Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on conditions for the operation of regular ro-ro ferry and high-speed passenger craft services in the Community (COM(98)0071 C4-0162/98 98/ 0064(SYN))(Cooperation procedure: first reading)
Date: 1998-10-07
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: approximation of laws, carriage of passengers, carrier, common ports policy, ferryboat, high-speed transport, maritime safety, public international law, safety standard, transport regulations













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51998AP0310

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on conditions for the operation of regular ro-ro ferry and high-speed passenger craft services in the Community (COM(98)0071 C4-0162/98 98/ 0064(SYN))(Cooperation procedure: first reading)  


Official Journal C 328 , 26/10/1998 P. 0082 





A4-0310/98Proposal for a Council Directive on conditions for the operation of regular ro-ro ferry and high-speed passenger craft services in the Community (COM(98)0071 - C4-0162/98 - 98/0064(SYN))The proposal was approved with the following amendments:(Amendment 1)Article 1>Original text>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.>Text following EP vote>The purpose of this Directive isthe setting up of a mandatory survey regime by the host States with a view to achieving a uniform level of safety in the 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.(Amendment 2)Article 2(ba) (new)>Original text>>Text following EP vote>(ba) 'passenger' shall mean every person other than the master, members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship;(Amendment 3)Article 2(e), 2nd subparagraph (new)>Original text>>Text following EP vote>Ro-ro ferry or high-speed passenger craft services from and to the same port shall also comply with the requirements of this Directive if the voyage extends beyond the port area(Amendment 4)Article 2(fa) (new)>Original text>>Text following EP vote>(fa) 'port area' shall mean an area other than a sea area, in accordance with Article 2 of Directive 98/.../EC on safety rules and standards for passenger ships.(Amendment 5)Article 2(j)>Original text>(j) '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;>Text following EP vote>(j)'host State' shall mean a Member State to or from whose port(s) a ro-ro ferry or a high-speed passenger craft is engaged on a regular service;(Amendment 6)Article 5(1)(b)>Original text>(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 harmonised 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.>Text following EP vote>(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 harmonised system of survey and certification, as they are at the time of the survey, in accordance with Article 13 or with procedures designed to achieve the same goal.(Amendment 7)Article 5(2)(a)>Original text>(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;>Text following EP vote>(a)comply with the standards specified for classification by the rules of a recognized organization, as defined in Council Directive 94/57/EC, 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;(Amendment 8)Article 5(2)(b)>Original text>(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 built before the adoption of this Directive, exemptions for compliance with some of 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.>Text following EP vote>(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 built before the adoption of this Directive, exemptions for compliance with some of the requirements may be granted for a period of up to five years. These exemptions and the conditions under which they can be granted shall be adopted in accordance with the procedure laid down in Article 12.(Amendment 9)Article 6(3)>Original text>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.>Text following EP vote>Deleted(Amendment 10)Article 8(3)>Original text>3. Host States, in planning an initial survey, shall take due account of the operational and maintenance schedule of the ship or craft.>Text following EP vote>3.Host States, in planning an initial survey, shall set a time-limit of not more than one month for this survey to be completed and shall take due account of the operational and maintenance schedule of the ship or craft.(Amendment 11)Article 8(4)>Original text>4. The findings of the specific surveys shall be recorded in a report of which the format shall be established in accordance with the procedure laid down in Article 12.>Text following EP vote>4.The findings of the specific surveys shall be recorded in a report of which the format shall be established in accordance with the procedure laid down in Article 12. These findings shall also be communicated to the flag State, if different from the host State.(Amendment 12)Article 8(5a) (new)>Original text>>Text following EP vote>5a. The specific survey costs as well as the costs for the verifications of evidence of compliance shall be charged to the company only where these verifications and surveys have revealed deficiencies warranting a prevention of operation.(Amendment 13)Article 11(1)>Original text>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.>Text following EP vote>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. Information on the particulars of ro-ro ferries or high-speed craft permitted to operate on domestic or international voyages or any operational limitations shall be made publicly available and shall be the subject of the annual report referred to in Article 15a.(Amendment 15)Article 15a (new)>Original text>>Text following EP vote>Article 15aReportsAn assessment shall be conducted by the Commission within 12 months of the entry into force of this Directive to evaluate the progress made in respect of the safety of ships and craft in the light of the 1994 Council Resolution. Thereafter an annual safety report shall be produced, incorporating the data collected by the Commission under Article 10. All such reports shall be in the public domain.(Amendment 16)ANNEX IV, heading 12a (new)>Original text>>Text following EP vote>Passenger seating capacity and classification(Amendment 17)ANNEX IV, heading 12b (new)>Original text>>Text following EP vote>Total number of crew members operating a regular service and total number of crew members employed on a temporary or casual basisLegislative resolution embodying Parliament's opinion on the proposal for a Council Directive on conditions for the operation of regular ro-ro ferry and high-speed passenger craft services in the Community (COM(98)0071 - C4-0162/98 - 98/0064(SYN))(Cooperation procedure: first reading)The European Parliament,- having regard to the Commission proposal to the Council, COM(98)0071 - 98/0064(SYN) ((OJ C 108, 7.4.1998, p. 122.)),- having been consulted by the Council pursuant to Articles 189c and 84(2) of the EC Treaty (C4-0162/98),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Transport and Tourism (A4-0310/98),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;6. Instructs its President to forward this opinion to the Council and Commission.