 12.4.ÚÙThe findings of the specific surveys shall be
recorded in a report of which the format shall be estabÜlished in accordance with the procedure laid down inArticle 12. These findings shall also be communicated to
the flag State, if different from the host State.
7.ÚÙShould the specific surveys confirm or reveal defiÜ
ciencies in relation to the requirements of this Directivewarranting a prevention of operation, all costs related to
the surveys in any normal accounting period shall be
covered by the company.
Article 15a (new)
Three years after the implementation date of this
Directive the Commission shall assess on the basis ofinformation to be provided by the Member States theimplementation of this Directive and propose any approÜ
priate measure.C 384/24 10.12.98 Official Journal of the European Communities EN