Proposal for a Council Directive on safety rules and standards for passenger ships (96/C 238/01) COM(96) 61 final - 96/0041 (SYN)

(Submitted by the Commission on 29 February 1996)

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189c of the Treaty,

Whereas Community action in the sector of maritime transport should aim at the improvement of transport safety;

Whereas the Community is seriously concerned about the latest shipping casualties in which passenger ships were involved resulting in a massive loss of life; whereas European citizens and many others 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;

Whereas the provisions of Council Directive 83/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work and its relevant individual directives (1) are fully applicable to the use of work equipment and of personal protective equipment by workers at work on passenger ships engaged on domestic voyages;

Whereas international conventions, in particular, the Solas Convention, lay down safety standards in regulations for, inter alia, passenger vessels: however, many of such regulations contain vague expressions interpreted differently by flag states and grant to each flag state various possibilities to issue exemptions; furthermore, such conventions exclude passenger ships and high speed passenger craft, when operating on domestic voyages, from the scope of standards established therein; these situations have led to Member States establishing different rules and standards for safety of passenger vessels, in particular for those engaged on domestic voyages;

Whereas in the framework on the attainment of the objectives of the single market, the provision of maritime passenger transport services between Member States and between Member States and third countries has been liberalized by Council Regulation No 4055/86 (2); whereas for passenger transport services between ports of the same Member State (maritime cabotage) such liberalization commenced in 1993 with the adoption of Regulation 3577/92 (3) and will be completed throughout the Community within the next few years;

Whereas it is necessary therefore to establish common standards throughout the Community in order to attain a harmonized and appropriate level of safety not only in the interest of passengers and 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 authorized 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;

Whereas the Commission, in its communication entitled 'A common policy on safe seas`, of 24 February 1993 (4) announced the adoption of common safety requirements for passenger ships falling outside the scope of the relevant International Conventions as one of the objectives to be attained at Community level; furthermore the Council of the European Union, at its meeting on 8 June 1993 (5), urged the Commission to submit as soon as possible to the Council suggestions for specific action and formal proposals concerning safety rules for passenger ships when engaged on domestic voyages; finally the European Parliament in several resolutions, the latest having been enacted on the 27 October 1994 (6), has urged the Commission to propose a series of measures in the pursuit of safety at sea for passenger ships in Community waters;

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;

Whereas a common level of safety requirements must be attained by binding Community measures; a Council directive, respecting the proportionality principle by leaving to each Member State the right to decide the implementation tools that best fits its internal system is, however, sufficient in this case;

Whereas at the time of entry into force of this Directive, the Commission will forward a proposal for the amendment of Council Regulation No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community (7); whereas such an amendment will ensure that Member States do not withhold from registration, for reasons arising from matters covered by this Directive, passenger vessels registered in another Member State complying with the requirements of this Directive and carrying a valid certificate;

Whereas in the interests of improving safety and avoiding distortions of competition the common safety requirements should apply to all passenger ships and high speed passenger craft engaged on domestic voyages in the Community, irrespective of the flag they fly;

Whereas passenger ships should be divided into different classes depending upon the range and conditions of the sea areas in which they operate; while high speed passenger craft should be categorized in accordance with the provisions of the High Speed Craft Code established by the International Maritime Organization; the sea areas setting out the zones for the operation of the different classes of passenger ships should be established by the Commission on the basis of notifications received from Member States;

Whereas the main reference framework for the safety standards should be the 1974 Safety of Life at Sea Convention - 1974 Solas Convention - as amended, which encompasses internationally agreed standards for passenger ships and high speed passenger craft engaged on international voyages, inter alia, together with appropriate resolutions and other measures complementing and interpreting the same;

Whereas 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 these various classes; furthermore it is also appropriate to make distinctions in the safety requirements to be respected between existing ships and ships constructed after the day of entry into force of the national rules enacted pursuant to this Directive since imposing the rules for new ships on existing ships would imply such extensive structural changes as to be economically non viable; in respect of ships of Class B of more than 24 metres in length, the application of the new harmonized rules of Annex I should be introduced in accordance with a timetable similar to that laid down in the Solas Convention for international voyages;

Whereas in the light of the objective of Council Directive 96/. ./EC on marine equipment to eliminate barriers to trade in such equipment and the relation between the requirements referred to therein and the requirements of this Directive, shipborne marine equipment, complying with the provisions of Directive 96/. . ./EC, when installed on board a passenger ship, should no be subject to additional tests;

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;

Whereas the 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/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port Sate control) (8);

Whereas Member States may consider it appropriate to adopt exemptions from the provisions of this Directive for vessels operating under specific limitations, or to permit the use of equivalent standards; whereas they should be entitled to adopt such measures provided that the Commission, acting through the Committee set up by Article 12 of Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (9), does not oppose them within six months from the notification of such proposals to the Commission; whereas Member States could encounter local circumstances which justify the application of additional measures to all vessels operating in a specific area; in such cases the same procedure should apply;

Whereas it is necessary for a Committee composed of the representatives of the Member States to assist the Commission in the effective application of the Directive; whereas the Committee set up by Article 12 of Directive 93/75/EEC can assume this function;

Whereas for the control of an effective implementation and enforcement of the Directive surveys are to be carried out on new and existing passenger ships and craft by or on behalf of the administration of the State whose flag the ship or craft is entitled to fly and a declaration of compliance with the Directive granted; whereas for high speed passenger craft certificates and permits shall be issued in accordance with the High Speed Craft Code,

HAS 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 are engaged on domestic voyages, and to lay down procedures for harmonizing the rules for passenger ships engaged on international voyages.

Article 2

Definitions

For the purpose of this Directive and its Annexes,

(a) 'International Conventions` means the 1974 International Convention for the Safety of Life at Sea, and the 1966 International Convention of load lines, together with Protocols and amendments thereto in force on the date of adoption of this Directive;

(b) 'Intact Stability Code` means the Code on Intact Stability for all types of ships covered by IMO Instruments adopted by the IMO Assembly at its 18th session through its resolution A.749(18) on 4 November 1993, as amended on the date of adoption of this Directive;

(c) 'High Speed Craft Code` means the International Code for Safety of High Speed Craft adopted by the IMO Maritime Safety Committee through its resolution MSC 36(63) on 20 May 1994, as amended on the date of adoption of this Directive;

(d) 'GMDSS` means the global maritime distress and safety system as laid down in Chapter IV of the 1974 Solas Convention, as amended at the date of adoption of this Directive;

(e) 'a passenger ship` means a ship which carries more than 12 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 12 passengers;

(g) 'a new ship` or 'a new craft` means a ship or craft whose keel is laid or which is at a similar stage of construction on or after the date established by Article 13, paragraph 1.

'A similar stage` of construction means the stage at which:

(i) construction identifiable with a specific ship or craft begins, and

(ii) assembly of that ship or craft has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less;

(h) 'an existing ship` or 'an existing craft` means a ship or craft which is not a new ship or craft;

(i) 'a passenger` is 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;

(j) '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 foreside 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 its length is measured shall be parallel to the designed waterline;

(k) '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;

(l) '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;

(m) 'international voyage` means a voyage from a port of a Member State to a port outside such State, or vice versa;

(n) '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;

(o) 'sea area` means an area as established pursuant to the provision of 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 Solas;

(p) '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;

(q) 'place of refuge` means any naturally or artificially sheltered area which may be used as a shelter by a ship or a craft under conditions likely to endanger its safety;

(r) 'administration of the flag State` means the competent authorities of the State whose flag the ship or craft is entitled to fly;

(s) 'host State` means a Member State to or from which port(s) a ship or craft, flying a flag other than the flag of that Member State, is carrying out domestic voyages;

(t) 'recognized organization` means an organization recognized in conformity with Article 4 of Council Directive 94/57/EC (10) on common rules and standards for ship inspections and survey organizations;

(u) 'a mile` is 1 852 metres;

(v) 'significant wave height` is the average height of the one third highest observed wave heights over a given period.

Article 3

Scope

1. This Directive applies to:

(a) new and existing passenger ships; and

(b) high speed passenger craft,

regardless of their flag, when engaged on domestic voyages.

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.

2. This Directive, does not apply to:

(a) passenger ships, which are:

- ships of war and troopships

- ships not propelled by mechanical means

- wooden ships of primitive build

- original, and individual replicas of historical passenger ships designed before 1965, built predominantly with the original materials

- pleasure yachts unless they are, or will be crewed and carrying more than 12 passengers for commercial purposes

- ships exclusively engaged in port areas;

(b) high speed passenger craft, which are:

- craft of war and troopcraft;

- pleasure craft, unless they are, or will be crewed and carrying more than 12 passengers for commercial purposes; and

- 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 the 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 five 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 six miles from a place of refuge, nor more than three miles from the line of coast, where shipwrecked persons can land, corresponding to the medium tide height.

2. The Commission, in accordance with the procedures laid down in Article 9 (2), shall establish and update the list of sea areas on the basis of notifications which shall be made by the Member States. Member States shall notify, not later than six months before the implementation date mentioned in Article 13, (1) of this Directive, the sea areas under their jurisdiction, delimiting the zones for all-year-round period, and, where appropriate, restricted periodical operation of the classes of ships using the criteria for classes set out in paragraph 1. The list shall be published in the Official Journal of the European Communities.

3. For high speed passenger craft the categories defined in Chapter 1 paragraphs 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 laid down in this Directive.

2. Member States shall not withhold from operation, for reasons arising from this Directive either passenger ships or high speed passenger craft, when engaged on domestic voyages, which comply with the requirements of this Directive. Each Member State, acting in its capacity as host State, shall recognize 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 declaration of compliance referred to in Article 11 issued by another Member State for passenger ships when engaged on domestic voyages.

3. A host State may inspect either a passenger ship or a high speed passenger craft, operating on a domestic voyage, and audit its documentation, in accordance with the provisions of the Council Directive 95/21/EC on port State control. However, where a passenger ship or high speed passenger craft operating on a domestic voyage, carries a valid declaration of compliance with this Directive or certificate in conformity with Article 11, (3), its nature as a passenger ship shall not be regarded as clear grounds for a more expanded inspection pursuant to the provisions of Directive 95/21/EC on port State control.

4. All shipborne marine equipment, as listed in Annex A.1 to Council Directive 96/. ./EC (11) and complying with the provisions of the latter, will be considered to be in conformity with the provisions of this Directive, whether or not in Annex I it is required that equipment must 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 hull, main and auxiliary machinery, electrical and automatic plants shall comply with the standards specified for classification by the rules of a recognized organization, or equivalent rules used by an administration in accordance with Article 14 (2) of Directive 94/57/EC on common rules and standards for ship inspections and survey organizations.

(b) The provisions of Chapters IV, including the 1988 GMDSS amendments, V and VI of the 1974 Solas Convention, as amended at the date of the adoption of this Directive shall apply.

(c) Shipborne navigational equipment

The provisions for shipborne navigational equipment of Regulation 12, Chapter V of Solas 1974, as amended at the date of adoption of this Directive, shall apply. Shipborne navigational equipment, as listed in Annex A.1 to Directive 96/. ./EC (12) and complying with the provisions of the latter, is considered to be in conformity with the type approval requirements of Solas Regulation V/12(r).

2. With regard to new passenger ships:

(a) General requirements

(i) New passenger ships of class A shall comply entirely with the requirements of Solas 1974, as amended at the date of adoption of this Directive, and with the specific relevant requirements specified in this Directive and its Annex I. For those regulations, for which Solas leaves the interpretation to the discretion of the administration, the administration of the flag State shall apply the interpretations as contained in Annex I.

(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.

(b) Load line requirements:

(i) All new passenger ships of length equal to or greater than 24 metres shall comply with the 1966 International Convention on load lines.

(ii) Criteria with an equivalent level of safety as those of the 1966 Load Line Convention shall be applied in relation to length and class, to new passenger ships smaller than 24 metres.

(iii) Notwithstanding paragraph (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 at the date of adoption of this Directive, and with the specific relevant requirements specified in this Directive and its Annex I. For those regulations, for which Solas leaves the interpretation to the discretion of the administration, the administration of the flag State shall apply the interpretations as contained in Annex I.

(b) Existing passenger ships of class B of 24 metres in length and above shall comply with the specific relevant requirements of this Directive and Annex I. The requirements of Annex I, unless earlier dates are specified therein, shall be complied with not later than 1 October 2010 or 15 years after the date of construction of the ship, whichever is the later. Prior to such date, the national rules of the flag State, ensuring an equivalent level of safety, shall be complied with.

Existing passenger ships of class B having a length of less than 24 metres 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 a level of safety, equivalent to that of Chapters II-1 and II-2 of Annex I, while taking into account the specific constructional limitations related to the size of these ships.

(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.

(d) In the event that a Member State is of the view that 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 (2).

(e) Repairs, alterations and modifications of a major character and outfitting related thereto shall respect the requirements for new ships as prescribed in paragraph 2 (a). 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.

4. With regard to high speed passenger craft:

(a) New high speed passenger craft shall comply with the requirements laid down in the High Speed Craft Code.

(b) 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 recognized organization, or equivalent rules used by an administration in accordance with Article 14 (2) of the Directive 94/57/EC on common rules and standards for ship inspections and survey organizations.

Article 7

Additional safety requirements, equivalents and exemptions

1. Additional safety requirements

If a Member State considers that the applicable safety requirements should be improved in certain situations due to specific local circumstances and if the need therefor is demonstrated, it may, subject to the procedure laid down in paragraph 4, adopt measures to improve the safety requirements.

2. Equivalents

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. Exemptions

Provided there is no reduction in the level of safety and subject to the procedure laid down in paragraph 4, Member States may adopt measures to exempt ships from certain specific requirements of this Directive for domestic voyages to be carried out in their territory under the following operational limitations: smaller significant wave height, restricted year period, voyages only during daylight time or under suitable climatic conditions and restricted trip duration.

4. (a) A Member State which avails itself of the provisions of paragraphs 1, 2 or 3, 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.

(b) If, within a period of six months from the notification, the Commission acting in accordance with the procedure laid down in Article 9 (2), considers that the proposed measures are not justified, it may require that said Member State to amend or not to adopt the proposed measures.

(c) 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.

(d) 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.

(e) The measures referred to in paragraph 3 shall only apply as long as the ship or craft operates under the specific conditions.

Article 8

Amendments

1. In accordance with the procedure laid down in Article 9 (2), the Commission may:

(a) amend in order to take account of developments at international level,

1. the definitions in Article 2,

2. the provisions related to procedures and guidelines for surveys referred to in Article 10;

(b) amend Annex I to apply, for the purpose of this Directive, subsequent amendments of international conventions, without prejudice to the procedures for amending the said conventions.

Article 9

Advisory Committee

1. The Commission shall be assisted by the Committee established by Article 12 (1) of the Council Directive 93/75/EEC.

2. Where reference is made to 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 its 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. It shall inform the Committee of the manner in which its opinion has been taken into account.

Article 10

Surveys

1. Each new passenger ship shall be subject by the administration of the flag State to the survey specified below:

(a) a survey before the ship is put into service;

(b) a renewal survey once every 12 months;

(c) additional surveys, as occasion demands.

2. Each existing passenger ship shall be subject by the administration of the flag State to the surveys specified below:

(a) an initial survey, before the ship is put into service on domestic voyages in a host State, or within 12 months after the implementation date of this Directive as established in Article 13 (1), for existing ships engaged on domestic voyages in the Member State whose flag they are entitled to fly;

(b) a renewal survey once every 12 months;

(c) additional surveys, as occasion demands.

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.

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 the are at the time of adoption of this Directive, shall be followed.

5. The surveys mentioned in paragraphs 1, 2 and 3 shall be carried out by the exclusive surveyors either of the administration of the flag State itself or of a recognized organization, with the purpose of ensuring that all applicable requirements of this Directive are complied with.

Article 11

Certificates

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.

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.

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.

3. For high speed passenger craft 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. Before issuing the permit to operate for high speed passenger craft engaged in domestic voyages in a host State, the administration of the flag State should consult with the host State to obtain details of any operational conditions associated with operation of the craft in that State. Any such conditions should be shown by the administration of the flag State on the permit to operate.

4. Exemptions granted to a ship or craft pursuant to and in accordance with the provisions of Article 7 (3) shall be noted on the declaration of compliance.

Article 12

Solas regulations

With regard to passenger ships engaged on international voyages:

1. On entry into force of this Directive the European Community shall submit a request to the International Maritime Organization to:

(i) expedite the ongoing work within the IMO to revise the regulations of Solas Chapters II-1, II-2 and III containing issues left to the discretion of the administration, to establish harmonized interpretations for these regulations and to adopt amendments to the latter accordingly;

(ii) adopt measures for a mandatory application of the principles underlying the provisions of MSC circular 606 on port State concurrence with Solas exemptions.

2. Such a request shall be made by the Commission, on the basis of the harmonized Regulations laid down in Annex I to this Directive. All Member States shall do their utmost so that IMO undertake the development of the said Regulations and measures expeditiously.

3. If the measures referred to in paragraph 1 do not become applicable after a reasonable time, the Commission may, in accordance with the provisions laid down in Article 9 (2) amend this Directive to apply the harmonized Regulations of Annex I to this Directive and the principles of MSC circular 606 to passenger ships engaged on international voyages.

Article 13

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 July 1998.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.

3. Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive.

4. The Member States shall immediately notify to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.

Article 14

Communication

This Directive is addressed to the Member States.

Article 15

Entry into force

The present Directive shall enter into force on the 20th day after its publication.

(1) OJ No L 183, 29. 6. 1989, p. 1.

(2) OJ No L 378, 31. 12. 1986, p. 1.

(3) OJ No L 364, 12. 12. 1992, p. 7.

(4) COM (93) 66.

(5) OJ No C 271, 7. 10. 1993, p. 1.

(6) B4-0236/94 of 27. 10. 1994.

(7) OJ No L 68, 15. 3. 1991, p. 1.

(8) OJ No L 157, 7. 7. 1995, p. 1.

(9) OJ No L 247, 5. 10. 1993, p. 19.

(10) Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations. OJ No L 319, 12. 12. 1994, p. 20.

(11) Proposal for a Council Directive to be adopted by the Council in 1996.

ANNEX I

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

CHAPTER I GENERAL PROVISIONS

Where expressly provided, the Regulations of the present technical Annex I 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, do not have to comply with the requirements of Regulations II-1/B/2 to II-1/B/8 and II-1/B/10 of the present technical Annex I, 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.

Existing class B ships with a length of less than 24 metres, and existing class C and D ships, do not have to comply with the Regulations of Chapters II-1 and II-2 of the present technical 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 technical Annex for existing ships, ships constructed before the date of adoption by IMO of such resolution must not comply with such resolution but with the applicable previous resolution(s), if any.

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. Machinery spaces are all spaces containing propelling machinery, boilers, oil fuel units, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air conditioning machinery, and similar spaces, and trunks to such spaces.

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 centralized.

PART B

INTACT STABILITY, SUBDIVISION AND DAMAGE STABILITY (1)

1. Intact stability (Resolution 167-IV as amended by A.206 and Resolution A.749)

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).

EXISTING CLASS A AND B SHIPS:

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 resolution 167 Appendix I 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 degrees;

(ii) 0,09 metre-radians up to an angle of heel of either 40 degrees 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 can not be closed weathertight, are immersed, if that angle be less than 40 degrees;

(iii) 0,03 metre-radians between the angles of heel of 30 degrees and 40 degrees or between 30 degrees and the angle of flooding if this angle is less than 40 degrees.

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

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

(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 conditions shall include at least those listed in Appendix II of IMO resolution A.167(IV).

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.167(IV), Annex, Article 5(2) and with the severe wind and rolling criterion as provided in IMO resolution A.562(14).

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 whose maximum length shall be calculated according to the specific requirements given below.

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 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 of Regulation 8.3.

6. Factor of subdivision

The factor of subdivision F shall be as follows:

>TABLE>

N = the number of persons the ship is certified to carry; and

existing class B ships have to comply with this requirement not later than the date of compliance of Regulation II-1/B/8-1, paragraph 2.

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 the 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 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 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 subparagraph 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 factor of subdivision 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 plane 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 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 factor of subdivision 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.

2.3. The stability required in the final condition after damage, and after equalization 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 degrees, in the case 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 for class B and C, and 0,009 m-rad for class D ships, measured from the angle of equilibrium to the lesser of:

1. the angle at which progressive flooding occurs;

2. 22 ° (measured from the 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 for new class B ships by the formula:

GZ(metres) = >NUM>heeling moment>DEN>displacement + 0,04

However, in no case is the righting lever to be less than 0,10 metres.

and for new classes C and D ships and existing class B ships by the formula:

GZ(metres) = >NUM>heeling moment>DEN>displacement + 0,02

However, in no case is the righting lever to be less than 0,08 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 muster stations are located and in such way that they produce the most adverse heeling movement.

2. Moment due to launching of a 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 liferaft 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:

>TABLE>

Higher surface permeabilities are to be assumed in respect of space which, in the vicinity of the damaged waterplane, contain no substantial quantity of accommodation or machinery and space which is 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 metres or 10 % of the length of the ship, whichever is the less;

2. transverse extent (measured inboard from the ship's side, at right angles to the centre-line 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 paragraphs 4.1, 4.2, 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 equalization shall not exceed 15 °. Where cross-flooding fittings are required the time for equalization 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 equalization measures have been taken shall be as follows:

1. in the case of symmetrical flooding there shall be a positive residual metacentric height of a least 50 mm as calculated by the constant displacement method;

2. 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;

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 state 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 be warned that excessive heeling might result should the ship sustain damage when in a less favourable condition.

NEW CLASS B, C AND D SHIPS AND EXISTING CLASS B SHIPS WITH RO-RO CARGO SPACES OR SPECIAL CATEGORY SPACES:

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 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.

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

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 to the calculation procedure to assess the survivability characteristics of existing ro-ro passenger ships when using a simplified method based on resolution A.265(VIII), developed by the Maritime Safety Committee at its 59th, session in June 1991 (MSC/Circ.574):

>TABLE>

8-2. Special requirements for ro-ro passenger ships carrying 400 people 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 people 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; and2. existing ro-ro passenger ships certified to carry 400 people 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 subparagraphs 2.1, 2.2 or 2.3 which occurs the latest:

2.1 >TABLE>

2.2 >TABLE>

2.3 Age of the ship: greater than of equal to 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.

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, for example 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 paragraphs 1 or 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 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 paragraphs 1 or 2, the extension may be sited within a limited distance aft of the aft limit specified in paragraphs 1 or 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 paragraphs 3 and 4 shall apply not later than the date of the first periodical survey after the date referred to in paragraph 1 of Article 13 of this Directive.

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:

1. 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 over 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 over 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 bulkheads, or as near thereto as practicable.

2. Where a double bottom is required to be fitted its depth shall comply with the rules of a recognized organization and the inner bottom shall be continued out to the ship's sides in such 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 though the point of intersection with the frame line amidships of a transverse diagonal line inclined at 25 ° to the baseline and cutting it at a point one half 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. 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 Document of Compliance, and shall be identified by the notation C.1 if there is only one subdivision loadline.

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.

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 Document of Compliance.

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 when it is in salt water 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 regulations of a recognized organization.

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 is compulsory; this test shall be carried out in the most advanced stage of the fitting out of the ship. 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.

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 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 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 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 OF LESS THAN 24 METRES IN LENGTH 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 centre line 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 minimize 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 centre line 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. 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 exceed 90 seconds.

7. EXISTING CLASS B SHIPS:

Power-operated sliding doors may have a vertical or horizontal motion. If a door is power-operated from a central control, the gearing shall be so arranged that the door can be operated by power also at the door itself from both sides. Local control handles in connection with the power gear shall be provided on each side of the bulkhead and shall be so arranged as to enable persons passing through the doorway to hold both handles in the open position without being able to set the closing mechanism in operation accidentally. Power-operated sliding doors shall be provided with hand gear workable at the door itself on 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. Provision shall be made to give warnings by sound signal that the door has begun to close and will continue to sound until it is completely closed. Additionally, in areas of high ambient noise an audible alarm shall be required to be supplemented by an intermittent visual signal at the door.

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

7.1. Each power-operated sliding watertight door:

1. shall have a vertical or horizontal motion,

2. shall, subject to paragraph 11, be normally limited to a maximum clear width of 1,2 metres. The administration of the flag State may permit larger doors only to the extent considered necessary for the effective operation of the ship provided that other safety measures, including the following, are take into consideration:

2.1. special consideration shall be given to the strength of the door and its closing appliances in order to prevent leakages,

2.2. the door shall be located outside the damage zone B/5,

2.3. the door shall be kept closed when the ship is at sea, except for limited periods when absolutely necessary as determined by the administration of the flag State.

3. shall be fitted with the necessary equipment to open and close the door using electric power, hydraulic power, or any other form of power that is acceptable to the administration of the flag State;

4. shall be provided with an individual hand-operated mechanism. It shall be possible to open and close the door by hand at the door itself from either side, and in addition, close the door from an accessible position above the bulkhead deck with an all round crank motion or some other movement providing the same degree of safety acceptable to the administration of the flag State. Direction of rotation or other movement is to be clearly indicated on all operating positions. The time necessary for the complete closure of the door, when operated by hand gear, shall not exceed 90 seconds with the ship in upright position;

5. shall be provided with controls for opening and closing the door by power from both sides of the door and also for closing the door by power from the central operating console at the navigating bridge;

6. shall be provided with an audible alarm, distinct from any other alarm in the area, which will sound whenever the door is closed remotely by power and which shall sound for at least five seconds but no more than 10 seconds before the door begins to move and shall continue sounding until the door is completely closed. In the case of remote hand operation it is sufficient for the audible alarm to sound only when the door is moving. Additionally, in passenger areas and areas of high ambient noise, the administration of the flag State may require the audible alarm to be supplemented by an intermittent visual signal at the door; and

7. shall have an approximately uniform rate of closure under power. The closure time, from the time the door begins to move to the time it reaches the completely closed position, shall in no case be less than 20 seconds and no more than 40 seconds with the ship in upright position.

7.2. The electrical power required for power-operated sliding watertight doors shall be supplied from the emergency switchboard either directly or by a dedicated distribution board situated above the bulkhead deck; the associated control, indication and alarm circuits shall be supplied from the emergency switchboard either directly or by a dedicated distribution board situated above the bulkhead deck and be capable of being automatically supplied by the transitional source of emergency electrical power in the event of failure of either the main or emergency source of electrical power.

7.3. Power-operated sliding watertight doors shall have either:

1. a centralized hydraulic system with two independent power sources each consisting of a motor and pump capable of simultaneously closing all doors. In addition, there shall be for the whole installation hydraulic accumulators of sufficient capacity to operate all the doors at least three times, i. e. closed - open - closed, against an adverse list of 15 °. This operating cycle shall be capable of being carried out when the accumulator is at the pump cut-in pressure. The fluid used shall be chosen considering the temperature liable to be encountered by the installation during its service. The power operating system shall be designed to minimize the possibility of having a single failure in the hydraulic piping adversely affect the operation of more than one door. The hydraulic system shall be provided with a low-level alarm for hydraulic fluid reservoirs serving the power-operated system and a low gas pressure alarm or other effective means of monitoring loss of stored energy in hydraulic accumulators. These alarms are to be audible and visual and shall be situated on the central operating console at the navigating bridge; or

2. an independent hydraulic system for each door with each power source consisting of a motor and pump capable of opening and closing the door. In addition, there shall be a hydraulic accumulator of sufficient capacity to operate the door at least three times, i. e. closed - open - closed, against an adverse list of 15 °. This operating cycle shall be capable of being carried out when the accumulators are at the pump cut-in pressure. The fluid used shall be chosen considering the temperatures liable to be encountered by the installation during its service. A low gas pressure group alarm or other effective means of monitoring loss of stored energy in hydraulic accumulators shall be provided at the central operating console on the navigating bridge. Loss of stored energy indication at each local operating position shall also be provided; or

3. An independent electrical system and motor for each door with each power source consisting of a motor capable of opening and closing the door. The power source shall be capable of being automatically supplied by the transitional source of emergency electrical power in the event of failure of either the main or emergency source of electrical power and with sufficient capacity to operate the door at least three times, i. e. closed - open - closed, against an adverse list of 15 °.

For the systems specified in paragraphs 7.3.1, 7.3.2 and 7.3.3, provision should be made as follows:

power systems for power-operated watertight sliding doors shall be separate from any other power system. A single failure in the electric or hydraulic power-operated systems excluding the hydraulic actuator shall not prevent the hand operation of any door.

7.4. Control handles shall be provided at each side of the bulkhead at a minimum height of 1,6 metres above the floor and shall be so arranged as to enable persons passing through the doorway to hold both handles in the open position without being able to set the power closing mechanism in operation accidently. The direction of movement of the handles in opening and closing the door shall be in the direction of door movement and shall be clearly indicated.

7.5. As far as practicable, electrical equipment and components for watertight doors shall be situated above the bulkhead deck and outside hazardous areas and spaces.

7.6. The enclosures of electrical components necessarily situated below the bulkhead deck shall provide suitable protection against the ingress of water.

7.7. Electric power, control, indication and alarm circuits shall be protected against fault in such a way that a failure in one door circuit will not cause a failure in any other door circuit. Short circuits or other faults in the alarm or indicator circuits of a door shall not result in a loss of power operation of that door. Arrangements shall be such that leakage of water into the electrical equipment located below the bulkhead deck will not cause the door to open.

7.8. A single electrical failure in the power operating or control system of a power-operated sliding watertight door shall not result in a closed door opening. Availability of the power supply should be continuously monitored at a point in the electrical circuit as near as practicable to each of the motors required by paragraph 7.3. Loss of any such power supply should activate an audible and visual alarm at the central operating console at the navigating bridge.

8.1. The central operating console at navigating bridge shall have a 'master mode` switch with two modes of control: a 'local control` mode which shall allow any door to be locally opened and locally closed after use without automatic closure, and a 'doors closed` mode which shall automatically close any doors that are open. The doors closed mode shall permit doors to be opened locally and shall automatically re-close the door upon release of the local control mechanism. The master mode switch shall normally be in the local control mode. The door closed mode shall only be used in an emergency or for testing purposes.

8.2. The central operating console at the navigating bridge shall be provided with a diagram showing the location of each door, with visual indicators to show whether each door is open or closed. A red light shall indicate a door is fully open and a green light shall indicate a door is fully closed. When the door is closed remotely, the red light shall indicate the intermediate position by flashing. The indicating circuit shall be independent of the control circuit for each door.

8.3. It shall not be possible to remotely open any door from the central control position.

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

9.1. All watertight doors shall be kept closed during navigation except that they may be opened during navigation as specified in paragraphs 9.2, 9.3 and 9.4. Watertight doors of width of more than 1,2 metres permitted by paragraph 11 may only be opened in the circumstances detailed in that paragraph. Any door which is opened in accordance with this paragraph shall be ready to be immediately closed.

9.2. A watertight door may be opened during navigation to permit the passage of passengers or crew, or when work in the immediate vicinity of the door necessitates it being opened. The door must be immediately closed when transit through the door is complete or when the task which necessitated it being open is finished.

9.3. Certain watertight doors may be permitted to remain open during navigation only if considered absolutely necessary; that is, being open is determined essential to the safe and effective operation of the ship's machinery or to permit passengers normally unrestricted access throughout the passenger area. Such determination shall be made by the administration of the flag State only after careful consideration of the impact on ship operations and survivability. A watertight door permitted to remain thus open shall be clearly indicated in the ship's stability information and shall always be ready to be immediately closed.

NEW CLASS B, C AND D SHIPS:

10.1. If the administration of the flag State is satisfied that such doors are essential, watertight doors of satisfactory construction may be fitted in watertight bulkheads dividing cargo between deck spaces. Such doors may be hinged, rolling or sliding doors but shall not be remotely controlled. They shall be fitted at the highest level and as far from the shell plating as practicable, but in no case shall the outboard vertical edges be situated at a distance from the shell plating which is less than one fifth of the breadth of the ship, such distance being measured at right angles to the centre line at the level of the deepest subdivision load line.

10.2. Such doors 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. Should any of the doors be accessible during the voyage, they shall be fitted with a device which prevents unauthorized opening. When it is proposed to fit such doors, the number and the arrangements shall receive the special consideration of the administration of the flag State.

11. Portable plates on bulkheads shall not be permitted except in machinery spaces. Such plates shall always be in place before the ship leaves port, and shall not be removed during navigation except in case of urgent necessity at the discretion of the master. The administration of the flag State may permit not more than one power-operated sliding watertight door in each main transverse bulkhead larger than those specified in paragraph 7.1.2 to be substituted for these portable plates, provided these doors are closed before the ship leaves the port and remain closed during navigation except in case of urgent necessity at the discretion of the master. These doors need not meet the requirements of paragraph 7.1.4 regarding complete closure by hand-operated gear in 90 seconds. The time of opening and closing these doors, whether the ship is at sea or in port, shall be recorded in the logbook.

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

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

1. This Regulation applies to passenger ships designed or adapted for the carriage of goods vehicles and accompanying personnel.

2. If in such a ship the total number of passengers which include personnel accompanying vehicles does not exceed N = 12 + >NUM>A/>DEN>25

, where A = total deck area (square metres) of enclosed space available for the stowage of goods vehicles and where the clear height at the stowage position and at the entrance to such space is not less than 4 metres, the provisions of Regulation 13(10) in respect of watertight doors apply, except that the doors may be fitted at any level in watertight bulkheads dividing cargo spaces. Additionally, indicators are required on the navigating bridge to show automatically when each door is closed and all door fastenings are secured.

3. When applying the provisions of this chapter to such a ship, N shall be taken as the maximum number of passengers for which the ship may be certified in accordance with this Regulation.

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

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

1. The number of openings in the shell plating shall be reduced to the minimum compatible with the design and proper working of the ship.

2.1. The arrangement and efficiency of the means for closing any opening in the shell plating shall be consistent with its intended purpose and the position in which it is fitted.

2.2. Subject to the requirements of the International Convention of the load line in force, no side scuttles shall be fitted in such a position that its sill is below a line drawn parallel to the bulkhead deck at side and having its lowest point 2,5 % of the breadth of the ship above the deepest subdivision load line, or 500 mm, whichever is the greater.

2.3. All side scuttles whose sills are below the margin line shall be of such construction as will effectively prevent any person opening them without the consent of the master of the ship.

2.4. Where in a between-decks, the sills of any of the sidescuttles referred to in paragraph 2.3 are below a line drawn parallel to the bulkhead deck at side and having its lowest point 1,4 metres p