COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 05.11.1996 
COM(96) 536 final 
96/0041 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
on safety rules and standards for passenger ships 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
During its 4 - 5 September Plenary Session, the European Parliament approved, subject to a 
number of amendments, the Commission's proposal for a Council Directive on safety rules 
and standards for passenger ships1. The Economic and Social Committee delivered its opinion 
on 29 May 19962. 
A number of amendments adopted by the European Parliament are consistent with the main 
principles of the Commission's proposal and are providing an added value by clarifying or 
even enforcing some of its provisions and are complying some of the requests by the 
Economic and Social Committee. Others, which the Commission could not accept, are 
conflicting with the envisaged harmonization or are weakening the provisions of the proposal, 
or are referring superfluously to other existing Community legislation or international 
Conventions. 
More precisely, the Commission could not accept : 
the amendments to recital 6, to article 3, paragraph 1 and to article 5, paragraph 1, 
since the implementation of existing national higher safety standards or changing the 
proposal into a minimum-standard Directive would be contrary to the main objective 
of the Commission proposal, i.e. to establish a harmonized safety standard, at the 
highest IQYQI possible and applicable in the entire Community. Only additional safety 
measures which are justified by local conditions (e.g. unfavourable climatic conditions) 
can be accepted subject to the procedures set out in the proposal; 
the amendment to recital 8, as the latter cannot be maintained for reasons of 
• redundancy; 
the amendment to recital 16, since all rules to which high speed passenger craft have 
to comply are fully specified in the proposal so that there are none left to be applied 
in addition to this Directive; 
the amendment to recital 17, since the proposal does not contain requirements on 
training of seafarers and hence a reference to the Council Directive on the minimum 
level of training of seafarers is unnecessary; 
the amendment to article 1, since protection of the environment is covered by the 
international MARPOL Convention and therefore must not be referred to as one of the 
objectives of the proposal; 
the amendment to article 5, paragraph 4 bis, as their is no correlation between the 
proposal and the Community legislation referred to in the amendment; 
the amendment to article 6, paragraph 2 a) (ii), since the proposed addition is 
redundant taking into account that the Commission's proposal precisely establishes to 
which classes of ships the different provisions of the proposal apply; 
1 
2 O.J. N° C238 of 16 August 1996, p. 1 
O.J. N° C212 of 22 July 1996, p. 21 
the amendment to article 6, paragraph 3 c) (first part), since changing the provisions 
for existing class C and D ships by allowing them to comply with the national rules 
of the flag State only would be conflicting with the proposal's main objective to 
harmonize safety requirements in the Community at the highest level possible; 
the amendment to article 10, paragraph 4, since the monitoring of the conduct of 
classification societies is not the subject or related to IMO Resolution A.746(18); 
the part of the amendment to annex I, Chapter II-1, Part B, Regulation 1, requesting 
the exclusion of Class C and D ships from the application of this Regulation, since 
such an exclusion cannot be justified by technical or safety reasons; 
the amendment to Annex I, Chapter III, regulation 2 a) (new), since safety measures 
based on local (climatic) conditions, have to be introduced in accordance with the 
procedures of article 7.1 of the proposal. 
The Commission accepted without reservation : 
the amendments to article 11, paragraph 1 and 2, and to annex II, changing the title 
of the certificate "declaration of compliance" into "passenger ship safety certificate" 
since this will avoid confusion with the title of the certificate required under the ISM 
Regulation. For reasons of consistency similar changes have been introduced in article 
5, paragraph 2, in article 11, paragraph 4 as well as in technical annex I, Chapter II-1, 
PART B, Regulation 11. paragraphs 2 and 4. These amendments will also meet the 
concern of the Economic and Social Committee on this issue. 
the amendment to annex I, Chapter II-2, Part B, Regulation 16, since the proposed 
postponement of the implementation date will allow to take account of the 
implementation date of tiie Directive and the time necessary for the industry to prepare 
and execute the major alterations to existing ships required by this regulation. It also 
meets the request by the Economic and Social Committee. 
Finally, the Commission accepted the substance of the following amendments, subject to 
redrafting : 
the amendments to article 6, paragraph 3, litera c) and d), since they ensure a more 
active involvement of the Host Member State in case existing Class C and D ships 
flying the flag of another Member State are to be engaged on domestic voyages in the 
Host State's territory; 
the amendment to article 5, introducing the provision that ships have to comply, in 
addition to the requirements of the Directive, with national safety requirements based 
upon specific local conditions and subject to Committee approval. The Commission 
proposes to include this provision by amending article 5, paragraph 2; 
the amendment to annex 1, Chapter II-1, Part B, Regulation 1, in so far it clarifies the 
scope of application for this regulation by adding a reference to the length limit of 24 
metres , which was also requested by the Economic and Social Committee; 
the amendment to Regulation 2 of Chapter III of Annex I, which introduces a 
provision to take account of difficulties which might arise from applying the technical 
requirements of Annex I to existing small vessels. The amendment to article 3 
proposed by the Commission accommodates this concern by limiting the scope of 
application to existing ships with a length of 24 metres and above. 
Therefore in compliance with Article 189A, paragraph 2, the Commission modifies its 
proposal. 
Amended proposal for a 
Council Directive 
on safety rules and standards for passenger ships 
-Original text- - Amended text— 
Article 3, paragraph 1 
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. 1. This Directive applies to: 
a) new passenger ships; 
b) existing passenger ships of 24 
metres in length and above. 
ç) high speed passenger craft, 
regardless of their flag, when engaged 
on domestic voyages. 
Article 5, paragraph 2 
Member States shall not withhold from 
operation, for reasons arising from this 
Directive, passenger ships, respectively 
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 recognise 
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. 2. Member States shall not withhold from 
operation, for reasons arising from this 
Directive, passenger ships, respectively 
high speed passenger craft, when 
engaged on domestic voyages, which 
comply with the requirements of this 
Directive, including any additional 
requirements imposed by a Member 
State, in accordance with the provisions 
of Article 7.1. 
Each Member State, acting in its 
capacity as host State, shall recognise 
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 passenger 
ship safety certificate referred to in 
Article 11 issued by another Member 
State for passenger ships when engaged 
on domestic voyages. 
Article 6, paragraph 3, c) 
3. With regard to existing passenger ships: 3. With regard to existing passenger 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. 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. 
Before existing passenger ships of 
Class C and D can be engaged on 
regular domestic voyages in a host 
State, the Administration of the flag 
State shall obtain concurrence of 
the host State on such rules. 
Article 6, paragraph 3, d) 
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 (bV 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 
paragraph 2. d) In the event that a Member State is 
of the view that rules required by 
the Administration of the host State 
pursuant to paragraph (c) are 
unreasonable, 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. 
Article 11, paragraph 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, paragraphs l.a) and 2.a), has been 
carried out. 1. All new and existing passenger ships 
shall be provided with a Passenger Ship 
Safety Certificate in compliance with 
this Directive. The Passenger Ship 
Safety Certificate shall have a format as 
laid down in Annex II. This certificate 
shall be issued by the Administration of 
the flag State after an initial survey, as 
described in Article 10, paragraphs l.a) 
and 2.a), has been carried out. 
Article 11, paragraph 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. The Passenger Ship Safety Certificate 
shall be issued for a period not 
exceeding 12 months. The period of 
validity of the certificate 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 certificate starts from the expiry 
date of the existing certificate before its 
extension. 
Renewal of the declaration of 
compliance, shall be issued after a 
renewal survey, as described in Article 
10, paragraphs l.b) and § 2.b), has been 
carried out. Renewal of the Passenger Ship Safety 
Certificate, shall be issued after a 
renewal survey, as described in Article 
10, paragraphs l.b) and § 2.b), has been 
carried out. 
Article 11, paragraph 4 
4. Exemptions granted to a ship or craft 
under and in accordance with the 
provisions of article 7, paragraph 3, 
shall be noted on the declaration of 
compliance. 4. Exemptions granted to a ship or craft 
under and in accordance with the 
provisions of article 7, paragraph 3, 
shall be noted on the ship's or craft's 
certificate. 
Annex I, Chapter11-1, PART B, Regulation 1 
1 Intact stability 
(Resolution A.167 as amended 
A.206 and resolution A.749) 
NEW CLASS A, B, C and D SHIPS 1 Intact stability 
by (Resolution A.167 as amended 
A.206 and resolution A.749) by 
NEW CLASS A, B, C and D SHIPS OF 
24 M IN LENGTH AND ABOVE: 
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). All classes of new ships of 24 metres in 
length and above 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). 
Annex I, Chapter II-l, PART B, Regulation 11, paragraphs 2 and 4 
11 Assigning, marking and recording of 
subdivision load lines (R 13) 11 Assigning, marking and recording of 
subdivision load lines (R 13) 
The subdivision load lines assigned 
and marked shall be recorded in the 
Document of Compliance, and shall 
be identified by the notation C.l if 
there is only one subdivision 
loadline. 
If there are more than one 
subdivision load line, the alternative 
conditions shall be identified by the 
notations C.2, C.3, C.4 etc. The subdivision load lines assigned 
and marked shall be recorded in the 
Passenger Ship Safety Certificate, 
and shall be identified by the 
notation C.l if there is only one 
subdivision loadline. 
If there are more than one 
subdivision load line, the alternative 
conditions shall be identified by the 
notations C.2, C.3, C.4 etc. 
.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. .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 Passenger 
Ship Safety Certificate. 
Annex I, Chapter II-2, PART B, Regulation 16 
16 Upgrading of existing CLASS B 
ships carrying more than 36 
passengers (R 41-1) 
In addition to the requirements for existing 
CLASS B ships in this Chapter II-2, 
existing CLASS B ships carrying more 
than 36 passengers shall comply with the 
following requirements : 
. 1 not later than 1 October 1997 : 16 Upgrading of existing CLASS B 
ships carrying more than 36 
passengers (R 41-1) 
In addition to the requirements for existing 
CLASS B ships in this Chapter II-2, 
existing CLASS B ships carrying more 
than 36 passengers shall comply with the 
following requirements : 
.1 not later than 1 October 2000: 
ANNEX II 
(title page of annex II) : 
FORM OF 
DECLARATION OF COMPLIANCE FORM OF 
PASSENGER SHIP SAFETY 
CERTIFICATE 
(title of certificate) : 
DECLARATION OF COMPLIANCE 
(reverse of certificate) : 
The undersigned declares that he is duly 
authorized by the said Member State to 
issue this declaration of compliance. PASSENGER SHIP SAFETY 
CERTIFICATE 
The undersigned declares that he is duly 
authorized by the said Member State to 
issue this Passenger Ship Safety Certificate. 
ISSN 0254-1475 
COM(96) 536 final 
DOCUMENTS 
EN 07 15 
Catalogue number : CB-CO-96-544-EN-C 
ISBN 92-78-10686-0 
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