Amended proposal for a COUNCIL REGULATION (EC) on the safety management of ro-ro passenger vessels
Date: 1995-06-15
Institutions: European Commission
Subjects: carriage of passengers, ferryboat, marine pollution, maritime safety, maritime transport, prevention of pollution

COMMISSION OF THE EUROPEAN  COMMUNITIES 

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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 
outside 
the  scope  of 
the  light of  the redrafted  proposals, 

this 

introducing  new  recitals  since  they  refer  to  matters 

Regulation  or  became 

superfluous 

in 

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 

Article  2 

For  the  purpose  of  this  Regulation  and  of 
the  ISM  Code, 

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; 

"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; 

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; 

"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 

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. 

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 

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. 

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. 

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. 

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. 

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 

Article 8 

In order  to take account  of  developments 
at  international  level 

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) 

(2) 
(3) 

the definition  of  "ISM Code" in 
article 2, 
the Annex, 
the definition  of "Recognised 
Organisation"  in article 2, 

(1) 

(2) 
(3) 

the definition  of  "ISM Code" in 
article 2, 
the Annex, 
the définition  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. 

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 

Article  10 

This Regulation  shall enter  into force  on 1 
January  1996. It shall be applicable as 
from  1 July  1996. 

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. 

This Regulation  shall be binding  in its 
entirety and directly  applicable  in all 
Member States. 

?r 

ISSN 0254-1475 

COM(95) 286  final 

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