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it it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 15.06.1995 
COM(95) 286 final 
95/ 0028 (SYN) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
on the safety management of ro-ro passenger vessels 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
During its 12-16 June session, the European Parliament approved, subject to a number of 
amendments, the Commission proposal for a Council Regulation on the safety management 
of Ro-Ro passenger ferries'. 
The Economic and Social Committee expressed its opinion on 31 May 19952. 
Most of the amendments adopted by the Parliament do not affect the purpose of the draft 
regulation, rather they enhance the expected effectiveness of certain provisions or clarify them. 
Several amendments were accepted without reservation, some others were accepted in 
substance, and subject to redrafting, 
The Commission could however not accept: 
some amendments introducing new recitals since they refer to matters 
outside the scope of this Regulation or became superfluous in 
the light of the redrafted proposals, 
the amendment to Article 7 since the initial text proposed by the Commission 
is a general safeguard clause. The new text proposed by the Parliament could 
prejudge the right to impose conditions to resume the service, 
the amendment to add a new Article 9A. Such an addition is unnecessary and 
interferes with the responsibilities of the Member States. 
Com (95) 28 final 
Amended proposal for a 
Council Regulation 
on the salety management of ro-ro passenger vessels 
-Original text- Amended text-
Recital 2bis (new) 
Whereas this represents one of a series of 
measures to improve safety at sea 
Fifth Recital (new) 
Whereas only a uniform and coherent 
implementation of the International Safety 
Management Code in all Member States 
can constitute a step towards the safety 
management of Ro-Ro passenger vessels; 
2-
Article 2 
For the purpose of this Regulation and of 
the ISM Code, 
"Ro-Ro ferry" means a seagoing 
passenger vessel with arrangements to 
enable road and rail vehicles to roll on 
and roll off the vessel, and carrying more 
than 12 passengers; 
Company* means the owner of a Ro-Ro 
ferry or any other organisation or person 
such as the manager, or the bareboat 
charterer, who has assumed the 
responsibility for operation of the Ro-Ro 
ferry from the owner; 
"Safety Management Certificate" means 
the certificate issued to Ro-Ro ferries in 
conformity with this Regulation; Article 2 
For the purpose of this Regulation and of 
the ISM Code, 
"Ro-Ro ferry" means a seagoing 
passenger vessel with arrangements to 
enable road and rail vehicles to roll on 
and roll off the vessel, and carrying more 
than 12 passengers; 
"Regular service" means a series of Ro-
Ro ferry voyages operating so as to serve 
traffic between the same two or more 
points either: 
t) according to published timetable, or 
ii) with voyages so regular or frequent 
that they constitute a recognisable 
systematic series; 
Company" means the owner of a Ro-Ro 
ferry or any other organisation or person 
such as the manager, or the bareboat 
charterer, who has assumed the 
responsibility for operation of the Ro-Ro 
ferry from the owner; 
"Safety Management Certificate" means 
the certificate issued to Ro-Ro ferries in 
conformity with this Regulation; 
"Sheltered waters" means areas with 
annual probability smaller than 10% of 
exceeding 1.5 m significant wave height » 
in the course of which a Ro-Ro ferry is at 
no time more than 6 miles from a place 
of refuge, where shipwrecked persons can 
land. 
Article 4 
AU Companies shall comply with all the 
provisions of paragraphs 1.2 to 13.5 of 
the ISM Code, as amended hereby, as if 
the provisions thereof were mandatory and 
not only of a recommendatory nature, as a 
condition to provide regular services to or 
from a port of the European Community. Article 4 
1. All Companies shall comply with all 
the provisions of paragraphs 1.2 to 13.5 
of the ISM Code, as if the provisions 
were mandatory, as a condition lo provide 
regular services to or from a port of the 
European Community. 
2. By derogation, the provision of the 
previous paragraph may not apply until 1 
July 1997 to Companies operating one or 
more Ro-Ro vessels on a regular service 
exclusively on sheltered waters between 
ports situated in the same Member State. 
Article 5 
1. Member States shall comply with the 
provisions of items 13.2, 13.4 and 13.5 of 
the ISM Code, as amended hereby, as if 
the provisions thereof were mandatory 
and not only of a recommendatory nature, 
in relation to Companies and Ro-Ro 
ferries. 
2. For the purposes of this Regulation, 
Member States may only authorise, or 
rely upon, fully or in part, a Recognised 
Organisation. 
3. For the purposes of paragraph 13.2 of 
the ISM Code as amended hereby, a 
Document of Compliance issued by the 
authorities of a Member State in the 
territory of which a Company conducts its 
business or by a Recognised Organisation 
acting on their behalf shall be accepted by 
other Member States. 
4. For the purposes of paragraph 13.5 of 
the ISM Code, as amended hereby, a 
periodical verification shall take place at 
least once every year. Article 5 
1. Member States shall comply with the 
provisions of items 13.2, 13.4 and 13.5 of 
the ISM Code, as amended hereby, as if 
the provisions thereof were mandatory in 
relation to Companies and Ro-Ro ferries. 
2. For the purposes of this Regulation, 
Member States may only authorise, or 
rely upon, fully or in part, a Recognised 
Organisation. 
3. For the purposes of paragraph 13.2 of 
the ISM Code as amended hereby, a 
Document of Compliance issued by the 
authorities of a Member State in the 
territory of which a Company conducts its 
business or by a Recognised Organisation 
acting on their behalf shall be accepted by 
other Member States. 
4.The document of compliance shall only 
be valid for 5 years from the date of its 
issue provided always that a verification 
shall take place once every year in order 
to confirm the proper functioning of the 
Safety Management System and to 
confirm that possible modifications 
introduced since the latest verification 
satisfy the provisions of the ISM Code. 
5.The Safety Management certificate shall 
only be valid for 5 years from the date of 
its issue provided always that a 
verification shall take place once every 
year, in order to confirm the proper 
functioning of the safety management 
System and to confirm that possible 
modifications introduced since the latest 
verification satisfy the provisions of the 
ISM Code. 
Article 7a (new) 
In order to take account of the general 
terms of the "ISM Code" . the 
Commission shall examine the 
implementation of this regulation after 
three years of its entry into force and 
propose any appropriate measure. 
Article 8 
In order to take account of developments 
at international level 
(1) the definition of "ISM Code" in 
article 2, 
(2) the Annex, 
(3) the definition of "Recognised 
Organisation" in article 2, 
may be amended , in particular to 
introduce into the Annex guidelines 
for Administrations for the 
implementation of the ISM Code, in 
accordance with the procedure laid down 
in article 9 paragraph 2. Article 8 
In order to take account of developments 
at international or European Community 
level including the results of the above-
mentioned monitoring of the ISM Code's 
implementation. 
(1) the definition of "ISM Code" in 
article 2, 
(2) the Annex, 
(3) the définition of "Recognised 
Organisation" in article 2, 
may be amended, in particular to 
introduce into the Annex the guidelines 
for Administrations for the 
implementation of the ISM Code, in 
accordance with the procedure laid down 
in Article 9, paragraph 2. 
C 
Article 10 
This Regulation shall enter into force on 1 
January 1996. It shall be applicable as 
from 1 July 1996. 
This Regulation shall be binding in its 
entirety and directly applicable in all 
Member States. Article 10 
This Regulation shall enter into force on 
1 January 1996. It shall be applicable as 
from 1 July 1996. 
By way of derogation, this regulation 
shall not apply until 31 December 1997 to 
companies which are incorporated under 
Greek law, which have their principal 
place of business in Greece, and which 
operate ro-ro ferries registered in and 
flying the flag of Greece providing 
regular services exclusively between ports 
situated in Greece. 
This Regulation shall be binding in its 
entirety and directly applicable in all 
Member States. 
?r 
ISSN 0254-1475 
COM(95) 286 final 
DOCUMENTS 
EN «7 05 
Catalogue number : CB-CO-95-314-EN-C 
ISBN92-77-9087Q-X 
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