Amended proposal for a COUNCIL DIRECTIVE on safety rules and standards for passenger ships
Date: 1996-11-05
Institutions: European Commission
Subjects: carriage of passengers, maritime safety, safety standard, technical regulations, vessel

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 
speed  passenger  craft,  when 
high 
engaged  on  domestic  voyages,  which 
comply  with  the  requirements  of  this 
Directive. 

in 

Each  Member  State,  acting 
its 
capacity  as  host  State,  shall  recognise 
the High  Speed Craft  Safety  Certificate 
issued  by 
to  Operate, 
and  Permit 
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. 

in 

Each  Member  State,  acting 
its 
capacity  as  host  State,  shall  recognise 
the High Speed Craft  Safety  Certificate 
issued  by 
to  Operate, 
and  Permit 
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 
local 
operational conditions related to the 
sea  areas  in  which  ships  of  such 
classes may operate. 

specific 

the 

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 
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. 

specific 

the 

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 
initiate 
proceedings  in  order  to  take  a 
decision  in  accordance  with  the 
procedure  laid  down  in  Article  9 
paragraph 2. 

shall 

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 
initiate 
proceedings  in  order  to  take  a 
decision  in  accordance  with  the 
procedure laid down  in Article 9. 

shall 

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 
the 
declaration  shall  be 
Administration  of the flag  State after  an 
initial  survey,  as  described  in  Article 
10,  paragraphs  l.a)  and  2.a),  has  been 
carried  out. 

issued  by 

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 
the  new  period  of  validity  of 
declaration  starts  from  the  expiry  date 
of  the  existing  declaration  before  its 
extension. 

of 

declaration 

Renewal 
of 
the 
compliance,  shall  be  issued  after  a 
renewal  survey,  as described  in  Article 
10, paragraphs  l.b) and  § 2.b), has been 
carried  out. 

issued 

The  Passenger  Ship  Safety  Certificate 
for  a  period  not 
shall  be 
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  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 

in  accordance  with 

4.  Exemptions  granted  to  a  ship  or  craft 
the 
under  and 
provisions  of  article  7,  paragraph  3, 
shall  be  noted  on  the  declaration  of 
compliance. 

in  accordance  with 

4.  Exemptions  granted  to  a  ship  or  craft 
the 
under  and 
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 

1  Intact  stability 

(Resolution  A.167  as  amended 
A.206  and  resolution  A.749) 

by 

(Resolution  A.167  as  amended 
A.206  and  resolution  A.749) 

by 

NEW  CLASS  A,  B, C  and  D  SHIPS 

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 
resolution 
A.749(18). 

its  Assembly 

through 

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 
resolution 
A.749(18). 

its  Assembly 

through 

Annex  I,  Chapter  II-l,  PART  B, Regulation  11, paragraphs  2  and  4 

11  Assigning, marking and recording of 

11  Assigning, marking and recording  of 

subdivision  load  lines  (R  13) 

subdivision  load  lines  (R  13) 

is  only  one 

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 
subdivision 
loadline. 
than  one 
If 
subdivision load line, the alternative 
conditions shall be identified  by the 
notations  C.2,  C.3,  C.4  etc. 

there  are  more 

identified  by 

The subdivision  load  lines assigned 
and marked shall be recorded in the 
Passenger  Ship  Safety  Certificate, 
and  shall  be 
the 
notation  C.l  if  there  is  only  one 
subdivision  loadline. 
than  one 
If 
subdivision load line, the alternative 
conditions shall be identified  by the 
notations  C.2,  C.3,  C.4  etc. 

there  are  more 

.4  The  freeboard  corresponding 

to 
each approved subdivision  load line 
and  the  conditions  of  service  for 
which 
is  approved,  shall  be 
clearly  indicated  on the  Document 
of  Compliance. 

it 

.4  The  freeboard  corresponding 

to 
each approved  subdivision load line 
and  the  conditions  of  service  for 
which 
is  approved,  shall  be 
clearly  indicated  on  the  Passenger 
Ship  Safety  Certificate. 

it 

Annex  I,  Chapter  II-2, PART  B,  Regulation  16 

16  Upgrading  of  existing  CLASS  B 
36 
carrying  more 

than 

ships 
passengers  (R  41-1) 

16  Upgrading  of  existing  CLASS  B 
36 
carrying  more 

than 

ships 
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  : 

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 : 

.1  not  later  than  1 October  2000: 

ANNEX  II 

(title page  of  annex  II)  : 

FORM  OF 
DECLARATION  OF  COMPLIANCE 

(title  of  certificate)  : 

DECLARATION  OF  COMPLIANCE 

(reverse  of  certificate)  : 

FORM  OF 
PASSENGER  SHIP  SAFETY 
CERTIFICATE 

PASSENGER  SHIP  SAFETY 
CERTIFICATE 

The  undersigned  declares  that  he  is  duly 
authorized  by  the  said  Member  State  to 
issue  this  declaration  of  compliance. 

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 

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Catalogue number  : CB-CO-96-544-EN-C 

ISBN 92-78-10686-0 

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