Amended 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: 1998-11-09
Institutions: European Commission
Subjects: approximation of laws, carriage of passengers, ferryboat, high-speed transport, transport safety

10.12.98

EN

Official  Journal  of  the  European  Communities

C  384/23

Amended  proposal  for  a  Council  Directive  on  conditions  for  the  operation  of  regular  ro(cid:220)roferry
and  high  speed  passenger  craft  services  in  the  Community(cid:216)(˛)

(98/C  384/10)

(Text  with  EEA  relevance)

COM(1998)  636  final  -  98/0064(SYN)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on
10  November  1998)

(˛)(cid:217)OJ  C  108,  7.4.1998,  p.  122.

ORIGINAL  TEXT

AMENDED  TEXT

Article  1

Purpose

The  purpose  of  this  Directive  is  to  lay  down  conditions
for  the  safe  operation  of  regular  ro(cid:220)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.

The  purpose  of  this  Directive  is  to  lay  down  a  system  of
surveys  which  will  provide  a  greater
mandatory 
assurance  of  safe  operation  of  regular  ro(cid:220)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

(ba)(cid:217)"passenger’  is  every  person  other  than:

(i)(cid:217)the  master  and  the  members  of  the  crew  or
other  persons  employed  or  engaged 
in  any
capacity  on  board  a  ship  on  the  business  of  that
ship;  and

(ii)(cid:217)a  child  under  one  year  of  age;

(fa)

"port  area’  shall  mean  an  area  other  than  a  sea  area,
as  defined  by  the  Member  States,  extending  to  the
outermost  permanent  harbour  works  forming  an
integral  part  of  the  harbour  system,  or  to  the  limits
defined  by  natural  geographical  features  protecting
an  estuary  or  similiar  sheltered  area;

(j)(cid:217)"host  State’  shall  mean  a  Member  State  to  or  from
whose  ports  a  ro(cid:220)ro  ferry  or  a  high  speed  passenger
craft  is  engaged  on  a  regular  service;

(j)(cid:217)"host  State’  shall  mean  a  Member  State  to  or  from
whose  port(s)  a  ro(cid:220)ro  ferry  or  a  high  speed  passenger
craft  is  engaged  on  a  regular  service;

C  384/24

EN

Official  Journal  of  the  European  Communities

10.12.98

ORIGINAL  TEXT

AMENDED  TEXT

Article  6.3

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 
requirements
to 
imposed  by  the  host  States  as  a  condition  to  provide  a
regular  service  to  or  from  one  or  more  of  their  ports.

commitment 

fulfil 

the 

Delete

Article  7.2a  (new)

Prior  to  the  start  of  operation  by  a  ro(cid:220)ro  ferry  or  high
speed  passenger  craft  on  a  regular  service,  or  within
twelve  months  of  the  date  referred  to  in  Article  15(1)  for
a  ro(cid:220)ro  ferry  or  high  speed  passenger  craft  already
operating  a  regular  service,  Host  States  shall  check  for
ships  or  craft  flying  a  flag  other  than  that  of  a  Member
State,  the  concurrence  of  that  flag  State  that  it  has
accepted 
the
requirements  of  this  Directive.

the  company’s  commitment 

to  meet 

Article  8

Procedures  related  to  specific  surveys

3.(cid:218)(cid:217)Host  States,  in  planning  an  initial  survey,  shall  take
due  account  of 
the  operational  and  maintenance
schedule  of  the  ship  or  craft

3.(cid:218)(cid:217)Host  States,  in  planning  an  initial  specific  survey,
shall  set  a  time(cid:220)limit  of  maximum  one  month  for  this
survey  to  be  completed  and  shall  take  due  account  of  the
operational  and  maintenance  schedule  of  the  ship  or
craft.

findings  of 

4.(cid:218)(cid:217)The 
the  specific  surveys  shall  be
recorded  in  a  report  of  which  the  format  shall  be  estab(cid:220)
lished  in  accordance  with  the  procedure  laid  down  in
Article  12.

findings  of 

4.(cid:218)(cid:217)The 
the  specific  surveys  shall  be
recorded  in  a  report  of  which  the  format  shall  be  estab(cid:220)
lished  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.

7.(cid:218)(cid:217)Should  the  specific  surveys  confirm  or  reveal  defi(cid:220)
ciencies  in  relation  to  the  requirements  of  this  Directive
warranting  a  prevention  of  operation,  all  costs  related  to
the  surveys  in  any  normal  accounting  period  shall  be
covered  by  the  company.

Article  15a  (new)

the 

implementation  date  of 

Three  years  after 
this
Directive  the  Commission  shall  assess  on  the  basis  of
information  to  be  provided  by  the  Member  States  the
implementation  of  this  Directive  and  propose  any  appro(cid:220)
priate  measure.