COMMON POSITION (EC) No 23/95 adopted by the Council on 28 September 1995 with a view to adopting Council Regulation (EC) No .../95 of ... on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)
Date: 1995-09-28
Institutions: Council of the European Union
Subjects: carriage of passengers, ferryboat, marine pollution, maritime safety, maritime transport, prevention of pollution













EUR-Lex - 51995AG1110(01) - EN






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51995AG1110(01)

COMMON POSITION (EC) No 23/95 adopted by the Council on 28 September 1995 with a view to adopting Council Regulation (EC) No .../95 of ... on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries)  


Official Journal C 297 , 10/11/1995 P. 0001 





COMMON POSITION (EC) No  23/95adopted by the Council on 28 September 1995with a view to adopting Council Regulation (EC)  No . . ./95 of . . . on the safety management of roll-on/roll-off passenger ferries (ro-ro  ferries)(95/C 297/01)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 84 (2)  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure referred to in Article 189c of the Treaty (3), Whereas the Community is seriously concerned by shipping casualties with loss of life; Whereas the International Safety Management Code providing for the safe operation of ships and for  pollution prevention, hereinafter referred to as the 'ISM Code', was adopted by the International  Maritime Organization (IMO) through Assembly Resolution A.741(18) of 4 November 1993 in the  presence of the Member States and, through its incorporation into the International Convention on  the Safety of Life at Sea 1974, will apply to ro-ro passenger vessels from 1 July 1998; Whereas this represents one of a series of measures to improve safety at sea; whereas the ISM Code  is not yet of a mandatory but of a recommendatory nature; Whereas safety of human life at sea may be effectively enhanced by applying the ISM Code strictly  and on a mandatory basis; Whereas the Community's most urgent concern is for the safety management of ro-ro passenger  ferries; whereas a uniform and coherent implementation of the ISM Code in all Member States can  constitute a step towards the safety management of ro-ro passenger ferries; Whereas in its resolution of 22 December 1994 on the safety of roll-on/roll-off passenger ferries  (4), the Council invited the Commission to submit a proposal on the advance mandatory application  of the ISM Code to all regular roll-on/roll-off passenger ferry services operating to or from  European ports, in compliance with international law; Whereas strict and mandatory application of the ISM Code is required to ensure the establishment  and proper maintenance of safety management systems by companies operating seagoing ro-ro passenger  ferries both at ship and at company level; Whereas action at Community level is the best way to ensure advance mandatory enforcement of the  provisions of the ISM Code and effective control of its application, while avoiding distortion of  competition between different Community ports and ro-ro ferries; whereas only a regulation, which  is of direct applicability, can ensure such enforcement; whereas advance implementation requires  that the regulation be applicable as from 1 July 1996; Whereas the advance mandatory implementation of the ISM Code to all ro-ro ferries regardless of  their flag also takes into account the request contained in point 2 of IMO Resolution A.741(18)  which strongly urges Governments to implement the Code as soon as possible, giving priority inter  alia to passenger ships; Whereas the safety of ships is the primary responsibility of flag States; whereas Member States can  ensure compliance with adequate safety management rules by ferries flying their flag and companies  operating them; whereas the only way to ensure the safety of all ro-ro ferries, irrespective of  their flag, operating or wishing to operate on a regular service from their ports is for the Member  States to require effective compliance with safety rules as a condition for operating on a regular  service from their ports; Whereas companies operating ro-ro ferries exclusively in sheltered waters between ports in the same  Member State constitute a more limited risk and will need to assume a proportionately greater  administrative work-load than other companies, and should therefore enjoy a temporary derogation; Whereas it is necessary to identify the requirements under which the provisions of the ISM Code are  enforced and to define the conditions for the issue and verification of the document of compliance  and of the safety management certificate; Whereas Member States might find it necessary to delegate or rely upon specialized bodies in order  to fulfil their obligations under this Regulation; whereas the appropriate way of ensuring a  uniform and adequate level of control is to require that such bodies should only be those which  meet the requirements of Council Directive 94/57/EC of 22 November 1994 on common rules and  standards for ship inspection and survey organizations and for the relevant activities of maritime  administrations (1); Whereas a Member State must have the possibility of suspending the operation of certain ro-ro  ferries from its ports where it considers that there is a risk of serious danger to safety of life  or property or the environment, subject to a decision to be taken in the framework of a regulatory  committee, to which the Member States must conform; Whereas a simplified procedure involving a committee of a regulatory nature is necessary to amend  this Regulation taking into account developments at international level; Whereas the rapid introduction of these safety rules raises specific technical and administrative  problems for Greece because of the very large number of companies established in Greece operating  ferries under the Greek flag and exclusively between Greek ports; whereas a derogation of limited  duration to cover this situation should therefore be granted bearing in mind in addition that  regular passenger and ferry services between Greek ports have been excluded until 1 January 2004  from the freedom to provide services granted by Council Regulation (EEC) No 3577/92 of 7 December  1992 applying the principle of freedom to provide services to maritime transport within Member  States (maritime cabotage) (1), HAS ADOPTED THIS REGULATION: Article 1 The purpose of this Regulation is to enhance the safe management,  safe operation and pollution prevention of ro-ro passenger ferries operating to or from ports of  the Member States of the Community on a regular service by ensuring that companies operating ro-ro  ferries comply with the ISM Code through: - the establishment and proper maintenance of shipboard and shore-based safety management systems  by companies, and- the control thereof by flag and port State administrations. Article 2 For the purpose of this Regulation and with a view to the implementation of the ISM  code: (a) 'ro-ro-ferry' means a seagoing passenger vessel with facilities to enable road or rail vehicles  to roll on and roll off the vessel, and carrying more than 12 passengers; (b) 'regular service' means a series of ro-ro ferry crossings operated so as to serve traffic  between the same two or more points, either: 1. according to a published timetable; or2. with crossings so regular or frequent that they  constitute a recognizable systematic series; (c) 'company' means the owner of a ro-ro ferry or any other organization or person such as the  manager, or the bareboat charterer, who has assumed responsibility for operating the ro-ro ferry  from the owner; (d) 'recognized organization' means a body recognized in compliance with the provisions of  Directive 94/57/EC; (e) 'ISM Code' means the International Management Code for the Safe Operation of Ships and for  Pollution prevention, adopted by the IMO through Assembly Resolution A.741(18) of 4 November 1993,  and annexed to this Regulation; (f) 'administration' means the government of the State whose flag the ro-ro ferry is entitled to  fly; (g) 'document of compliance' means the document issued to companies in conformity with paragraph  13.2 of the ISM Code; (h) 'safety management certificate' means the certificate issued to ro-ro ferries in conformity  with paragraph 13.4 of the ISM Code; (i) 'sheltered waters' means areas where the annual probability of the significant wave height  exceeding 1,5 m is less than 10 %, and in which a ro-ro ferry is at no time more than six nautical  miles from a place of refuge where shipwrecked persons can land. Article 3 The Regulation shall apply to all companies, operating at least one ro-ro ferry to or  from a port of a Member State of the Community on a regular service regardless of its flag. Article 4 1. All companies shall comply with all the provisions of paragraphs 1.2 to 13.1 and of  paragraph 13.3 of the ISM Code, as if the provisions thereof were mandatory, as a requirement for  their vessels to provide regular services to or from a port of a Member State of the Community. 2. By way of derogation from paragraph 1, companies operating a ro-ro ferry or ferries on a regular  service exclusively in sheltered waters between ports situated in the same Member State may defer  compliance with the provisions of this Regulation until 1 July 1997. Article 5 1. Member States shall comply with the provisions of paragraphs 13.2, 13.4 and 13.5 of  the ISM Code as if the provisions thereof were mandatory in relation to companies and ro-ro  ferries. 2. For the purposes of paragraph 1, Member States may only authorize, or rely upon, fully or in  part, a recognized organization. For the purposes of paragraph 13.2 of the ISM Code, a Member State may only issue documents of  compliance for a company which has its principal place of business on its own territory. Prior to  such issue, the Member States shall consult the administration of the States whose flag the  ro-ro-ferries of that company are entitled to fly, if that administration is not that of the  issuing Member State. 3. The document of compliance shall only be valid for five years from the date of its issue,  provided always that a verification takes place once a 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. 4. The safety management certificate shall only be valid for five years from the date of its issue,  provided always that an intermediate verification takes place at least every 30 months or more  frequently 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. For the purposes of this Regulation, and in particular Article 6, each Member State shall accept  a document of compliance or a safety management certificate issued by the administration of any  other Member State or by a recognized organization acting on its behalf. 6. A Member State shall recognize the documents of compliance and safety management certificates  issued by, or on behalf of, the administrations of third countries if it is satisfied that they  demonstrate compliance with the provisions of this Regulation. Documents of compliance and safety management certificates issued on behalf of administrations of  third countries may only be recognized if they have been issued by a recognized organization. Article 6 Member States shall satisfy themselves that all companies providing regular ro-ro ferry  services to or from their ports comply with the provisions of this Regulation. Article 7 Where a Member State considers that a company, notwithstanding the fact that it holds a  document of compliance, cannot operate a ro-ro ferry on a regular service to or from its ports on  the grounds that there is a risk of serious danger to safety of life or property, or the  environment, the operation of such service may be suspended until such time as the danger is  removed. In the above circumstances the following procedure shall apply: (a) the Member State shall inform the Commission and the other Member States of its decision  without delay, giving substantiated reasons therefor; (b) the Commission shall examine whether the suspension is justified for reasons of serious danger  to safety and the environment; (c) it will be decided, in accordance with the procedure laid down in Article 10 (2), whether or  not the decision of the Member State to suspend the operation of such service is justified for  reasons of serious danger to safety of life or property, or the environment and, if the suspension  is not justified, that the Member State concerned will be requested to withdraw the suspension. Article 8 In order to take account of the general terms of the ISM Code, the Commission shall  review the implementation of this Regulation three years after its entry into force and propose any  appropriate measures. Article 9 In order to take account of developments at international level and, in particular, in  the IMO, (a) the definition of the 'ISM Code' in Article 2; (b) the periods of validity of the document of compliance and/or the safety management certificate  and the frequency of verification relating thereto in Article 5 (3) and (4); (c) the Annex; (d) the definition of 'recognized organization' in Article 2; may be amended, in accordance with the procedure laid down in Article 10 (2), in particular to  introduce into the Annex guidelines for administrations for the implementation of the ISM Code. Article 10 1. The Commission shall be assisted by the Committee established by Article 12 (1) of  Council Directive 93/75/EEC (1). 2. The representative of the Commission shall submit to the Committee a draft of the measures to be  taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman  may lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the Committee shall be weighted in the manner set out in that Article. The chairman shall  not vote. 3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion  of the Committee. (b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no  opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. (c) If, on the expiry of a period of 40 days from the date of referral to the Council, the Council  has not acted, the proposed measures shall be adopted by the Commission. Article 11 This Regulation shall enter into force on 1 January 1996. It shall be applicable as from 1 July 1996. By way of derogation from the first subparagraph, 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. Done at . . . For the CouncilThe President(1) OJ No C 000, . . ., p. . . ., and amended  proposal forwarded on . . . (not yet published in the Official Journal). (2) Issued on 31 May 1995 (not yet published in the Official Journal). (3) Opinion of the European Parliament of 16 June 1995 (not yet published in the Official Journal),  Council common position of . . . (not yet published in the Official Journal) and decision of the  European Parliament of . . . (not yet published in the Official Journal). (4) OJ No C 379, 31. 12. 1994, p. 8. (1) OJ No L 319, 12. 12. 1994, p. 20. (2) OJ No L 364, 12. 12. 1992, p. 7. (1) Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels  bound for a leaving Community ports and carrying dangerous or polluting goods (OJ No L 247, 5. 10.  1993, p. 19). ANNEX INTERNATIONAL MANAGEMENT CODE FOR THE SAFE OPERATION OF SHIPS AND FOR POLLUTION  PREVENTION (INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE) Safety and pollution prevention management  requirementsCONTENTSPreamble1. General1.1. Definitions1.2. Objectives1.3. Application1.4.  Functional requirements for a safety management system (SMS)2. Safety and environmental protection  policy3. Company responsibilities and authority4. Designated person(s)5. Master's responsibility  and authority6. Resources and personnel7. Development of plans for shipboard operations8.  Emergency preparedness9. Reports and analysis of non-conformities, accidents and hazardous  occurrences10. Maintenance of the ship and equipment11. Documentation12. Company verification,  review and evaluation13. Certification, verification and controlPREAMBLE1. The purpose of this  Code is to provide an international standard for the safe management and operation of ships and for  pollution prevention. 2. The Assembly adopted resolution A.443(XI) by which it invited all governments to take the  necessary steps to safeguard the shipmaster in the proper discharge of his responsibilities with  regard to maritime safety and the protection of the marine environment. 3. The Assembly also adopted Resolution A.680(17) by which it further recognized the need for  appropriate organization of management to enable it to respond to the need of those on board ships  to achieve and maintain high standards of safety and environmental protection. 4. Recognizing that no two shipping companies or shipowners are the same, and that ships operate  under a wide range of different conditions, the Code is based on general principles and  objectives. 5. The Code is expressed in broad terms so that it can have widespread application. Clearly,  different levels of management, whether shore-based or at sea, will require varying levels of  knowledge and awareness of the items outlined. 6. The cornerstone of good safety management is commitment from the top. In matters of safety and  pollution prevention it is the commitment, competence, attitudes and motivation of individuals at  all levels that determines the end result. 1. GENERAL1.1. Definitions1.1.1. 'International Safety Management (ISM) Code' means the  International Management Code for the Safe Operation of Ships and for Pollution Prevention as  adopted by the Assembly, as may be amended by the organization. 1.1.2. 'company' means the owner of the ship or any other organization or person such as the  manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship  from the shipowner and who on assuming such responsibility has agreed to take over all the duties  and responsibility imposed by the Code. 1.1.3. 'administration' means the government of the State whose flag the ship is entitled to fly. 1.2. Objectives1.2.1. The objectives of the Code are to ensure safety at sea, prevention of human  injury or loss of life, and avoidance of damage to the environment, in particular, to the marine  environment, and to property. 1.2.2. Safety management objectives of the company should, inter alia: 1. provide for safe practices in ship operation and a safe working environment; 2. establish safeguards against all identified risks; and3. continuously improve safety management  skills of personnel ashore and aboard ships, including preparing for emergencies related both to  safety and environmental protection. 1.2.3. The safety management system should ensure: 1. compliance with mandatory rules and regulations; and2. that applicable codes, guidelines and  standards recommended by the organization, administrations, classification societies and maritime  industry organizations are taken into account. 1.3. ApplicationThe requirements of this Code may be applied to all ships. 1.4. Functional requirements for a safety management system (SMS)Every company should develop,  implement and maintain a safety management system (SMS) which included the following functional  requirements: 1. a safety and environmental protection policy; 2. instructions and procedures to ensure safe operation of ships and protection of the environment  in compliance with relevant international and flag State legislation; 3. defined levels of authority and lines of communication between, and amongst, shore and shipboard  personnel; 4. procedures for reporting accidents and non-conformities with the provisions of this Code; 5. procedures to prepare for and respond to emergency situations; and6. procedures for internal  audits and management reviews. 2. SAFETY AND ENVIRONMENTAL PROTECTION POLICY2.1. The company should establish a safety and  environmental protection policy which describes how the objectives, given in paragraph 1.2, will be  achieved. 2.2. The company should ensure that the policy is implemented and maintained at all levels of the  organization both ship based as well as shore based. 3. COMPANY RESPONSIBILITIES AND AUTHORITY3.1. If the entity who is responsible for the operation  of the ship is other than the owner, the owner must report the full name and details of such entity  to the administration. 3.2. The company should define and document the responsibility, authority and interrelation of all  personnel who manage, perform and verify work relating to and affecting safety and pollution  prevention. 3.3. The company is responsible for ensuring that adequate resources and shore-based support are  provided to enable the designated person or persons to carry out their functions. 4. DESIGNATED PERSON(S)To ensure the safe operation of each ship and to provide a link between the  company and those on board, every company, as appropriate, should designate a person or persons  ashore having direct access to the highest level of management. The responsibility and authority of  the designated person or persons should include monitoring the safety and pollution prevention  aspects of the operation of each ship and ensuring that adequate resources and shore-based support  are applied, as required. 5. MASTER'S RESPONSIBILITY AND AUTHORITY5.1. The company should clearly define and document the  master's responsibility with regard to: 1. implementing the safety and environmental protection policy of the company; 2. motivating the crew in the observation of that policy; 3. issuing appropriate orders and instructions in a clear and simple manner; 4. verifying that specified requirements are observed; and5. reviewing the SMS and reporting its  deficiencies to the shore-based management. 5.2. The company should ensure that the SMS operating on board the ship contains a clear statement  emphasizing the masters's authority. The company should establish in the SMS that the master has  the overriding authority and the responsibility to make decisions with respect to safety and  pollution prevention and to request the company's assistance as may be necessary. 6. RESOURCES AND PERSONNEL6.1. The company should ensure that the master is: 1. properly qualified for command; 2. fully conversant with the company's SMS; and3. given the necessary support so that the master's  duties can be safely performed. 6.2. The company should ensure that each ship is manned with qualified, certificated and medically  fit seafarers in accordance with national and international requirements. 6.3. The company should establish procedures to ensure that new personnel and personnel transferred  to new assignments related to safety and protection of the environment are given proper  familiarization with their duties. Instructions which are essential to be provided prior to sailing  should be identified, documented and given. 6.4. The company should ensure that all personnel involved in the company's SMS have an adequate  understanding of relevant rules, regulations, codes and guidelines. 6.5. The company should establish and maintain procedures for identifying any training which may be  required in support of the SMS and ensure that such training is provided for all personnel  concerned. 6.6. The company should establish procedures by which the ship's personnel receive relevant  information on the SMS in a working language or languages understood by them. 6.7. The company should ensure that the ship's personnel are able to communicate effectively in the  execution of their duties related to the SMS. 7. DEVELOPMENT OF PLANS FOR SHIPBOARD OPERATIONSThe company should establish procedures for the  preparation of plans and instructions for key shipboard operations concerning the safety of the  ship and the prevention of pollution. The various task involved should be defined and assigned to  qualified personnel. 8. EMERGENCY PREPAREDNESS8.1. The company should establish procedures to identify, describe and  respond to potential emergency shipboard situations. 8.2. The company should establish programmes for drills and exercises to prepare for emergency  actions. 8.3. The SMS should provide for measures ensuring that the company's organization can respond at  any time to hazards, accidents and emergency situations involving its ships. 9. REPORTS AND ANALYSIS OF NON-CONFORMITIES, ACCIDENTS AND HAZARDOUS OCCURRENCES9.1. The SMS  should include procedures ensuring that non-conformities, accidents and hazardous situations are  reported to the company, investigated and analysed with the objective of improving safety and  pollution prevention. 9.2. The company should establish procedures for the implementation of corrective action. 10. MAINTENANCE OF THE SHIP AND EQUIPMENT10.1. The company should establish procedures to ensure  that the ship is maintained in conformity with the provisions of the relevant rules and regulations  and with any additional requirements which may be established by the company. 10.2. In meeting these requirements the company should ensure that: 1. inspections are held at appropriate intervals; 2. any non-conformity is reported with its possible cause, if known; 3. appropriate corrective action is taken; and4. records of these activities are maintained. 10.3. The company should establish procedures in SMS to identify equipment and technical systems  the sudden operational failure of which may result in hazardous situations. The SMS should provide  for specific measures aimed at promoting the reliability of such equipment or systems. These  measures should include the regular testing of stand-by arrangements and equipment or technical  systems that are not in continuous use. 10.4. The inspections mentioned in 10.2 as well as the measures referred to in 10.3 should be  integrated in the ship's operational maintenance/routine. 11. DOCUMENTATION11.1. The company should establish and maintain procedures to control all  documents and data which are relevant to the SMS. 11.2. The company should ensure that: 1. valid documents are available at all relevant locations; 2. changes to documents are reviewed and approved by authorized personnel; and3. obsolete  documents are promptly removed. 11.3. The documents used to describe and implement the SMS may be referred to as the 'safety  management manual'. Documentation should be kept in a form that the company considers most  effective. Each ship should carry on board all documentation relevant to that ship. 12. COMPANY VERIFICATION, REVIEW AND EVALUATION12.1. The company should carry out internal safety  audits to verify whether safety and pollution prevention activities comply with the SMS. 12.2. The company should periodically evaluate the efficiency and when needed review the SMS in  accordance with procedures established by the company. 12.3. The audits and possible corrective actions should be carried out in accordance with  documented procedures. 12.4. Personnel carrying out audits should be independent of the areas being audited unless this is  impracticable due to the size and the nature of the company. 12.5. The results of the audits and reviews should be brought to the attention of all personnel  having responsibility in the area involved. 12.6. The management personnel responsible for the area involved should take timely corrective  action on deficiencies found. 13. CERTIFICATION, VERIFICATION AND CONTROL13.1. The ship should be operated by a company which is  issued a document of compliance relevant to that ship. 13.2. A document of compliance should be issued for every company complying with the requirements  of the ISM Code by the administration, by an organization recognized by the administration or by  the governments of the country, acting on behalf of the administration in which the company has  chosen to conduct its business. This document should be accepted as evidence that the company is  capable of complying with the requirements of the Code. 13.3. A copy of such a document should be placed on board in order that the master, if so asked,  may produce it for the verification of the administration or organizations recognized by it. 13.4. A certificate, called a Safety Management Certificate, should be issued to a ship by the  administration or organization recognized by the administration. The administration should, when  issuing the certificate, verify that the company and its shipboard management operate in accordance  with the approved SMS. 13.5. The administration or an organization recognized by the administration should periodically  verify the proper functioning of the ship's SMS as approved.