[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 1.2.2008

SEC(2008)143

COMMISSION STAFF WORKING DOCUMENT

for the Council Shipping Working party IMO – European Community position to be adopted by the Council on maritime safety issues for the 84th session of the Maritime Safety Committee (MSC) meeting in London from 7-16 May 2008 concerning Annex 2 of Resolution MSC.216(82) and ro-ro passenger ship stability

PURPOSE

This document contains a proposal, for the approval of the Council Shipping Working Party, to be submitted to the IMO concerning the application of new SOLAS rules on ship stability contained in IMO Resolution MSC.216 to new ro-ro passenger ships from 1 January 2009. This submission requests a new item on the IMO work programme to re-examine these forthcoming ship stability rules in as much as they relate to ro-ro passenger vessels.

BACKGROUND

New IMO rules on ship stability (SOLAS 2009) were adopted at MSC 80 in May 2005 (Resolution MSC.194(80)) and, following further discussions, were readopted at MSC 82 in November 2006 (Annex 2 of Resolution MSC.216(82)). They are applicable to all ships and will enter into force on 1 January 2009. They mark a break with previous approaches and as yet remain untested on new ship designs. It is generally accepted that these new rules are of better quality than the existing ones; in particular, they are capable of catering for a greater number of damage scenarios than the current SOLAS and Community rules.

These rules should replace the current Community arrangements applicable to ro-ro passenger (ropax) ships, which combine the current SOLAS ship stability rules with a regional agreement (the Stockholm Agreement). This Agreement is applied within the Union through two Community Directives (Directives 2003/25/EC and 98/18/EC as amended) to such ships of whatever flag engaged either in international or domestic voyages. Current IMO rules refer to such regional agreements, but not SOLAS 2009.

Discussion with Member States on this issue has taken the form of two technical meetings on 17 November 2006 and 27 March 2007, hosted by EMSA, as well as discussion at the 8th and 9th meetings of the Committee on Safe Seas and the Prevention of Pollution (COSS) on 17-18 July and 13-14 December 2007 respectively. In addition, a meeting was held with those Member States with specific shipbuilding interests or which had relevant studies in hand on 16 October 2007. At the technical meeting of 27 March and again on 18 July all Member State representatives present advocated that the Commission proceed with a revision of the Directives to no longer apply the current ship stability arrangement to new ropax ships from 1.1.2009. If SOLAS 2009 calculations were found to be faulty, they could be revised at a later stage in Council discussions on the Commission proposal.

Furthermore, the Member States confirmed the incompatibility of the current Community rules and SOLAS 2009, as they represented two different mathematical approaches.

Prior to drawing up a proposal, the Commission asked EMSA to consider the level of safety provided by SOLAS 2009 for ropax ships; the accuracy and reliability of the new designer software required; how Recognised Organisations could verify the stability of such ships; and whether old and new rules could co-exist.

EMSA's report of 11 October 2007 indicates that the new IMO rules (SOLAS 2009) are in general less safe in damaged condition at the deepest draught, - when capsizing may cause the maximum loss of life – and draws in particular on the results of recent Finnish and UK studies, as well as on flaws highlighted by various academics. Their report also raises queries on the other questions posed.

Moreover, the EMSA report notes that ships built to SOLAS 2009 standards are not continuously as safe as the current arrangements in terms of the provision for water on deck.

In contrast to their previous position, at a subsequent meeting on 16 October 2007 with Member States with ropax shipbuilding interests (DE, FI, FR, GR, IT, UK), all agreed that there was a basic problem with the new rules, namely that the dynamic effect of accumulated water on the car deck was not sufficiently taken into account (a factor that current Community rules specifically address). A number of solutions were put forward including tightening the current mathematical formulae in several ways; or maintaining a requirement for a minimum residual freeboard of 2 metres with a relevant calculation base, which would equate to the Community rules. In addition, a number of other concerns was highlighted

At a meeting with industry on 16 November 2007, IACS and CESA considered that SOLAS 2009 rules alone should be applied from 1.1.2009. IACS considers that the new rules should be as safe as the current arrangement, but in any case that any further revision should be dealt with at IMO. CESA subsequently noted in its position paper that it could accept the continued application of the Stockholm Agreement as a recommendation.

By contrast to an earlier conclusion that the current Community rules and SOLAS 2009 are incompatible, ECSA reported that their members have already placed orders for newbuilds both in Finland and South Korea which are compliant with both current and new rules. They indicated that this is as a result of unclear signals from Member State maritime administrations and also to ensure public confidence pending a consensus that the new rules are equally safe. The fact that these ships are being built clearly appears to contradict the assertion as to the compatibility of SOLAS 2009 and the Stockholm agreement rules. ECSA urged the Commission to keep the Stockholm Agreement standards in place as an interim measure until concerns about SOLAS 2009 are addressed.

In the opinion of the Commission services, as far as ro-ro passenger vessels are concerned, there is therefore reasonable doubt that the level of safety of the new SOLAS 2009 rules might not be as high as that of the current Community regulatory framework. This concern relates primarily to the issue of water on deck. It is therefore essential to ask IMO to re-examine the ship stability rules concerning ropax vessels and specifically damage stability measures as a new work programme. The issue is too fundamental to be subsumed into existing discussions on passenger vessels within the SLF Sub Committee. In order for a work programme to be considered at the next MSC (MSC 84), the submission should be with the IMO Secretariat by 5 February 2008.

The Commission also intends to follow up shortly with a further submission indicating what action the Community intends to take as an interim measure.

COMMUNITY INTEREST

Directive 2003/25/EC on specific stability requirements for ro-ro passenger ships and Directive 98/18/EC on safety rules and standards for passenger ships cover ships engaged in international and domestic passenger voyages respectively cover this field. Thus this issue falls clearly within Community competence.

Proposal

The Commission proposes that MSC 84 should include a new high priority item on Damage stability rules for ro-ro passenger vessels in the work programme and agenda of the SLF Sub-Committee, in order to re-examine:

(1) how best the issue of water on deck can be constantly covered within SOLAS 2009 damage stability rules; and

(2) in what way other identified problems can be overcome.

Action requested

The Council Shipping Working Party is invited to consider the following European Community submission on this matter with a view to propose, at the forthcoming MSC 84 meeting, that a new work programme item on ship stability rules for ro-ro vessels is included for the Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety in order to re-examine the relevant provisions of SOLAS 2009.

ANNEX

INTERNATIONAL MARITIME ORGANIZATION | [pic] | E |

MARITIME SAFETY COMMITTEE 84th session Agenda item 22 | MSC84/22/xx -- January 2008 Original: English |

WORK PROGRAMME

Proposal for specific ship stability requirements for ro-ro passenger ships

Submitted by Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania Slovakia, Slovenia, Spain, Sweden, United Kingdom and the European Commission

SUMMARY |

Executive summary: | This document proposes a new work programme item for the Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety with a view to incorporating specific ship stability rules for ro-ro passenger ships into SOLAS |

Strategic Direction: | 2 and 5 |

High-level Action: | 2.1.1; 5.1.1; 5.2.1 |

Planned output: | Amendments to SOLAS II-1 for ro-ro passenger ships |

Action to be taken: | Paragraph 18 |

Related documents: | MSC Resolution 216 (82) Annex 2 |

1. The above-mentioned submitting sponsors propose the inclusion of a new agenda item "Damage stability rules for ro-ro passenger vessels" in the work programme of the Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety (SLF). This proposal is submitted in accordance with the Guidelines on the organization and method of work of the MSC and the MEPC and their subsidiary bodies (MSC-MEPC.1/Circ 1), section 2.9-2.23 concerning content and formats for proposals for new work programme items

SCOPE OF THE PROPOSAL

2 The revised IMO SOLAS Chapter II-1, parts A, B and B-1 (hereafter referred to as the SOLAS 2009 stability rules) will replace the current SOLAS 74 stability rules as amended, when they enter into force on 1 January 2009. At the same time, the current regional requirement relating to damage stability and ingress of water on ro-ro passenger ship car decks (the 1996 Stockholm Agreement) was considered to become obsolete as this is seen to be included in the new rules.

3. In practice, the calculation methods used in the new SOLAS 2009 and the regional Stockholm Agreement rules seem to be incompatible. A direct comparison of levels of safety between the two sets of rules is therefore difficult. However, certain issues have led to concerns over the level of safety intrinsic in the new rules specifically for ro-ro passenger vessels (see paragraph 7 below). As a result it is proposed to revisit the new SOLAS 2009 regulatory framework to ensure that the issue of water on deck, which is a specific safety concern for ro-ro passenger vessels, is adequately addressed within the new rules.

4 The above-mentioned submitting IMO Member States - which are all members of the European Community, to which these States have transferred the competence regarding this particular subject matter – and the European Commission propose the addition of a new work programme item for the Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety with a view to considering and possibly then incorporating specific damage stability rules for ro-ro passenger vessels into SOLAS.

Compelling need

5 Ro-ro vessels with an open car deck require special attention in terms of damage stability. Ingress of water on the car deck can make the vessel list immediately to one side. According to experiments, a list of 20 degrees or more makes the movement of people inside the vessel very difficult and the proper evacuation of the passengers impossible. Computer simulations indicate that such a list may occur on a large ro-ro passenger vessel in less than 20 minutes. Other simulations indicate that a damaged ro-ro passenger ship with intact hull plate around subdivisions but with a continuous supply of water on deck, will eventually capsize on her side before starting to sink, such as was the case in the Herald of Free Enterprise, Estonia and Salam-Al Boccaccio.

6 During IMO discussions on SOLAS 2009 rules, the principles associated with the ingress of water on the car deck of ro-ro vessels were incorporated in the calculations at the evaluation stage of the new rules but were subsequently omitted from the final version.

7 The concerns with the new SOLAS 2009 rules based on recent further analysis are as follows:

- The EU-sponsored HARDER project involved only a few (3) ro-ro passenger vessels in the checking process, mainly taken from cases of collision accidents. Major accidents due to water on deck can also occur when subdivisions are intact;

- No specific recognition is made of the water on deck problem within the forthcoming rules. The Static Equivalent Method of damage calculation used for the HARDER project, initially involved submerging the hull on an even keel only. The alternative Free Board method, which involved an inclined keel, was not sufficiently investigated and subsequently discarded. The final formulation of the 's' (survivability) factor was applied to all ships, thereby making no distinction between damage stability characteristics of ro-ro passenger vessels and other ships.

- The HARDER project involved a sea state of Significant Wave Height (SWH) of 2 metres only, whereas the Stockholm Agreement considers a sea state of 4 metres SWH. The particular GZ maximum value of 0.25 to be assigned to ro-ro vessels was reduced to 0.12, a value now incorporated in the final rules.

- Subsequent studies which have compared the impact of the current SOLAS rules plus the Stockholm Agreement with the new regulatory framework have indicated that ro-ro passenger ships will generally be less safe close to their maximum draught (with a maximum load of passengers/vehicles).

- Under SOLAS 2009, plausible damage scenarios may be ignored, as long as a certain overall safety index (attained index) is achieved. This might not reflect the real survivability of the ship.

8 There is therefore a need to revisit the specific damage stability rules within the new SOLAS 2009 framework that pertain to ro-ro vessels, to ensure the above mentioned concerns are adequately addressed.

Analysis of the issues involved, having regard to both the costs to the maritime industry, and global legislative and administrative burdens

9 Within the European Union, some Member States are already requiring a combination of the new SOLAS 2009 framework with the relevant combined SOLAS 90 and Stockholm Agreement requirements. The European Community Shipowners Association has indicated that it is placing orders for ro-ro passenger ships that comply with both sets of rules, pending a resolution of any concerns about the new SOLAS 2009 framework. Such a combination will obviously limit the design possibilities inherent in the new rules and prevent a maximisation of potential carriage on board new ships.

Benefits that would accrue from the proposal

10 There are several benefits to reviewing the specific ship stability rules for ro-ro vessels. It would provide clarity and reassurance to the industry; address fundamental concerns identified in terms of safety particularly present for ro-ro passenger vessels; and allow the unhindered commercial optimisation of such ships, a concept inherent in SOLAS 2009 to be fully realised.

Priority and target completion date

11 The SOLAS 2009 rules are due to come into operation for new ships from 1 January 2009. Formerly Resolution MSC.194(80), the rules have already, exceptionally, been subject of a re-adoption at IMO MSC82 as Resolution MSC.216(82). It is not proposed to seek a postponement of the effective operating date of these SOLAS 2009 rules.

However, within the wider passenger ship safety field, a number of related work programme items are already being considered and have a completion target date of 2008, so already with an entry into force date after 2009, namely (1) stability and sea-keeping characteristics of damaged passenger ships in a seaway when returning to port by own power or under tow; and (2) Time-dependent survivability of passenger ships in damaged condition.

The issue raised in this submission has different aspects to it and addresses specifically ro-ro passenger ships, which deserves consideration as a separate item, but one which needs to be examined with urgency. It might be appropriate therefore to envisage a target completion date of 2010.

Considering the benefits obtained by the proposal (see paragraph 10), all the sponsors of this submission are of the opinion that this issue should be given high priority. It is expected that at least two sessions will be needed to properly deal with this issue. The item should be placed on the SLF agenda with a view to starting discussions in 2008.

Specific indication of the action required

12 The Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety (SLF) should consider the possibilities of revising SOLAS regulation II-1/8 to satisfactorily address the issue of water on deck for ro-ro vessels. The Sub-Committee should further consider how best account could be taken of plausible damage scenarios within the attained index. Initial discussions should be supplemented by an intersessional correspondence group.

Is the subject of the proposal within the scope of IMO’s objectives?

13 The proposal is within the scope of the objectives, as it aims to enhance technical standards for ship stability and thereby to ensure the safety of human life at sea.

How is the proposed item related to the scope of IMO's strategic plan and how does it fit into the high-level action plan?

14 This work programme item will contribute to two IMO strategic objectives, namely Strategic Direction (SD) 2: fostering global compliance and uniform implementation of IMO instruments, by rendering redundant the need for any additional regional agreement on ro-ro passenger vessels; and SD 5 ensuring human safety at sea through enhanced technical standards. It links into three high-level action plan items flowing from these two objectives, namely 2.1.1, the improvement of conventions, etc.; 5.1.1, reviewing the adequacy of passenger ship safety provisions; and finally, keeping under review the technical and operational safety aspects of all types of ships.

Do adequate industry standards exist?

15 Current SOLAS rules do exist, supplemented, in the case of the above-mentioned sponsors, by specific additional regional rules.

Do the benefits justify the proposed action?

16 Yes, see paragraphs 9 and 10.

Identification of the subsidiary bodies essential to complete the work

17 The SLF Sub-Committee would be the appropriate body to carry out the work. It is expected that at least two sessions will be needed to properly deal with this issue.

Action requested of the Committee

18 The Committee is invited to include a new high priority item on Damage stability rules for ro-ro passenger vessels to the work programme and agenda of the SLF Sub-Committee.