Proposal for a Council Directive on conditions for the operation of regular ro-ro ferry and high speed passenger craft services in the Community
Date: 1998-02-18
Institutions: European Commission
Subjects: approximation of laws, carriage of passengers, ferryboat, high-speed transport, transport safety

C 108/122

EN

Official  Journal  of  the  European  Communities

7.4.98

Proposal  for  a  Council  Directive  on  conditions  for  the  operation  of  regular  Ro-Ro  Ferry  and
high  speed  passenger  craft  services  in  the  Community

(98/C 108/18)

(Text  with  EEA  relevance)

COM(98)  71  final  —  98/0064(SYN)

(submitted  by  the  Commission  on  18  February  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

a  common  minimum  level  of  safety  for  ships  throughout
the  Community;

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  84  (2)  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c  of  the  Treaty,

In  cooperation  with  the  European  Parliament,

Having regard to the opinion of the Economic and Social
Committee,

Whereas  within  the  framework  of  the  common  transport
policy  further  measures  must  be  taken  to  enhance  safety
in  the  maritime  transport  of  passengers;

is  seriously  concerned  by
Whereas  the  Community 
shipping  accidents  involving  ro-ro  ferries  which  have
resulted  in  a  massive  loss  of  lives;  whereas  persons  using
ro-ro  passenger  ships  and  high  speed  passenger  craft
throughout the Community have the right to expect, and
be  able  to  rely  on  an  appropriate  level  of  safety;

Whereas  the  Council  in  its  resolution  of  22  December
1994  on  the  safety  of  roll-on/roll-off  passenger  ferries (1)
invited  the  Commission  to  submit  proposals  for  a
mandatory  survey  regime  and  for  the  establishment  of  a
control  regime  for  the  safety  of  ro-ro  ferries;

Whereas  this  Directive  is  in  conformity  with  the  right  of
Member  States  to  impose  on  passenger  ships  and  craft
sailing  to  or  from  their  ports,  certain  more  stringent
requirements  than  those 
in  the  SOLAS
Convention;

laid  down 

Whereas  in  view,  in  particular,  of  the  internal  market
dimension  of  maritime  passenger  transport,  action  at
Community level is the most effective way of establishing

(1) OJ  C  379,  31.12.1994,  p.  8.

Whereas,  in  view  of  the  proportionality  principle,  a
Council Directive is the appropriate legal instrument as it
provides  a  framework  for  the  Member  States’  uniform
and  compulsory  application  of  safety  standards,  while
leaving  each  Member  State  the  right  to  decide  which
implementation  tools  best  fit  its  internal  system;

Whereas  the  safety  of  ships  is  the  primary  responsibility
of  flag  States;  whereas  Member  States  can  ensure
compliance  with  adequate  safety  requirements  by  ferries
and  high-speed  craft  flying  their  flag;  whereas  the  only
way to ensure safety of these vessels and craft irrespective
of their flag operating or wishing to operate on a regular
service  to  and  from  their  ports  is  for  the  Member  States
to require their effective compliance with safety rules as a
condition  to  operate  on  a  regular  service  from  their
ports;

their  capacity  of  host  States;  whereas 

Whereas  this  Directive  addresses  the  Member  States
in 
these
responsibilities  are  based  upon  specific  port  State
responsibilities fully in line with the 1982 United Nations
Convention  on  the  Law  of  the  Sea  (UNCLOS);

Whereas  action  at  Community  level  is  the  best  way  to
ensure  the  mandatory  enforcement  of  some  principles
agreed  upon  within  the  IMO,  while  avoiding  distortion
of  competition  between  different  Community  ports  and
ro-ro  ferries  and  high  speed  passenger  craft;

of 

the 

common 

competition 

Whereas  in  the  interest  of  improving  safety  and  avoiding
safety
distortion 
requirements should apply to ro-ro ferries and high speed
passenger  craft  providing  regular  services  and  engaged
both  on  international  and  domestic  voyages  in  sea  areas
where  its  without  doubt  practical  to  apply  the  Directive,
irrespective  of  the  flag  they  fly,  whilst  leaving  the
possibility  to  the  Member  States  to  extend  the  scope  of
application  to  ships  sailing  in  other  areas  if  practicable;

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Whereas  companies  should  know  in  advance  all  the
safety  related  conditions  they  have  to  fulfil  to  operate
their ro-ro ferries and high speed craft in the Community;
whereas companies operating ro-ro ferries and high speed
passenger 
the
in 
requirements  of  the  Directive  should  not  be  prevented
from  operating  on  a  regular  service  within 
the
Community  and  should  duly  be  informed  thereof;

compliance  with 

found 

craft 

Whereas  verification  of  compliance  of  ro-ro  ferries  and
high  speed  passenger  craft  with  the  requirements  is
necessary  through  specific  surveys  by  the  host  States  on
the  basis  of  harmonized  procedures  and  detailed
guidelines  and  should  be  carried  out  by  a  qualified  team
of  inspectors  prior  to  the  start  of  a  service  fulfilling  the
requirements of this Directive and subsequently at regular
intervals;

Whereas  this  Directive  does  not  interfere  with  the
obligations  and  the  right  of  a  Member  State  to  inspect
ships  or  craft  under  the  provisions  of  Article  5  of
Directive  95/21/EC  of  19  June  1995  concerning  the
enforcement,  in  respect  of  shipping  using  Community
ports  and  sailing  in  the  waters  under  jurisdiction  of  the
Member States, of international standards for ship safety,
pollution  prevention  and  shipboard  living  and  working
conditions  (port  State  control) (2);

Whereas  to  reduce  the  burden  upon  companies  for  the
verification of compliance of ships and craft due account
should  be  taken  of  their  operational  and  maintenance
schedule as well as of the confirmation of compliance for
operation  on  similar  routes;  whereas  ships  and  craft
which  have  been  surveyed  to  the  satisfaction  of  the  host
State  should  not  be  subjected  to  expanded  inspections
under  Directive  95/21/EC;

Whereas  Member  States  should  cooperate  to  exercise
their  responsibilities  as  host  States;

it 

to 

is  necessary 

Whereas 
identify  harmonized
requirements  for  survey  and  certification  by  the  flag
States;  whereas  Member  States  might  find  it  necessary  to
delegate  these  tasks  only  to  recognized  organizations
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  relevant  activities  of  marine  administrations (3);

Whereas all ro-ro ferries operating to and from EC ports
should  conform,  at  the  building  stage  and  during  their
entire  lifetime,  with  the  relevant  classification  standards
as  regards  their  hull  strength,  main  and  auxiliary
machinery and electrical and automatic plants and should
be fitted with a voyage data recorder complying with the
relevant  international  requirements;

Whereas  regional  stability  requirements  should  apply
without ambiguity to all ro-ro ferries sailing in the region
irrespective  of  their  flag  or  the  nature  of  their  voyage;

Whereas  it  is  the  responsibility  of  the  companies  as  a
condition  to  provide  a  regular  service  to  and  from  EC
ports  to  provide  the  evidence  of  compliance  with  the
requirements of the Directive and to ensure that Member
States  can  fully  participate  in  any  accident  investigation
according  to  the  provisions  of  the  IMO  code  for  the
investigation  of  marine  casualties;

(2) OJ  L  157,  7.7.1995,  p.  1.
(3) OJ  L  319,  12.12.1994,  p.  20.

Whereas  Member  States  should  ensure  that  their  internal
legal  system  enables  them  and  any  other  substantially
interested  Member  States  to  participate  or  cooperate  in
accident  investigation  on  the  basis  of  the  provisions  of
the  IMO  code  for  the  investigation  of  marine  casualties;
whereas  the  outcome  of  such  investigations  should  be
given  due  publicity,  bearing  in  mind  the  high  public
interest  which  accidents 
traffic
attract;

involving  passenger 

Whereas  a  set  of  accompanying  measures  to  be  taken  by
the Member States is suitable for a coherent and efficient
implementation  of  the  requirements  by  both  host  States
and  companies;

Whereas the Commission is bound to ensure an adequate
monitoring  of  the  implementation  of  this  Directive  and
that  all  information  related  to  a  ship  or  craft  falling
under  the  scope  of  this  Directive  should  be  accessible  to
all parties with a vested interest in the operation of these
ships  and  craft  through  a  transparent  data  base  which
will  be  set  up  by  the  Commission;

Whereas  it  is  necessary  to  ensure  that  all  States  involved
in  the  traffic  to  and  from  EC  ports  fulfil  the  same
requirements  for  the  safe  operation  of  ro-ro  ferries  and
high-speed  passenger  craft  and  for  the  investigation  of
marine  casualties;  whereas  these  requirements  are  not  in
conflict  with  UNCLOS;  whereas  third  countries  involved
in the operation of ro-ro ferries and high speed passenger
craft  falling  under  the  scope  of  this  Directive  should  be
informed  by  the  Member  States  of  the  conditions

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imposed  under  Community  legislation  to  companies  to
provide  regular  services  to  and  from  EC  ports;

(d)

Whereas  it  is  necessary  for  a  committee  consisting  of
representatives  of  the  Member  States  to  assist  the
Commission  in  the  effective  application  of  this  Directive;
whereas  the  Committee  set  up  in  Article  12  of  Council
Directive  93/75/EEC  of  13  september  1993  concerning
minimum  requirements  for  vessels  bound  for  or  leaving
Community  ports  and  carrying  dangerous  or  polluting
goods (4)  can  assume  that  function;

Whereas  certain  provisions  of  the  Directive  may  be
adopted  by  that  committee  to  take  into  account  future
amendments  to  the  SOLAS  Convention  which  have
to  ensure  a  harmonized
entered 
implementation  of 
IMO
resolutions,

amendments 

force  and 

some 

into 

to 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Purpose

The  purpose  of  this  Directive  is  to  lay  down  conditions
for  the  safe  operation  of  regular  ro-ro  ferry  and
high-speed passenger craft services to or from ports in the
Member  States  of  the  Community  and  to  provide  the
right  for  Member  States  to  conduct,  participate  in  or
cooperate with any investigation of maritime casualties or
incidents  on  these  services.

Article  2

Definitions

For  the  purpose  of  this  Directive  and  its  annexes,

(a)

(b)

(c)

‘ro-ro  ferry’  shall  mean  a  seagoing  passenger  vessel
with  facilities  to  enable  road  or  rail  vehicles  to  roll
on  and  roll  off  the  vessel,  and  carrying  more  than
twelve  passengers;

‘high-speed  passenger  craft’  shall  mean  a  high  speed
craft as defined in Regulation 1 of Chapter X of the
1974 SOLAS Convention, as amended on the date of
the  adoption  of  this  Directive,  which  carries  more
than  twelve  passengers;

SOLAS  Convention’ 

‘1974 
the
International  Convention  for  the  Safety  Of  Life  At
Sea,  together,  with  Protocols  and  amendments
thereto,  in  force  on  the  date  of  adoption  of  this
Directive;

shall  mean 

(4) OJ  L  247,  5.10.1993,  p.  19.

shall  mean 

the
‘High-Speed  Craft  Code’ 
‘International  Code  for  Safety  of  High-Speed  Craft’
contained 
in  IMO  Maritime  Safety  Committee
resolution  MSC  36  (63)  of  20  May  1994,  as
amended  on  the  date  of  the  adoption  of  this
Directive;

(e)

‘regular  service’  shall  mean  a  series  of  ro-ro  ferry  or
high-speed  passenger  craft  crossings  operated  so  as
to serve traffic between the same two or more ports,
either:

1. according  to  a  published  timetable;  or

2. with  crossings  so  regular  or  frequent  that  they

constitute  a  recognizable  systematic  series;

(f)

(g)

‘sea  area’  shall  mean  any  sea  area  as  established  in
accordance  with  Article  4.2  of  Council  Directive
for
98/. . ./EC  on  safety  rules  and  standards 
passenger  ships;

standards 

‘certificates’  shall  mean  for  ro-ro  ferries  a  passenger
ship  safety  certificate, 
issued  either  under  the
provisions  of  the  1974  SOLAS  Convention,  or  in
accordance  with  Directive  98/. . ./EC  on  safety  rules
and 
for
for  passenger 
high-speed  passenger  craft  a  high  speed  craft  safety
certificate,  and  a  permit  to  operate  high-speed  craft
issued  in  accordance  with  the  provisions  of  the
High-Speed  Craft  Code;  together  with  the  relevant
records  of 
equipment  and  where  applicable
Exemption  Certificates;

ships,  and 

(h)

‘exemption  certificate’  shall  mean  any  certificate
issued  under 
I
A/12(a)(vi)  of  the  1974  SOLAS  Convention;

the  provisions  of  Regulation 

(i)

(j)

(k)

(l)

‘administration  of  the  flag  State’  shall  mean  the
competent  authorities  of  the  State  whose  flag  the
ro-ro  ferry  or  the  high-speed  passenger  craft  is
entitled  to  fly;

‘host  State’  shall  mean  a  Member  State  to  or  from
whose  ports  a  ro-ro  ferry  or  a  high-speed  passenger
craft  is  engaged  on  a  regular  service;

‘international  voyage’  shall  mean  a  voyage  by  sea
from a port of a Member State to a port outside that
Member  State,  or  conversely;

‘domestic  voyage’  shall  mean  a  voyage  in  sea  areas
from  a  port  of  a  Member  State  to  the  same  or
another  port  within  that  Member  State;

(m) ‘recognized organization’ shall mean an organization
recognized  in  conformity  with  Article  4  of  Council
Directive  94/57/EC  on  common  rules  and  standards
for  ship  inspection  and  survey  organizations  and  for
the  relevant  activities  of  maritime  administrations;

(n)

‘company’  shall  mean  a  company  operating  one
or  more  ro-ro  ferries  to  which  a  document  of
compliance  has  been  issued  in  compliance  with

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Article  5.2  of  Council  Regulation  (EC)  No  3051/95
or  a  company  operating  high-speed  passenger  craft,
to  whom  a  document  of  compliance  has  been  issued
in  accordance  with  Regulation  IX/4  of  the  1974
SOLAS  Convention,  as  amended  on  the  date  of
adoption  of  this  Directive;

in
The  host  State  which,  after  verification 
2.
accordance  with  the  provisions  of  Article  7.1,  is  satisfied
that  the  requirements  of  paragraph  1  are  complied  with
shall confirm this in writing to the company and shall not
prevent,  for  reasons  arising  from  this  Directive,  the
company  from  operating  its  ship  or  craft  on  that  regular
service.

(o)

‘Code for the investigation of marine casualties’ shall
mean  the  code  for  the  investigation  of  marine
casualties and incidents adopted by the IMO through
Assembly  resolution  A.849(20)  of  27  November
1997;

3.
A  host  State  shall  prevent  a  company  from
operating a ro-ro ferry or a high-speed passenger craft on
a  regular  service  to  or  from  one  or  more  of  its  ports:

(p)

‘specific survey’ shall mean a survey by the host State
as  specified  in  Article  7;

— when  the  conditions  referred  to  in  Articles  5  and  6

are  not  fulfilled,  or

(q)

‘qualified 
inspector’  shall  mean  a  public-sector
employee  or  other  person,  duly  authorized  by  the
competent  authority  of  a  Member  State  to  carry  out
surveys and inspections related to the certificates and
fulfilling 
and
independence  specified  in  Annex  VI;

qualification 

criteria 

the 

of 

(r)

‘deficiency’  shall  mean  a  condition  found  not  to  be
in  compliance  with 
this
Directive.

the  requirements  of 

Article  3

Scope

1.
This  Directive  shall  apply  to  all  ro-ro  ferries  and
high-speed passenger craft operating to or from a port of
a  Member  State  on  a  regular  service,  regardless  of  their
flag,  when  engaged  on  international  voyages  or  on
domestic  voyages  in  sea  areas  of  Class  A.

A  Member  State  may,  as  far  as  practicable,  apply
2.
this  Directive  to  ro-ro  ferries  and  high-speed  craft
engaged  on  domestic  voyages  in  other  sea  areas  than
those  referred  to  in  paragraph  1.  In  those  circumstances
the  relevant  rules  shall  be  applied  to  all  ro-ro  ferries  or
high  speed  passenger  craft  operating  under  the  same
conditions,  without  discrimination  in  respect  of  flag,
nationality  or  place  of  establishment  of  the  company.

Article  4

Application

1.
Each  host  State  shall  ensure,  as  a  requirement  for
ro-ro  ferries  and  high-speed  passenger  craft  to  provide  a
regular  service  to  or  from  one  or  more  of  its  ports,  that
companies  which  operate  or  intend  to  operate  such  ship
or craft comply with the provisions of Article 6 and that
their  ships  or  craft  fulfil  the  requirements  of  Article  5.

— whenever  it  has  not  been  consulted  by  the  flag  State
on  the  suitability  of  exemptions  granted,  as  referred
to  in  Article  10.1,  or

— whenever  the  deficiencies  found  at  the  occasion  of
one of the specific surveys referred to in Article 7 are
not  rectified  to  its  satisfaction  in  accordance  with  the
provisions  of  Article  8.6,

— or  for  reasons  listed  in  Annex  II.

4. Whenever  they  have  decided  to  prevent  that
company  from  operating  a  ship  or  craft  in  accordance
with the provisions of paragraph 3 host States shall by a
reasoned  decision  inform  the  company  thereof  as  well  as
of  its  right  of  appeal.  An  appeal  shall  not  cause  the
decision  to  be  automatically  suspended.

5. Host  States  involved  in  the  same  regular  service
shall  liaise  with  each  other  when  applying  the  provisions
of  this  Article.

Article  5

Provisions  to  be  fulfilled  by  ro-ro  ferries  and
high-speed  passenger  craft

1.

Ro-ro  ferries  and  high  speed  passenger  craft  shall:

(a) carry  valid  certificates,  issued  by  the  administration
of  the  flag  State  or  by  a  recognized  organization
acting  on  its  behalf;

(b) be surveyed for the issue of certificates in accordance
with  the  relevant  procedures  and  guidelines  annexed
to  IMO  Assembly  resolution  A.746(18)  on  Survey
Guidelines  under  the  harmonized  system  of  survey
and certification, as they are at the time of adoption
of  this  Directive  or  with  procedures  designed  to
achieve  the  same  goal.

2. Ro-ro  ferries  and  high-speed  passenger  craft  shall:

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(a) comply with the standards specified for classification
by  the  rules  of  a  recognized  organization,  or  rules
accepted  as  equivalent  by  the  administration  of  the
flag  State  for  the  construction  and  maintenance  of
their  hull,  machinery  and  electrical  and  control
installation;

(b) be  fitted  with  a  voyage  data  recorder  (VDR)  for  the
purpose of providing information for the benefit of a
possible  casualty  investigation.  The  VDR  shall  meet
the  performance  standards  of 
IMO  Assembly
resolution  A.861(20)  of  27  November  1997  and
comply  with  the  testing  standards  laid  down  in  IEC
standard No 61996. However, for VDR to be placed
on  board  ro-ro  ferries  or  high-speed  passenger  craft
this  Directive,
built  before 
the  adoption  of 
exemptions 
the
requirements may be granted. These exemptions and
the conditions under which they can be granted shall
be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  12.

for  compliance  with  some  of 

3.
Ro-ro  ferries  shall  fulfil  the  specific  stability
requirements adopted at regional level and notified to the
Commission 
in  accordance  with  Council  Directive
83/189/EEC  together  with  the  common  interpretations
which  may  be  adopted  in  accordance  with  the  procedure
laid  down  in  Article  12,  when  operating  in  the  region
covered  by  such  regional  rules.

Article  6

Provisions  to  be  fulfilled  by  companies

1.
Companies  shall  take  the  necessary  measures  to
ensure  that  the  specific  requirements  laid  down  in
Annex 1 of this Directive are applied and shall provide in
in
the  procedures 
accordance  with 
Article  10.5,  the  evidence  of  compliance  with  this
paragraph  and  with  Article  5  to  the  host  States  involved
in  the  regular  service.

referred 

to 

fully 

in,  or 

2.
Companies  shall  not  prevent  host  States  or  any
substantially  interested  Member  State  from  conducting,
participating 
cooperating  with  any
investigation  of  a  marine  casualty  or  incident  as  defined
in the code for the investigation of marine casualties, nor
deny  them  access  to  the  information  retrieved  from  the
VDR of their ferry or craft involved in such a casualty or
incident.

Article  7

Verification  of  evidence  of  compliance

1.
Each  host  State  shall  verify  the  validity  of  the
evidence  provided  in  accordance  with  Article  5  and  6.1
and carry out an initial specific survey in accordance with
the guidelines laid down in Annex III, to satisfy itself that
the ro-ro ferry or high speed passenger craft fulfils all the
conditions to operate a regular service to or from one or
more  of  its  ports.

2.
The  verification  of  the  validity  of  the  evidence  of
compliance with Articles 5 and 6.1 and the initial specific
survey  referred  to  in  paragraph  1  shall  be  carried  out
either  prior  to  the  entry  into  operation  of  the  ship  or
craft  on  such  a  regular  service,  or  no  later  than  12
months  after  the  date  mentioned  in  Article  15.1,  if  the
ship or craft is already operating on regular services to or
from  ports  of  the  Member  States  on  that  date.

Whenever a ro-ro passenger ferry or high-speed passenger
craft  operating  on  a  regular  service  for  which  the
involved host States have confirmed to the company that
it  complies  with  the  requirements  to  operate  on  that
regular  service,  is  to  be  engaged  on  another  regular
service  involving  another  host  State,  this  host  State  shall
take  the  utmost  account  of  the  confirmations  previously
issued for that ship or craft. Provided that this other host
State  is  satisfied  with  these  previous  confirmations  and
that the operational conditions of the regular services are
the  same,  it  may  dispense  that  ship  or  craft  from  an
initial  specific  survey  prior  to  its  entry  into  operation  on
that  other  regular  service.

3. Host  States  shall  also  carry  out  a  specific  survey  in
accordance  with  the  guidelines  for  an  initial  specific
survey  as  laid  down  in  Annex  III  each  time  the  ro-ro
ferry  or  high-speed  passenger  craft  undergoes  repairs,
alterations  and  modifications  of  a  major  character,  or
when  there  is  a  change  in  management  or  flag,  or  a
transfer  of  class.

4.
In  addition  to  the  initial  surveys,  two  unscheduled
specific  surveys  shall  be  carried  out  in  accordance  with
the  guidelines  laid  down  in  Annex  III  during  the  period
of  validity  of  the  certificates.  At  least  one  of  these
unscheduled  surveys  shall  take  place  during  a  regular
crossing  of  the  ro-ro  ferry  or  high-speed  passenger  craft.

3.
Companies  shall  inform  the  host  States  that  for
ships  or  craft,  flying  a  flag  other  than  that  of  a  Member
State,  the  administration  of  that  flag  State  has  accepted
the  company’s  commitment  to  fulfil  the  requirements
imposed  by  the  host  States  as  a  condition  to  provide  a
regular  service  to  or  from  one  or  more  of  their  ports.

5.
Ro-ro  ferries  and  high-speed  passenger  craft  that
have  been  subject  to  the  specific  surveys  to  the
satisfaction  of  the  involved  host  State(s)  are  to  be
from  expanded
these  host  State(s) 
exempted  by 
inspections  as  mentioned  in  Article  7.4  of  Council
Directive 95/21/EC and from expanded inspections based
upon  the  clear  grounds  that  they  belong  to  the  category

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of  passenger  ships  as  mentioned  in  Annex  V.3  and
referred  to  in  article  7.1  of  Council  Directive  95/21/EC.

and  if  this  is  not  the  case,  they  shall  prevent  the  ferry  or
craft  from  operating  as  provided  under  Article  4.3.

Article  8

Procedures  related  to  specific  surveys

Article  9

Accident  investigation

Administrations  of 

1.
two  or  more  host  States
involved  in  a  specific  survey  of  the  same  ship  or  craft
shall cooperate with each other. The specific surveys shall
be  carried  out  by  a  team  composed  of  qualified
inspectors  of  the  involved  host  State(s).  For  a  specific
initial  survey  the  team  shall  also  include  a  surveyor  of  a
recognized  organization.  This  team  shall  assess  the
compliance  of  the  ro-ro  ferry  or  high-speed  passenger
craft  with  the  requirements  of  Articles  5  and  6.1  on  the
basis  of  their  professional  judgement  and  taking  into
account  the  guidelines  set  out  in  Annex  V.  They  shall
report  deficiencies  to  the  administrations  of  the  host
States.

2. Host  States,  when  required  by  companies,  shall
invite  the  administration  of  the  flag  State  which  is  not  a
host  State  to  be  represented  in  any  specific  survey  under
the  provisions  of  this  Directive.

3. Host States, in planning an initial survey, shall take
due account of the operational and maintenance schedule
of  the  ship  or  craft.

The  findings  of  the  specific  surveys  shall  be
4.
recorded  in  a  report  of  which  the  format  shall  be
established  in  accordance  with  the  procedure  laid  down
in  Article  12.

5.
In  case  of  persistent  disagreement  between  host
States  on  the  fulfilment  of  the  requirements  of  Articles  5
and 6.1, the Administration of any host State involved in
a  specific  initial  survey  shall  immediately  notify  to  the
Commission  the  reasons  of  the  disagreement.

Unless  the  Commission  is  informed  of  an  agreement
between  the  host  States  concerned  within  one  month  it
shall  initiate  proceedings  in  order  to  take  a  decision  in
accordance  with  the  procedure  laid  down  in  Article  12.

In  the  case  where  deficiencies  are  established  host
6.
States  shall  require  the  company  to  take  the  necessary
measures  for  their  prompt  rectification  or  within  a
well-definied and reasonable period of time if they do not
pose  an  immediate  danger  to  the  safety  of  the  ship  or
craft,  its  crew  and  passengers.  After  rectification  of  the
deficiencies the concerned host States shall verify that the
rectification has been carried out to their full satisfaction,

1.
Member  States  shall  define,  in  the  framework  of
their  respective  internal  legal  systems,  a  legal  status  that
will  enable  them  and  any  other  substantially  interested
Member  State  to  conduct,  to  participate  in,  or  to
incident
cooperate 
investigation  involving  any  ro-ro  ferry  and  high-speed
passenger  craft  engaged  on  a  regular  service  to  or  from
their ports for which they bear responsibilities under this
Directive.

in  any  maritime  casualty  or 

2. Member  States  conducting,  cooperating  with  or
participating  in  such  investigations  shall  ensure  that  the
investigation  is  concluded  in  the  most  efficient  way  and
within  the  shortest  possible  time  taking  into  account  the
code  for  the  investigation  of  marine  casualties.

Reports  resulting  from  such  an  investigation  shall

3.
be  made  public  and  notified  to  the  Commission.

Article  10

Accompanying measures

1. Member States issuing or recognizing an exemption
certificate  shall  work  together  with  the  involved  host
State  or  administration  of  the  flag  State  to  resolve  any
disagreement concerning the suitability of the exemptions
prior  to  the  initial  specific  survey.

2. Member States shall establish the appropriate shore
based  navigational 
and  other
guidance 
information schemes to assist ro-ro ferries and high-speed
passenger craft in the safe conduct of the regular service,
or  part  of  it,  for  which  they  bear  responsibility.

systems 

Ro-ro  ferries  and  high-speed  passenger  craft  which
3.
operate  on  a  regular  service  to  or  from  ports  of  the
Member  States  shall  be  provided  with  an  identification
number  in  accordance  with  the  IMO  ship  identification
number  scheme  adopted  by  IMO  resolution  A.600(15).

4.
Each  Member  State  shall  regularly  provide  the
Commission with updated data as listed in Annex IV for
all  ro-ro  ferries  and  high-speed  passenger  craft  which
operate  on  a  regular  service  to  or  from  its  ports.  If  two
or  more  host  States  are  involved  in  the  regular  service,
the  data  may  be  provided  by  one  of  these  host  States.

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shall  establish  and  maintain
5. Member  States 
appropriate  procedures  in  accordance  with  their  national
legislation for:

— an  expeditious  verification  of  the  evidence  and
in

initial  survey  mentioned 

organisation  of  the 
Article  7,

— preventing  companies  to  operate  ro-ro  ferries  and
high-speed  passenger  craft  on  regular  services  to  or
from  one  or  more  of  its  ports,  in  accordance  with
Article  4.3,

— the right of appeal for companies, in accordance with

the  provisions  of  Article  4.4.

shall  ensure 

implement  an 

that  companies
6. Member  States 
operating  ro-ro  ferries  or  high-speed  passenger  craft  on
regular  services  to  or  from  their  ports  are  able  to
maintain  and 
integrated  system  of
contingency  planning  for  shipboard  emergencies.  To  this
end  they  shall  make  use  of  the  framework  provided  by
IMO  Assembly  resolution  A.852(20)  on  guidelines  for  a
structure  of  an  integrated  system  of  contingency.  If  two
or more Member States are involved as host States in the
regular  service  they  shall  jointly  establish  a  plan  for  the
different  routes.

7. Member  States  shall  ensure  that  they  have  been
fully  involved  in  their  capacity  as  host  State  by  the
administration of the flag State, before the issuance of the
permit  to  operate  high-speed  craft,  in  accordance  with
the  provisions  of  paragraph  1.9.3  of  the  High  Speed
that  operational
Craft  Code.  They 
restrictions  required  by  local  situations,  necessary  to
protect  life,  natural  resources  and  coastal  activities  are
established or maintained and they shall take measures to
ensure  the  effective  enforcement  of  these  restrictions.

shall  ensure 

Article  11

Supporting  measures

either 

flag  State 

The  Member  States  shall  inform  third  countries
2.
which  bear 
responsibilities  or
responsibilities  similar  to  those  of  a  host  State  for  ro-ro
ferries  and  high-speed  passenger  craft  falling  under  the
scope of this Directive and operating between a port of a
Member  State  and  a  port  of  a  third  State  of  the
requirements  imposed  by  this  Directive  on  any  company
providing  a  regular  service  to  or  from  a  port  of  the
Community.

Article  12

Regulatory  Committee

The  Commission  shall  be  assisted  by  the  Committee  set
up  pursuant  to  Article  12  paragraph  1  of  Directive
93/75/EEC.  The  Committee  shall  operate  in  accordance
with  the  procedure  laid  down  in  paragraphs  2  and  3  of
that Article.

Article  13

Amendment  procedure

This  Directive  may  be  amended  in  accordance  with  the
procedure  laid  down  in  Article  12,  in  order  to  adapt  its
Annexes  to  take  into  account  relevant  amendments  of
Conventions  and  Community  instruments  mentioned  in
this  Directive,  the  coming  into  force  of  new  Community
instruments  as  well  as  any  IMO  resolution  recognized
important  for  the  establishment  or  improvement  of  the
regime  established  by  this  Directive.

Article  14

Penalties

Member States shall lay down the system of penalties for
breaching  the  national  provisions  adopted  pursuant  to
this  directive  and  shall  take  all  the  measures  necessary
to  ensure  that  those  penalties  are  applied.  The  penalties
thus  provided  for  shall  be  effective,  proportionate  and
dissuasive.

1.
The  Commission  shall  set  up  and  maintain  a  data
base  containing  all  the  data  provided  by  Member  States
in  accordance  with  the  provisions  of  Article  10.4.  The
data  shall  be  accessible  to  all  concerned  flag  State
administrations and host States. The company responsible
for  a  ro-ro  ferry  or  high-speed  passenger  craft  falling
under the scope of this Directive, as well as other parties
with  a  vested  interest  in  the  operation  of  the  ro-ro  ferry
or high-speed passenger craft shall also have access to the
data under the conditions to be determined in accordance
with  the  procedure  laid  down  in  Article  12.

Article  15

Implementation

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply with this Directive not later than 1 January 2000
and  forthwith  inform  the  Commission  thereof.

The  provisions  of  Article  5.2.b  shall  be  applied  no  later
than  [30]  months  after  the  publication  date  of  IEC

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standard No 61996 [or by 1 January 2002, whichever of
these  dates  comes  later].

2. When  Member  States  adopt  these  measures,  they
shall  contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such
reference  shall  be  laid  down  by  the  Member  States.

3.
The  Member  States  shall  immediately  notify  to  the
Commission  all  provisions  of  domestic  law  which  they
adopt  in  the  field  governed  by  this  Directive.  The
Commission  shall 
inform  the  other  Member  States
thereof.

Article  16

Entry  into  force

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

Article  17

Addressees

This Directive is addressed to the Member States and the
Commission.

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ANNEX  I

SPECIFIC  REQUIREMENTS  TO  BE  FULFILLED  BY  COMPANIES

(as  referred  to  in  Article  6.1)

Companies  shall  ensure  that  on  board  of  their  ro-ro  ferries  and  high-speed  passenger  craft:

— the  master  is  provided  with  appropriate  information  on  the  availability  of  shorebased  navigational
guidance systems and other information schemes to assist him in the safe conduct of the voyages, before
the  ship  or  craft  begins  to  sail,  and  that  he  participates  in  the  navigational  guidance  and  information
schemes  set  up  by  the  Member  States;

— the  relevant  provisions  of  paragraphs  2  to  6  of  MSC/Circular  699  —  revised  guidelines  for  passenger

safety  instructions  are  applied;

— a table with the shipboard working arrangements is posted in an easily accessible place, and contains at

least;

a)

the  schedule  of  service  at  sea  and  service  in  port;  and

b)

the  maximum  hours  of  work  or  the  minimum  hours  of  rest  required;

— the master is not constrained from taking any decision, which in his professional judgement is necessary

for  safe  navigation  and  operation,  in  particular  in  severe  weather  and  in  heavy  seas;

— the  master  keeps  a  record  of  navigational  activities  and  incidents  which  are  of  importance  to  safety  of

navigation;

— any  damage  to,  or  permanent  deflection  of  shell  doors  and  associated  hull  plating  that  may  affect  the
integrity  of  the  ferry  or  craft,  and  any  deficiencies  in  the  securing  arrangements  of  such  doors,  are
promptly reported to both the flag State administration and the host State and are promptly repaired to
their  satisfaction;

— an  up-to-date  voyage  plan  is  available  before  the  departure  of  the  ro-ro  ferry  or  high-speed  passenger
craft  on  its  voyage.  In  preparing  the  voyage  plan  the  guidelines  set  out  in  MSC  resolution  . . .  (70)  on
guidelines  on  voyage  planning  shall  be  taken  fully  into  account;

— general information about the services and assistance available to elderly and disabled persons on board
is  made  known  to  the  passengers  and  is  made  available  in  formats  suitable  for  people  with  impaired
sight.

ANNEX  II

ADDITIONAL  REASONS  FOR  PREVENTING  A  COMPANY  FROM  OPERATING  A  RO-RO  FERRY
AND  HIGH  SPEED  PASSENGER  CRAFT

(as  referred  to  in  Article  4.3)

Established  failure  to  comply  with  the  obligations  laid  down  in:

— Council  Directive  93/75/EEC,  as  amended,  or

— Council  Directive  94/58/EC,  as  amended,  or

— Council  Regulation  (EC)  3051/95,  as  amended.

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ANNEX  III

GUIDELINES  FOR  SPECIFIC  SURVEYS

(as  referred  to  in  Article  7)

1. The  initial  specific  survey  shall  ensure  that  statutory  requirements,  in  particular  those  for  loading,
stability,  fire  protection,  maximum  number  of  passengers,  life  saving  appliances  and  the  carriage  of
dangerous  goods  are  fulfilled  and  shall  for  that  purpose,  and  whenever  applicable  at  least  include:

— the  starting  of  the  emergency  generator,

— an  inspection  of  emergency  lighting,

— an  inspection  of  the  emergency  source  of  power  for  radio-installations,

— a  test  of  the  public  address  system,

— a  fire  drill,  including  a  demonstration  of  the  ability  to  use  firemen’s  outfits,

— the  operation  of  the  emergency  fire-pump  with  two  firehoses  connected  to  the  fire  main  line  in

operation,

— the  testing  of  the  remote  emergency  stop  controls  for  fuel  supply  to  boilers,  main  and  auxiliary

engines,  and  for  ventilation  fans,

— the  testing  of  remote  and  local  controls  for  the  closing  of  fire  dampers,

— the  testing  of  fire  detection  and  alarm  systems,

— the  testing  of  proper  closing  of  fire  doors,

— the  operation  of  bilge  pumps,

— the  closing  of  watertight  bulkhead  doors;  both  from  the  local  and  remote  control  positions,

— a  demonstration  that  shows  that  key  crew  members  are  acquainted  with  the  damage  control  plan,

— the  lowering  of  at  least  one  rescue  boat  and  one  lifeboat  to  the  water,  starting  and  testing  their
propulsion  and  steering  system,  and  recovering  them  from  the  water  into  their  stowed  position  on
board,

— the  checking  of  the  inventory  of  all  lifeboats  and  rescue  boats,

— the  testing  of  the  ship’s  or  craft’s  steering  gear  and  auxiliary  steering  gear.

The  initial  specific  surveys  shall  include  a  verification  that  the  construction  and  maintenance  of  the
ship’s  or  craft’s  hull,  machinery,  electrical  and  control  installation  comply  with  the  standards  specified
for  classification  by  the  rules  of  a  recognized  organization.  Any  subsequent  specific  survey  shall  verify
the  maintenance  of  this  condition.

2. Any  specific  survey  shall  whenever  appropriate  include  the  tests  mentioned  in  paragrah  1  and  shall

include  the  verification  of  the  planned  maintenance  system  on  board.

Any  specific  survey  shall  focus  on  the  familiarisation  of  crew  members  with,  and  their  effectiveness  in,
safety  procedures,  emergency  procedures,  maintenance,  safe  manning,  working  practices,  passenger
safety, bridge procedures and cargo and vehicle-related operations. Seafarers’ ability to understand and,
where  appropriate,  give  orders  and  instructions  and  report  back  in  the  common  working  language,  as
recorded  in  the  ship’s  logbook  shall  be  checked.  The  documented  evidence  that  crew  members  have
successfully  followed  a  special  training  shall  be  checked,  in  particular  with  regard  to:

— crowd  management  training;

— familiarisation training;

— safety training for personnel providing direct safety assistance to passengers in passenger spaces, and

in  particular  to  elderly  and  disabled  persons  in  an  emergency,  and;

— crisis  management  and  human  behaviour  training.

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The  specific  survey  shall  include  an  assessment  of  fatigue  and  an  assessment  as  to  whether  rostering
patterns are causing unreasonable fatigue particularly for watch-keeping personnel. For this purpose the
watch-keeping  schedules,  which  have  to  be  posted  shall  be  used  to  check  whether  the  minimum  rest
periods  are  respected.

3. When  checking  the  certificates  of  competence  of  the  crew  members,  certificates  issued  by  third  States
shall only be recognised when they comply with Article 9 paragraph 3 of Council Directive 94/58/EC as
amended  and  if  these  States  are  mentioned  on  the  IMO  white  list.

4. Annex  V  contains  a  list  of  guidelines  for  qualified  inspectors  when  carrying  out  specific  surveys.

ANNEX  IV

INFORMATION  TO  BE  COMMUNICATED  TO  THE  COMMISSION

(as  referred  to  in  Article  10.4)

Ship’s name

Flag

Ownership

Company

IMO  identification  number

Classification  symbols,  marks  and  notations  and  number  of  entry  in  the  society’s  register  book

Information  on  statutory  certificates  (dates,  validity,  exemptions)

Survey  reports  by  flag  State  and  classification  societies

Specific  survey  reports

Crew  qualification

Operational limitations

Reports  on  deficiencies  and  detentions  under  Council  Directive  95/21/EC

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ANNEX  V

GUIDELINES  FOR  QUALIFIED  INSPECTORS  WHEN  CARRYING  OUT  SPECIFIC  SURVEYS

(as  referred  to  in  Article  8.1)

1.

Passenger  information.

The means used to ensure that the passenger number for which the ship is certified is not exceeded.
That  the  system  for  registration  of  passenger  information  complies  with  the  regulations  and  is
effective.  How  the  information  on  the  total  number  of  passengers  is  passed  to  the  master  and,  if
appropriate,  how  passengers  doing  a  double  crossing  without  going  ashore  are  included  in  the  total
for  the  return  voyage.

2.

Loading  and  stability  information.

That, when applicable, reliable draught gauges are fitted and are in use. That measures are taken to
ensure  that  the  ship  is  not  overloaded  and  the  appropriate  sub-division  load  line  is  not  submerged.
That  the  loading  and  stability  assessment,  is  carried  out  as  required.  That  goods  vehicles  and  other
cargo  are  weighed  where  required  and  the  figures  passed  to  the  ship  for  use  in  the  loading  and
stability  assessment.  That  damage  control  plans  are  permanently  exhibited  and  that  booklets
containing  damage  control  information  are  provided  for  the  ship’s  officers.

3.

Security  for  sea.

The  procedure  to  ensure  that  the  ship  is  secured  for  sea  before  leaving  the  berth,  which  should
include a positive reporting procedure that all the shell watertight and weather-tight doors are closed.
That  all  the  vehicle  deck  doors  are  closed  before  the  ship  leaves  the  berth  or  remain  open  long
enough  only  to  enable  the  bow  visor  to  be  closed,  the  closing  arrangements  for  the  bow,  stern  and
side  doors,  and  the  provision  of  indicator  lights  and  TV  surveillance  to  show  their  status  on  the
navigating bridge. Any difficulties with the operation of the indicator lights, particularly the switches
at  the  doors,  should  be  ascertained  and  reported.

4.

Safety  announcements.

The  form  of  routine  safety  announcements  and  the  posting  of  instructions  and  guidance  on
emergency  procedures  in  the  appropriate  language(s).  That  the  routine  safety  announcement  takes
place  at  the  commencement  of  the  voyage  and  can  be  heard  in  all  public  spaces,  including  open
decks,  to  which  passengers  have  access.

5.

Log  book  entries.

An  examination  of  the  log  book  to  ensure  that  the  entries  are  being  made  regarding  the  closing  of
the bow, stern and other watertight and weather-tight doors, drills for sub-division watertight doors,
testing of steering gears, etc. Also that draughts, freeboard and stability are being recorded as well as
the  common  working  language  for  the  crew.

6.

Dangerous  goods.

That any cargo of dangerous or polluting goods is carried in accordance with the relevant regulations
and, in particular: that a declaration concerning dangerous and polluting goods is provided together
with a manifest or stowage plan to show their location on board, that the carriage of the particular
cargo  is  permitted  on  passenger  ships,  and  that  the  dangerous  and  polluting  goods  are  properly
marked,  labelled,  stowed,  secured  and  segregated.

That  vehicles  carrying  dangerous  and  polluting  goods  are  properly  placarded  and  secured.  That,
when dangerous and polluting goods are carried, a copy of the relevant manifest or stowage plan is
available  ashore.  That  the  master  is  aware  of  the  notification  requirements  under  Directive
93/75/EEC, as amended, and of the instructions on the emergency procedures to be followed and the
rendering of first aid should there be an incident involving the dangerous goods or marine pollutants.
That the means of ventilating the vehicle decks is in use at all times, is increased when the engines of
the  vehicles  are  running  and  that  there  is  some  form  of  indication  on  the  bridge  to  show  that  the
vehicle  deck  ventilation  is  in  operation.

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7.

Securing  freight  vehicles.

How  freight  vehicles  are  secured,  for  example,  whether  block  stow  or  individual  lashings.  Whether
sufficient  strong  points  are  available.  The  arrangements  for  securing  freight  vehicles  when  adverse
weather  is  experienced  or  expected.  The  method  of  securing  coaches  and  motor  cycles,  if  any.  That
the  ship  has  a  Cargo  Securing  Manual.

8.

Vehicle decks.

Whether special category and ro-ro cargo spaces are being continuously patrolled or monitored by a
TV  surveillance  system  so  that  the  movement  of  vehicles  in  adverse  weather  and  the  unauthorised
entry of passengers may be observed. That fire doors and entrances are kept shut and that notices are
posted  to  keep  passengers  off  the  vehicle  decks  whilst  the  ship  is  at  sea.

9.

Closure  of  watertight  doors.

That the policy laid down in the ship’s Operational Instructions for the sub-division watertight doors
is  being  followed.  That  the  required  drills  are  being  carried  out.  That  the  bridge  control  for  the
watertight  doors  is  kept,  when  possible,  on  ‘local’  control.  That  the  doors  are  being  kept  closed  in
restricted  visibility  and  any  hazardous  situation.  That  crews  are  instructed  in  the  correct  way  to
operate  the  doors  and  are  aware  of  the  dangers  of  their  misuse.

10.

Fire  patrols.

It should be confirmed that an efficient patrol is being maintained so that any outbreak of fire may
be  readily  detected.  This  should  include  special  category  spaces  where  a  fixed  fire  detection  and
alarm  system  is  not  fitted  noting  that  these  spaces  may  be  patrolled  as  indicated  in  paragraph  8.

11(a). Communications  in  an  emergency.

That there are sufficient crew members in accordance with the Muster List to assist passengers in an
emergency  and  that  they  are  readily  identifiable  and  able  to  communicate  with  the  passengers  in  an
emergency,  taking  into  account  an  appropriate  and  adequate  combination  of  any  of  the  following
factors:

(a)

(b)

(c)

(d)

(e)

the  language  or  languages  appropriate  to  the  principal  nationalities  of  passengers  carried  on  a
particular  route;

the  likelihood  that  an  ability  to  use  elementary  English  vocabulary  for  basic  instructions  can
provide  a  means  of  communicating  with  a  passenger  in  need  of  assistance  whether  or  not  the
passenger  and  crew  member  share  a  common  language;

the  possible  need  to  communicate  during  an  emergency  by  some  other  means  (e.g.  by
demonstration, hand signals, or calling attention to the location of instructions, muster stations,
life-saving  devices  or  evacuation  routes  when  verbal  communication  is  impractical);

the extent to which complete safety instructions have been provided to passengers in their native
language or languages;

the  languages  in  which  emergency  announcements  may  be  broadcast  during  an  emergency  or
drill  to  convey  critical  guidance  to  passengers  and  to  facilitate  crew  members  in  assisting
passengers.

11(b). Common  working  language  between  crew  members.

Verify  that  a  working  language  is  established  to  ensure  effective  crew  performance  in  safety  matters
and  that  this  working  language  is  recorded  in  the  ship’s  logbook.

12.

Safety  equipment.

That the life-saving and fire appliances, including the fire doors and other items of the structural fire
protection  that  may  be  readily  inspected,  are  being  maintained.  That  fire  control  plans  are
permanently  exhibited  or  booklets  containing  the  equivalent  information  are  provided  for  the
information  of  the  ship’s  officers.  That  the  stowage  of  the  lifejackets  is  appropriate  and  that  the
stowage  of  children’s  lifejackets  may  be  readily  identified.  That  the  loading  of  vehicles  does  not
prevent the operation of the fire controls, emergency shut-offs, controls for the storm valves etc., that
may  be  located  on  the  vehicle  decks.

13.

Navigational  and  radio  equipment.

That  the  navigational  and  radio  communications  equipment,  including  EPIRBs,  are  operational.

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14.

Supplementary emergency lighting.

That supplementary emergency lighting is fitted, when required by the regulations, and that a record
of  deficiencies  is  being  kept.

15. Means  of  escape.

Marking, in accordance with the applicable requirements, and the illumination, from both the main
and emergency sources of power, of the means of escape. The measures taken to keep vehicles clear
of  escape  routes  where  the  means  of  escape  cross  or  pass  through  vehicle  decks.  That  exits,
particularly exits from duty free shops, which have been found to be blocked by an excess of goods,
are  kept  clear.

16.

Operations  book.

That  copies  of  the  operations  book  are  provided  for  the  master  and  each  senior  officer  and  that
other  copies  are  available  for  all  members  of  the  crew.  Also  that  there  are  check  lists  to  cover  the
preparation  for  sea  and  other  operations.

17.

Engine  Room  Cleanliness.

That  the  engine  room  is  maintained  in  a  clean  condition  with  regard  to  maintenance  procedures.

18.

Garbage disposal.

That  the  arrangements  for  the  handling  and  disposal  of  garbage  are  satisfactory.

19.

Planned maintenance.

All companies should have specific standing orders, with a planned maintenance system, for all safety
related  areas  including  bow  and  stern  doors  and  side  openings,  together  with  their  closing
arrangements, but also covering engine room maintenance and safety equipment. Plans should be in
place  for  periodically  checking  all  items  so  as  to  maintain  safety  standards  at  the  highest  level.
Procedures  should  be  in  place  for  recording  deficiencies  and  confirming  they  have  been  properly
rectified  so  that  the  Master  and  the  designated  person  ashore  within  the  company  management
structure  are  aware  of  the  deficiencies  and  are  notified  when  they  have  been  rectified  within  a  time
specified.  Periodic  checking  of  the  operation  of  the  inner  and  outer  bow  door  closing  arrangements
should include the indicators, surveillance equipment and any scuppers in the spaces between of bow
visor  and  the  inner  door  and  especially  the  closing  mechanisms  and  their  associated  hydraulic
systems.

20. Making a voyage.

When  making  a  voyage  the  opportunity  should  be  taken  to  check  overcrowding,  including  the
availability of seats and the blocking of passageways, stairs and emergency exits by baggage and by
passengers  unable  to  find  seats.  That  the  vehicle  deck  is  vacated  by  passengers  before  the  ship  sails
and  that  they  do  not  again  have  access  until  immediately  prior  to  docking  should  also  be  checked.

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ANNEX  VI

CRITERIA  OF  QUALIFICATION  AND  INDEPENDENCE  FOR  QUALIFIED  INSPECTORS

(as  referred  to  in  Article  2(q))

1. The qualified inspector must be authorised to carry out the specific surveys referred to in article 7 by the

competent  authority  of  the  Member  State.

2. Either:

— The  qualified  inspector  must  have  completed  a  minimum  of  one  year’s  service  with  the  competent
authority  of  a  Member  State  as  a  flag-State  inspector  dealing  with  surveys  and  certification  in
accordance  with  the  1974  SOLAS  Convention,

— and  be  in  possession  of:

(a) a certificate of competency as master, enabling that person to take command of a ship of 1 600

GT  or  more  (see  STCW,  Regulation  II/2);  or

(b) a certificate of competency as chief engineer enabling him to take up that task on board a ship
whose  main  power  plant  has  a  power  equal  or  superior  to  3 000  kW,  (see  STCW,  Regulation
III/2);  or

(c) have  passed  in  a  Member  State  an  examination  as  a  naval  architect,  mechanical  engineer  or  an
engineer  related  to  the  maritime  fields  and  worked  in  that  capacity  for  at  least  five  years,

— The qualified inspectors mentioned under (a) and (b) must have served for a period of not less than

five  years  at  sea  as  officer  in  the  deck-  or  engine-department  respectively.

Or:

The  qualified  inspector  must:

— hold  a  relevant  university  degree  or  an  equivalent  training  in  a  Member  State,  and

— have  been  trained  and  qualified  at  a  school  for  ship  safety  inspectors  in  a  Member  State,  and

— have  served  at  least  two  years  with  the  competent  authority  of  a  Member  State  as  a  flag-State
inspector  dealing  with  surveys  and  certification  in  accordance  with  the  1974  SOLAS  Convention.

3. Qualified  inspectors  shall  have  the  ability  to  communicate  orally  and  writing  with  seafarers  in  the

language  most  commonly  spoken  at  sea.

4. Qualified  inspectors  shall  have  an  appropriate  knowledge  of  the  provisions  of  the  1974  SOLAS

Convention  and  of  the  relevant  procedures  of  this  Directive.

5. The  qualified  inspectors  carrying  out  specific  surveys  shall  have  no  commercial  interest  either  in  the
company concerned or any other company operating on a regular service to and from the involved host
State or in the ro-ro ferries or high-speed passenger craft inspected, nor shall the qualified inspectors be
employed by or undertake work on behalf of non-governmental organizations which carry out statutory
or  classification  surveys  of  ships  or  issue  certificates  for  that  purpose.

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DECISION  OF  THE  EEA  JOINT  COMMITTEE

of  . . .

amending  Annex  XIII  (Transport)  to  the  EEA  Agreement

THE  EEA  JOINT  COMMITTEE,

Having  regard  to  the  Agreement  on  the  European  Economic  Area,  as  adjusted  by  the  Protocol
Adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  the
Agreement,  and  in  particular  Article  98  thereof.

Whereas  Annex  XIII  to  the  Agreement  was  amended  by  Decision  of  the  EEA  Joint  Committee
No  8/96 (1);

Whereas  Council  Directive  (98/. . ./EC)  of  (. . .  . . .  1998)  on  conditions  for  the  operation  of
regular  ro-ro  ferry  and  high  speed  passenger  craft  services  in  the  Community (2)  is  to  be
incorporated  into  the  Agreement,

HAD  DECIDED  AS  FOLLOWS:

Article  1

The  following  point  shall  be  inserted  after  point  56c  (Council  Regulation  (EC)  No  3051/95):

‘56.d 395  L  . . .:  Council  Directive  (98/. . ./EC)  of  (. . .  . . .  1998)  on  conditions  for  the
operation  of  regular  ro-ro  ferry  and  high  speed  passenger  craft  services  in  the
Community  (OJ  No  L  . . .,  . . .  . . .  1998,  p.  . . .)’

The texts of Directive 98/. . ./EC in the Icelandic and Norwegian languages, which are annexed
to  the  respective  language  versions  of  this  Decision,  are  authentic.

Article  2

This  Decision  shall  enter  into  force  on  . . ./. . ./19. . .,  provided  that  all  the  notifications  under
Article  103  (1)  of  the  Agreement  have  been  made  to  the  EEA  Joint  Committee.

Article  3

This  Decision  shall  be  published  in  the  EEA  Section  of,  and  in  the  EEA  Supplement  to,  the
Official  Journal  of  the  European  Communities.

Article  4

(1) OJ  L  102,  25.4.1996,  p.  51.
(2) OJ  L  . . .