COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 19.12.1997 
COM(97) 716 final 
97/0041 (SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on safety rules and standards for passenger ships 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
During its 5 - 6 November 1997 Plenary Session, the European Parliament adopted 7 
amendments to the Council's common position of 17 June 1997 on the proposal for a Council 
Directive on safety rules and standards for passenger ships. The amendments of the European 
Parliament are attached to this memorandum. 
Pursuant to Article 189 c, section (d) of the EC Treaty, the Commission has re-examined its 
proposal and decided to accept amendments Nos. 1, 2, 3,4, 6 and 7 , but not amendment No. 
5, for the following reasons : 
• Amendment n° 1 related to article 1 of the common position : 
This amendment, requesting to include protection of the environment as one of the objectives 
of the Directive, can be accepted since protection of the environment is now explicitly 
referred to in article 7.5 of the common position, where danger to the environment is 
explicitly mentioned as one of the conditions for which safeguard measures may be taken. 
Amendment n° 2 related to article 2, paragraph (f) of the common position : 
This amendment envisages to solve the problem of passenger ships of small size constructed 
in light-weight materials and sailing at conventional speed in sea areas of class B, C and D. 
After examination it appeared that, due to the combination of these design factors, these 
ships might be unintentionally be categorised as high speed passenger craft when applying 
the formula of Regulation 1 of Chapter X of the 1974 SOLAS Convention. Article 3, 
paragraph 2 (a) of the common position provides that ships constructed in materials other 
than steel or equivalent and not being high speed craft shall not be covered by the Directive. 
This is made unequivocally clear for this particular category of ships by this amendment. 
Amendment n° 3 related to article 6, paragraph (4)(a) of the common position : 
This amendment ensures that for high speed passenger craft engaged on domestic voyages 
the same set of regulations can be applied as provided for in Chapter X of the 1974 SOLAS 
Convention for high speed passenger craft engaged on international voyages. This 
amendment strengthens die main objective of the provisions on high speed passenger craft 
included in the common position, as it ensures that the same safety standards will apply for 
all high speed craft operating in EU waters, irrespective of whether they are engaged on 
domestic or on international voyages. 
Amendment n° 4 related to article 7, paragraph (4)(b) of the common position : 
This amendment changes the wording "the Member State may be required" into "the 
Member State shall be required", in conformity with the wording of article 7.5 of the 
common position and ensures in this way a better coherence between the various provisions 
in the common position dealing with the Committee procedure. 
Amendment n° 5 related to article 9 of the common position : 
The regulator}' Committee foreseen in the common position is the same type of Committee 
established In all other Community legislation on maritime safety and is the most appropriate 
because the Directive allows for adaptation of its provisions to take account of developments 
in international fom such as the International Maritime Organisation. 
Amendment n° 6 related to article 10, paragraph (3) and amendment n° 7 related to article 
11, paragraph (3) of the common position: 
These amendments ensure that the distinction made in the common position between the 
safety requirements for high speed craft built before 1 January 1996 and those built after that 
date, is also reflected in the procedures on survey and certification, providing in that way full 
coherence with the provisions of article 6 (4) of the common position. 
Annex 1 : Re-examined proposal 
Annex 2 : Amendment adopted by the European Parliament and not accepted by the 
Commission. 
Annex 1 
Re-examined proposal for a 
Council Directive 
on safety rules and standards for passenger ships 
—Common position- —Re-examined proposal— 
Article 1 
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 
harmonization of the rules for passenger 
ships engaged on international voyages. The purpose of this Directive is to 
introduce a uniform level of safety of life 
and property and of protection of the 
environment 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 
harmonization of the rules for passenger 
ships engaged on international voyages. 
Article 2, paragraph (f) 
(i) "a high speed passenger craft" means 
a high speed craft as defined in 
Regulation 1 of Chapter X of the 1974 
SOLAS Convention, as amended at 
the date of adoption of this Directive, 
which carries more than twelve 
passengers; (f) "a high speed passenger craft" means 
a high speed craft as defined in 
Regulation 1 of Chapter X of the 1974 
SOLAS Convention, as amended at 
the date of adoption of this Directive, 
which carries more than twelve 
passengers; 
passenger ships engaged on domestic 
voyages in sea areas of class B. C or D 
shall not be considered as high speed 
craft when : 
- their displacement corresponding to 
the design waterline is less than 500 
nr. and 
- their maximum speed, as defined in 
paragraph 1.4.30 of the High Speed 
Craft Code, is less than 20 knots. 
Article 6, paragraph 4 (a) 
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 laid down in the 
High Speed Craft Code, unless: 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. 
unless: 
Article 7, paragraph 4 (b) 
4. A Member State which avails itself of the 
provisions of paragraphs 1, 2 or 3 shall 
proceed as follows: 
(b) if, within a period of 6 months from 
the notification, it is decided, in 
accordance with the procedure laid 
down in Article 9, that the proposed 
measures are not justified, the said 
Member State may be required to 
amend or not to adopt the proposed 
measures; A Member State which avails itself of the 
provisions of paragraphs 1, 2 or 3 shall 
proceed as follows: 
(b) if, within a period of 6 months from 
the notification, it is decided, in 
accordance with the procedure laid 
down in Article 9, that the proposed 
measures are not justified, the said 
Member State shall be required to 
amend or not to adopt the proposed 
measures; 
Article 10, paragraph (3) 
Each high speed passenger craft shall 
be subject by the Administration of the 
flag State to the surveys required in the 
High Speed Craft Code. Each high speed passenger craft 
having to comply, in accordance with 
the provisions of article 6.4. with the 
requirements of the HSC Code, shall 
be subject by the Administration of the 
Flag State to the surveys required in 
the High Speed Craft Code. 
High speed passenger craft, having to 
comply, in accordance with the 
provisions of article 6.4. with the 
requirements of the DSC Code as 
amended, shall be subject by the 
Administration of the Hag State to the 
surveys required in the DSC Code. 
Article 11, paragraph 3 
For high speed passenger craft complying 
with the requirements of the High Speed 
Craft 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 High 
Speed Craft Code. For high speed passenger craft complying 
with the requirements of the High Speed 
Craft Code, a High Speed Craft Safety 
Certificate and a Permit to Operate High 
Speed Craft shall be issued by the 
Administration of the Hag State, in 
accordance with the provisions of the High 
Speed Craft Code. 
For high speed passenger craft complying 
with the requirements of the DSC Code as 
amended, 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 ilag 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. 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. 
Annex 2 
Amendment adopted by European Parliament but not accepted by the Commission 
-Common position- -Amendment adopted by European 
Parliament— 
Article 9 
Committee (Advisory Committee^ 
The Commission shall be assisted by the 
Committee established by Article 12(1) of 
Directive 93/75/EC. The Committee shall 
operate in accordance with the procedure 
laid-down in paragraphs 2 and 3 of that 
Ankle.. L The Commission shall be assisted by the 
Committee established by Article 12(1) of 
Directive 93/75/EC. 
2. Where reference is made lQ this 
paragraph, the following procedure shall 
apply ; 
a) The representative of the Commission 
shall submit to the Committee referred 
to in paragraph 1 a draft of the 
measures to be taken: 
b) The Committee shall deliver ils 
opinion on the draft within a time limit 
which the chairman may lay down 
according to the urgency of the matter, 
if necessary by taking a vote; 
c^ The opinion shall be recorded in the 
minutes: in addition each Member 
State has the right to have its position 
recorded in the minutes: 
d) The Commission shall take the utmost 
account of the opinion delivered by the 
Committee, Il shall inform the 
Committee of the manner in which its 
opinion has been taken into account. 

ISSN 0254-1475 
COM(97) 716 final 
DOCUMENTS 
EN 07 15 
Catalogue number : CB-CO-97-735-EN-C 
ISBN 92-78-29723-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg