Re-examined proposal for a Council Directive on safety rules and standards for passenger ships
Date: 1997-12-19
Institutions: European Commission
Subjects: carriage of passengers, maritime safety, maritime transport, safety standard, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  19.12.1997 
COM(97) 716  final 

97/0041 (SYN) 

Re-examined proposal for a 

COUNCIL DIRECTIVE 

on safety rules and standards for passenger ships 

(presented by the Commission pursuant to Article  189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 

During  its  5  -  6  November  1997  Plenary  Session,  the  European  Parliament  adopted  7 
amendments to the Council's common position of  17 June  1997 on the proposal  for  a Council 
Directive on safety  rules and standards  for  passenger  ships. The amendments  of the  European 
Parliament are attached to this memorandum. 

Pursuant to Article  189 c, section (d) of the EC Treaty, the Commission has re-examined its 
proposal and decided to accept amendments Nos.  1, 2, 3,4, 6 and 7 , but not amendment No. 
5, for the following reasons : 

•  Amendment n° 1 related to article 1  of the common position : 

This amendment, requesting to include protection of the environment as one of the objectives 
of  the  Directive,  can  be  accepted  since  protection  of  the  environment  is  now  explicitly 
referred  to  in  article  7.5  of  the  common  position,  where  danger  to  the  environment  is 
explicitly mentioned as one of the conditions for which safeguard measures may be taken. 

Amendment n° 2 related to article 2, paragraph (f) of the common position : 

This amendment envisages to solve the problem of passenger ships of small size constructed 
in light-weight materials and sailing at conventional  speed in sea areas of class B, C and D. 
After  examination  it  appeared  that,  due  to  the  combination  of  these  design  factors,  these 
ships might be unintentionally  be categorised  as high speed passenger craft  when  applying 
the  formula  of  Regulation  1 of  Chapter  X  of  the  1974  SOLAS  Convention.  Article  3, 
paragraph  2 (a) of the common  position  provides  that  ships  constructed  in  materials  other 
than steel or equivalent and not being high speed craft  shall not be covered by the Directive. 
This is made unequivocally clear for this particular category of ships by this amendment. 

Amendment n° 3 related to article 6, paragraph (4)(a) of the common position : 

This amendment  ensures that  for  high  speed  passenger  craft  engaged  on domestic  voyages 
the same set of regulations can be applied as provided for in Chapter X of the  1974 SOLAS 
Convention  for  high  speed  passenger  craft  engaged  on  international  voyages.  This 
amendment  strengthens die main objective  of the provisions on high  speed  passenger  craft 
included in the common position, as it ensures that the same safety  standards will apply  for 
all  high  speed  craft  operating  in  EU  waters,  irrespective  of  whether  they  are  engaged  on 
domestic or on international voyages. 

Amendment n° 4 related to article 7, paragraph (4)(b) of the common position : 

This  amendment  changes  the  wording  "the  Member  State  may  be  required"  into  "the 
Member  State  shall  be  required",  in  conformity  with  the  wording  of  article  7.5  of  the 
common position and ensures in this way a better coherence between the various provisions 
in the common position dealing with the Committee procedure. 

Amendment n° 5 related to article 9 of the common position : 

The regulator}' Committee foreseen  in the common position  is the same type of Committee 
established In all other Community legislation on maritime safety and is the most appropriate 
because the Directive allows for adaptation of its provisions to take account of developments 
in international fom such as the International Maritime Organisation. 

Amendment  n° 6 related to article  10, paragraph  (3) and amendment  n° 7 related  to  article 
11, paragraph (3) of the common position: 

These  amendments  ensure  that  the  distinction  made  in  the  common  position  between  the 
safety  requirements for high speed craft  built before  1  January  1996 and those built after  that 
date, is also reflected  in the procedures on survey and certification, providing in that way  full 
coherence with the provisions of article 6 (4) of the common position. 

Annex  1 : 

Re-examined proposal 

Annex 2 : 

Amendment  adopted  by  the  European  Parliament  and  not  accepted  by  the 
Commission. 

Annex 1 

Re-examined proposal for a 
Council Directive 
on safety rules and standards for passenger ships 

—Common position-

—Re-examined proposal— 

Article 1 

this  Directive 

The  purpose  of 
is  to 
introduce  a uniform  level  of  safety  of  life 
and  property  on  new  and  existing 
passenger  ships  and  high  speed  passenger 
craft,  when  both  categories  of  ships  and 
craft  are  engaged  on  domestic  voyages, 
and to lay down procedures for negotiation 
at  international  level  with  a  view  to  a 
harmonization  of  the  rules  for  passenger 
ships engaged on international voyages. 

is 

and 

this  Directive 

The  purpose  of 
to 
introduce  a uniform  level  of  safety  of  life 
and  property  and  of  protection  of  the 
environment 
existing 
on  new 
passenger  ships  and  high  speed  passenger 
craft,  when  both  categories  of  ships  and 
craft  are  engaged  on  domestic  voyages, 
and to lay down procedures for negotiation 
at  international  level  with  a  view  to  a 
harmonization  of  the  rules  for  passenger 
ships engaged on international voyages. 

Article 2, paragraph (f) 

(i)  "a  high  speed  passenger  craft"  means 
a  high  speed  craft  as  defined 
in 
Regulation  1  of Chapter X of the 1974 
SOLAS  Convention,  as  amended  at 
the  date of adoption  of this  Directive, 
which  carries  more 
twelve 
passengers; 

than 

(f)  "a high  speed  passenger  craft"  means 
a  high  speed  craft  as  defined 
in 
Regulation  1  of Chapter X of the  1974 
SOLAS  Convention,  as  amended  at 
the date of adoption  of  this  Directive, 
which  carries  more 
twelve 
passengers; 
passenger  ships  engaged  on  domestic 
voyages in sea areas of class B. C or D 
shall  not  be  considered  as  high  speed 
craft when : 
- 

than 

their  displacement  corresponding  to 
the design waterline is less than  500 
n r. and 
their  maximum  speed,  as defined  in 
paragraph  1.4.30 of  the  High  Speed 
Craft Code, is less than 20 knots. 

- 

Article 6, paragraph  4 (a) 

4.  With regard  to high speed passenger  craft: 

4.  With regard to high  speed passenger  craft: 

(a)  high  speed  passenger  craft  constructed 
or  subjected  to  repairs,  alterations  or 
modifications  of  a major  character,  on 
or  after  1 January  1996,  shall  comply 
with the requirements  laid  down  in the 
High  Speed  Craft  Code, unless: 

(a)  high  speed  passenger  craft  constructed 
or  subjected  to  repairs,  alterations  or 
modifications  of  a major  character,  on 
or  after  1 January  1996,  shall  comply 
with  the  requirements  of  Regulation 
X/3  of  the  1974  SOLAS  Convention. 
unless: 

Article  7, paragraph  4 (b) 

4.  A  Member  State  which  avails  itself  of  the 
provisions  of  paragraphs  1,  2  or  3  shall 
proceed  as  follows: 

A  Member  State  which  avails  itself  of  the 
provisions  of  paragraphs  1,  2  or  3  shall 
proceed as  follows: 

is  decided, 

(b)  if,  within  a  period  of  6  months  from 
in 
it 
the  notification, 
accordance  with  the  procedure  laid 
down  in  Article  9,  that  the  proposed 
measures  are  not  justified,  the  said 
Member  State  may  be  required 
to 
amend  or  not  to  adopt  the  proposed 
measures; 

it 

is  decided, 

(b)  if,  within  a  period  of  6  months  from 
in 
the  notification, 
accordance  with  the  procedure 
laid 
down  in  Article  9,  that  the  proposed 
measures  are  not  justified,  the  said 
Member  State  shall  be  required 
to 
amend  or  not  to  adopt  the  proposed 
measures; 

Article  10, paragraph  (3) 

Each  high  speed  passenger  craft  shall 
be  subject  by  the  Administration  of  the 
flag  State to the  surveys  required  in  the 
High  Speed Craft  Code. 

speed  passenger 

Each  high 
craft 
having  to  comply,  in  accordance  with 
the  provisions  of  article  6.4.  with  the 
requirements  of  the  HSC  Code,  shall 
be subject  by the Administration  of  the 
Flag  State  to  the  surveys  required  in 
the High Speed Craft  Code. 
High  speed  passenger  craft,  having  to 
comply, 
the 
accordance  with 
the 
provisions  of  article  6.4.  with 
requirements  of  the  DSC  Code  as 
amended,  shall  be  subject  by 
the 
Administration  of  the  Hag  State  to  the 
surveys required  in the DSC  Code. 

in 

Article 11, paragraph 3 

For  high  speed  passenger  craft  complying 
with  the  requirements  of  the  High  Speed 
Craft  Code,  a  High  Speed  Craft  Safety 
Certificate  and  a  Permit  to  Operate  High 
the 
Speed  Craft  shall  be 
in 
the 
Administration  of 
accordance with the provisions of the High 
Speed Craft  Code. 

issued  by 
flag  State, 

Before  issuing  the  Permit  to  Operate  for 
high  speed  passenger  craft  engaged  on 
domestic  voyages  in  a  host  State,  the 
Administration  of  the  ilag  State  shall 
concur  with 
the  host  State  on  any 
operational  conditions  associated  with 
operation  of  the  craft  in  that  State.  Any 
such  conditions  shall  be  shown  by  the 
Administration  of  the  flag  State  on  the 
Permit to Operate. 

For  high  speed  passenger  craft  complying 
with  the  requirements  of  the  High  Speed 
Craft  Code,  a  High  Speed  Craft  Safety 
Certificate  and  a  Permit  to  Operate  High 
the 
Speed  Craft  shall  be 
in 
Administration  of 
accordance with the provisions of the High 
Speed Craft Code. 

issued  by 
the  Hag  State, 

For  high  speed  passenger  craft  complying 
with the requirements  of the DSC Code as 
amended,  a  DSC  Construction 
and 
Equipment  Certificate  and  a  DSC  Permit 
the 
to  operate  shall  be 
Administration  of 
in 
the 
accordance  with  the  provisions  of  the 
DSC-Code, 

issued  by 
flag  State, 

Before  issuing  the  Permit  to  Operate  for 
high  speed  passenger  craft  engaged  on 
domestic  voyages  in  a  host  State,  the 
Administration  of  the  flag  State  shall 
concur  with 
the  host  State  on  any 
operational  conditions  associated  with 
operation  of  the  craft  in  that  State.  Any 
such  conditions  shall  be  shown  by  the 
Administration  of  the  flag  State  on  the 
Permit to Operate. 

Annex  2 

Amendment adopted by European Parliament but not accepted by the Commission 

-Common position-

-Amendment adopted by European 
Parliament— 

Article 9 

Committee 

(Advisory Committee^ 

The  Commission  shall  be  assisted  by  the 
Committee established  by Article  12(1) of 
Directive  93/75/EC.  The Committee  shall 
operate  in  accordance  with  the  procedure 
laid-down  in paragraphs  2  and 3 of that 
Ankle.. 

L  The  Commission  shall  be  assisted  by  the 
Committee established by Article  12(1) of 
Directive 93/75/EC. 

2.  Where 

reference 

this 
paragraph,  the  following  procedure  shall 
apply ; 

is  made 

lQ 

a) The  representative  of  the  Commission 
shall  submit to the Committee  referred 
to  in  paragraph  1  a  draft  of  the 
measures to be taken: 

b) The  Committee 

shall  deliver 

ils 
opinion on the draft  within a time limit 
which  the  chairman  may  lay  down 
according to the urgency of the matter, 
if necessary by taking a vote; 

c^ The  opinion  shall  be  recorded  in  the 
minutes:  in  addition  each  Member 
State  has the  right  to  have  its  position 
recorded in the minutes: 

d) The Commission  shall  take the  utmost 
account of the opinion delivered by the 
Committee, 
the 
Committee  of the  manner  in which  its 
opinion has been taken into account. 

inform 

shall 

Il 

ISSN 0254-1475 

COM(97) 716  final 

DOCUMENTS 

EN 

07  15 

Catalogue number  : CB-CO-97-735-EN-C 

ISBN  92-78-29723-2 

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