Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on specific stability requirements for ro-ro passenger ships (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)

EXPLANATORY MEMORANDUM

During its Plenary Session of 7 November 2002 the European Parliament approved, subject to a number of amendments, the Commission's proposal for a European Parliament and Council Directive on specific stability requirements for ro-ro passenger ships [COM(2002) 158-2, 2002/0074 (COD)].

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

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

* The explicit reference in the recitals that the deadline for compliance of existing ro-ro ships, provided in article 7.2, should not affect the present enforcement of the specific stability requirements by the Member States parties to the Stockholm Agreement. Such clarification complements the reference to article 4.1.e of Council Directive 1999/35/EC [1], made in article 3.2 of the present proposal.

[1] Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services; OJ L 138, 1.6.1999, p. 1.

* A clarification that High-speed passenger crafts should not be required to comply with the requirements of this Directive, provided that they comply with the specific international rules established for these type of crafts.

* Modifications in the definitions of "ro-ro passenger ship" and "a passenger" in order to align them completely with the Safety of Life at Sea (SOLAS) Convention.

* A modification in the deadline for compliance of ro-ro ships which on the date of the adoption of this Directive will already comply with the stability requirements subscribed by the SOLAS Convention (SOLAS 90 standard). This provision, which introduces a more flexible deadline, will concern only ships which already have a high quality stability standard much earlier than the 1 October 2010 (compliance deadline with SOLAS 90 standard).

* An improvement in the provisions relating to specific authorisations for seasonal and short time operations by ro-ro ships.

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

No modifications have been introduced in the technical Annexes to the proposal (Annexes I and II), which are not reproduced in the present amended proposal.

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

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on specific stability requirements for ro-ro passenger ships.

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission [2],

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

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

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

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

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

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

Whereas:

(1) Within the framework of the common transport policy further measures must be taken to improve safety in maritime transport of passengers.

(2) The Community wishes to avoid by all appropriate means shipping accidents involving ro-ro passenger ships and resulting in loss of life.

(3) The survivability of ro-ro ships following collision damage, as determined by their damage stability standard, is an essential factor for the safety of passengers and crew and is particularly relevant for search and rescue operations; the most dangerous problem for the stability of a ro-ro ship with an enclosed ro-ro deck, following collision damage, is the one posed by the effect of a build up of significant amount of water on that deck.

(4) Persons using ro-ro passenger ships and crew employed on board such vessels throughout the Community, have the right to demand the same high level of safety regardless of the area in which ships operate.

(5) In view of the internal market dimension of maritime transport of passengers, action at Community level is the most effective way of establishing a common minimum level of safety for ships throughout the Community.

(6) Action at Community level is the best way to ensure the harmonised enforcement of principles agreed on within the International Maritime Organisation (IMO), thus avoiding distortions of competition between the operators of ro-ro passenger ships operating in the Community.

(7) General stability requirements for ro-ro passenger vessels in damaged conditions were established at international level by the 1990 SOLAS Conference and were included in the chapter II-1, Part B8 of the SOLAS Convention (SOLAS 90 standard). These requirements are applicable in the entire Community owing to the direct application to international voyages of the SOLAS Convention and the application to domestic voyages of Council Directive 1998/18/EC of 17 March 1998 on safety rules and standards for passenger ships [5].

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

(8) The damage stability standard of SOLAS 90 implicitly include the effect of water entering the ro-ro deck in a sea state in order of 1,5 m significant wave height.

(9) IMO Resolution 14 of the 1995 SOLAS Conference, allowed IMO members to conclude regional agreements if they consider that prevailing sea conditions and other local conditions require specific stability requirements in a designated area.

(10) Eight northern European countries, including seven Community Member States, agreed in Stockholm on 28 February 1996 to introduce a higher stability standard for ro-ro passenger vessels in damaged condition in order to take into account the effect of water accumulation on the ro-ro deck and to enable the ship to survive in more severe states than the SOLAS 90 standard, up to 4 m significant wave heights.

(11) Under this agreement, known as the Stockholm Agreement, the specific stability standard is directly related to the sea area in which the vessel operates and more particularly to the significant wave height recorded in the area of operation; the significant wave height of the area where the ship operates determines the height of water on the car deck that would arise following the occurrence of an accidental damage.

(12) At the conclusion of the Conference at which the Stockholm Agreement was adopted, the Commission noted that the Agreement was not applicable in other parts of the Community and announced its intention to examine the prevailing local conditions under which ro-ro passenger ships sail in all European waters and to take appropriate initiatives.

(13) The Council entered a statement in the minutes of the 2074th Council meeting of 17 March 1998 stressing the need to ensure the same level of safety for all passenger ferries operating in similar conditions, whether on international or on domestic voyages.

(14) In the aftermath of the "Express Samina" accident, the European Parliament adopted on 5 October 2000, its resolution B5-0783, 0787 and 0791/2000 where it expressly stated that it awaited the evaluation by the Commission of the effectiveness of the Stockholm Agreement and other measures for improving the stability and safety of passenger ships.

(15) Following an expert study by the Commission, the wave height conditions in South European waters were found similar to those in the north; while general meteorological conditions may be generally more favourable in the south, the stability standard determined in the context of the Stockholm Agreement is based solely on the significant wave height parameter and the way this influences the accumulation of water on the ro-ro deck.

(16) The application of Community safety standards regarding the stability requirements for ro-ro passenger ships is essential for the safety of these vessels and has to be part of the common maritime safety framework.

(17) In the interest of improving safety and avoiding distortion of competition, the common safety standards regarding stability should apply to all ro-ro passenger ships, regardless of the flag that they fly, providing regular services to or from a port in the Member States on international voyages.

(18) The safety of ships is primarily the responsibility of flag States and therefore each Member State should ensure compliance with the safety requirements applicable to the ro-ro passenger ships flying the flag of that Member State.

(19) Member States should also be addressed in their capacity as host States; the responsibilities exercised in that capacity are based on specific port State responsibilities that are fully in line with the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

(20) The specific stability requirements introduced by this Directive should be based on a method, as set up in the Annexes to the Stockholm Agreement, which calculates the height of water on the ro-ro deck following a collision damage in relation to two basic parameters: the ship's residual free board and the significant wave height in the sea area where the ship operates.

(21) Member States should determine and publicise the significant wave heights in the sea areas crossed by ro-ro passenger ships on regular service to or from their ports ; for international routes the significant wave heights should, where applicable and possible, be established in agreement between the States at both ends of the route. Significant wave heights for seasonal operation in the same sea areas may also be determined.

(22) Every ro-ro passenger vessel engaged in voyages within the scope of this Directive, should fulfil the stability requirements in relation of the significant wave heights determined for its area of operation; it should carry a certificate of compliance issued by the flag Member State, which should be accepted by all other Member States.

(23) The SOLAS 90 stability standards provides equivalent level of safety to the specific stability requirements established by this Directive for ships operating in sea areas where the significant wave height is equal or less than 1,5m.

(24) In view of the structural modifications that the existing ro-ro passenger ships may need to undergo in order to comply with the specific stability requirements, those requirements should be introduced over a period of years in order to allow sufficient time to the affected part of the industry to comply: to that end, a phasing-in timetable for existing ships should be provided. This phasing-in timetable should not affect the enforcement of the specific stability requirements by the States parties to the Stockholm Agreement.

(24a) Article 4.1.e. of Council Directive 1999/35/EC on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services provides that host States shall check that ro-ro ferries and high-speed passenger crafts comply with specific stability requirements adopted at regional level and transposed into their national legislation, when these ships operate a service covered by that national legislation in the region concerned.

(24b) High-speed passenger crafts as defined in Regulation 1 of Chapter X of the 1974 Safety of Life at Sea (SOLAS) Convention, as amended, should not be required to comply with the provisions of this Directive, provided that they comply entirely with the provisions of the IMO "International Code for Safety of High Speed Craft", as amended."

(25) Since the measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [6], they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

[6] OJ L 184, 17.7.1999, p. 23.

(26) Since the objectives of the proposed action, namely to safeguard human life at sea by improving the survivability of ro-ro vessels in the event of damage, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Purpose

The purpose of this Directive is to lay down a uniform level of specific stability requirements for ro-ro passenger ships, which will improve the survivability of this type of vessels in case of collision damage and provide a high level of safety for the passengers and the crew.

Article 2 Definitions

For the purpose of this Directive, the following definitions shall apply:

(a) "ro-ro passenger ship" means a ship carrying more than 12 passengers, having ro-ro cargo spaces or special category spaces, as defined in regulation II-2/3 of the International Convention for the Safety of Life at Sea 1974, as amended;

(b) "new ship" means a ship the keel of which is laid or which is at a similar stage of construction on or after 1 October 2004 : a similar stage of construction means the stage at which:

(i) construction identifiable with a specific ship begins; and

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

(c) "an existing ship" means a ship which is not a new ship;

(d) "a passenger" is every person other than 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 other than a child under one year of age;

(e) "International Conventions" means the 1974 International Convention for the Safety of Life at Sea (the 1974 SOLAS Convention), and the 1966 International Convention on Load Lines, together with Protocols and amendments thereto in force ;

(f) "regular service" means a series of ro-ro passenger ship crossings serving traffic between the same two or more ports, which is operated either:

(i) according to a published timetable; or

(ii) with crossings so regular or frequent that they constitute a recognisable systematic series;

(g) "Stockholm Agreement" means the Agreement concluded at Stockholm on 27 and 28 February 1996 in pursuance of SOLAS 95 Conference Resolution 14 "Regional Agreements on Specific Stability Requirements for ro-ro Passenger Ships", adopted on 29 November 1995;

(h) "administration of flag State' means the competent authorities of the State whose flag the ro-ro passenger ship is entitled to fly;

(i) "host State" means a Member State to or from whose ports a ro-ro passenger ship is engaged on a regular service;

(j) "international voyage" means a sea voyage from a port of a Member State to a port outside that Member State, or vice versa;

(k) "specific stability requirements" means the stability requirements set out in Annex I";

(l) "significant wave height" or ("hs") is the average height of the one third highest observed wave heights over a given period;

(m) "residual freeboard" is the minimum distance between the damaged ro-ro deck and the waterline at the location of the damage, without taking into account the additional effect of the sea water accumulated on the damaged ro-ro deck.

Article 3 Scope

1. This Directive shall apply to all ro-ro passenger ships operating to or from a port of a Member State on a regular service, regardless of their flag, when engaged on international voyages.

2. Each Member State, in its capacity as host State, shall ensure that ro-ro passenger ships, flying the flag of a State which is not a Member State, comply fully with the requirements of this Directive before they may be engaged on voyages from or to ports of that Member State in accordance with the provisions of article 4 of Directive 1999/35/EC.

Article 4 Significant wave heights

The significant wave heights (hs) shall be used for determining the height of water on the car deck when applying the specific stability standard contained in Annex 1. The figures of significant wave heights shall be those which are not exceeded by a probability of more than 10% on a yearly basis.

Article 5 Sea Areas

1. Host States shall establish, not later than six months before the date mentioned in Article 13, a list of sea areas crossed by ro-ro passenger ships operating on regular service to or from their ports and the corresponding values of significant wave heights.

2. The sea areas and the applicable values of the significant wave height in these areas shall be defined by agreement between the Member States or, where applicable and possible, between Member States and third countries at both ends of the route. Where the ship's route crosses more than one sea area, the ship shall satisfy the specific stability requirements for the highest value of significant wave height identified for these areas.

3. The list shall be notified to the Commission and published in a public database available in the internet site of the competent maritime authority. The location of such information as well as any updates to the list and the reasons for such updates shall also be notified to the Commission.

Article 6 Specific stability requirements

1. Without prejudice to the requirements of regulation II-1/8 of the Safety of Life at Sea (SOLAS) Convention relating to watertight subdivision and stability in damaged condition, all ro-ro passenger ships referred to in Article 3 (1) shall comply with the specific stability requirements set out in Annex I to this Directive.

2. For ro-ro passenger ships operating exclusively in sea areas where the significant wave height is equal to or lower than 1,5 metres, compliance with the requirements of regulation II-1/8 the Safety of Life at Sea (SOLAS) Convention shall be considered equivalent to compliance with the specific stability requirements set out in Annex I.

3. In applying the requirements set out in Annex I, Member States shall use the guidelines set out in Annex II, in so far this is practicable and compatible with the design of the ship in question.

Article 7 Introduction of the specific stability requirements

1. New ro-ro passenger ships shall comply with the specific stability requirements as set out in Annex I.

2. Existing ro-ro passenger ships, with the exception of those ships to which Article 6.2 applies, shall comply with the specific stability requirements as set out in Annex I by not later than 1 October 2010.

Existing ro-ro passenger ships which on the date of the adoption of this Directive are in compliance with the requirements of regulation II-1/8 of the Safety of Life at Sea (SOLAS) Convention (SOLAS 90 Standard) shall comply with the specific stability requirements as set out in Annex I by no later than 1 October 2015. This provision is without prejudice to Article 4.1.e of Directive 1999/35/EC.

Article 8 Certificates

1 All new and existing ro-ro passenger ships flying the flag of a Member State shall carry a certificate confirming compliance with the specific stability requirements established in Article 6 and Annex I.

This certificate shall be issued by the Administration of the flag State and, may be combined with other related certificates, and will indicate the significant wave height up to which the ship can satisfy the specific stability requirements as well as the area for which the certificate has been originally issued.

The certificate shall remain valid as long as the vessel operates in an area with the same or a lower value of significant wave height .

2. Each Member State acting in its capacity as host State shall recognise the certificate issued by another Member State in pursuance of this Directive.

3. Each Member State acting in its capacity as host State shall accept the certificate issued by a non member country certifying that a ship complies with the specific stability requirements established.

Article 9 Seasonal and short time period operations

1. If a shipping company operating a regular scheduled service on a year round basis wishes to introduce additional ro-ro passenger ships to operate for a shorter period on that service, it shall notify the competent authority of the host state or states not later than one month before the said additional ships are operated on that service. However, in cases where, following unforeseen circumstances, a replacement ro-ro passenger ship must be introduced rapidly to ensure continuity of service, the provisions of Directive 1999/35 shall apply.

1a. If a shipping company wishes to operate seasonally a regular scheduled service for a shorter time period not exceeding six months a year, it shall notify the competent authority of the host state or states not later than three months before such operation takes place.

Where such operations take place under conditions of lower significant wave height than those established for the same sea area for a year round operation, the significant wave height value applicable for this shorter time period may be used by the competent authority for determining the height of water when applying the specific stability standard contained in Annex I. The value of the significant wave height applicable for this shorter time period shall be agreed between the Member States or, where applicable and possible, between Member States and third countries at both ends of the route.

2. Following agreement of the competent authority of the host State or States for operations within the meaning of paragraph 1 and 1a, the ro-ro passenger ship which undertakes such operations shall have to carry a certificate of compliance with the provisions of this Directive, as provided for in Article 8(1).

Article 10 Adaptations

In order to take account of developments at international level and, in particular, in the International Maritime Organisation (IMO) to improve the effectiveness of this Directive in the light of experience and of the technical progress, the Annexes may be amended in accordance with the procedure laid down in Article 11 (2).

Article 11 Committee

1. The Commission shall be assisted by the Committee set up pursuant to Article 12(1) of Directive 93/75/EEC [7] composed of representatives of the Member States and chaired by the representative of the Commission.

[7] OJ L 247, 5.10.1993, p. 19.

2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) and Article 8 thereof.

3. The period provided for in Article 5 (6) of Decision 1999/468/EC shall be of eight weeks.

Article 12 Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Article13 Implementation

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

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

Article 14 Entry into force

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

Article 15 Addressees

This Directive is addressed to the Member States.

Done at Brussels, [...]

For the European Parliament For the Council

The President The President