COMMON POSITION (EC) No 5/1999 adopted by the Council on 21 December 1998 with a view to adopting Council Directive 1999/.../EC of ... on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services
Date: 1998-12-21
Institutions: Council of the European Union
Subjects: carriage of passengers, ferryboat, high-speed transport, maritime safety, maritime transport, transport safety

22.2.1999

EN

Official  Journal  of  the  European  Communities

C  49/15

COMMON  POSITION  (EC)  No  5/1999

adopted  by  the  Council  on  21  December  1998  with  a  view  to  adopting  Council  Directive
1999/. . ./EC  of  . . .  on  a  system  of  mandatory  surveys  for  the  safe  operation  of  regular  ro-ro
ferry  and  high-speed  passenger  craft  services

(1999/C  49/03)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

action  at  Community  level  is  the  most  effective
way  of  establishing  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),

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c  of  the  Treaty (3),

(1)  Whereas  within  the  framework  of  the  common
transport policy further measures must be taken to
in  the  maritime  transport  of
improve  safety 
passengers;

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

ro-ro 

(3)  Whereas the Council invited the Commission, in its
resolution  of  22  December  1994  on  the  safety  of
roll-on/roll-off  passenger 
to  submit
proposals  for  a  mandatory  survey  and  control
regime  for  the  safety  of  all  ro-ro  passenger  ferries
operating  to  or  from  ports  of  the  Community,
including  the  right  of  investigation  of  marine
casualties;

ferries (4), 

(4)  Whereas  in  view,  in  particular,  of  the  internal
market dimension of maritime passenger transport,

(1)  OJ  C  108,  7.4.1998,  p.  122.
(2)  OJ  C  407,  28.12.1998,  p.  106.
(3)  Opinion of the European Parliament of 7 October 1998 (OJ
C  328,  26.10.1991,  p.  82),  Council  common  position  of  21
December  and  Decision  of  the  European  Parliament  of  . . .
(not  yet  published  in  the  Official  Journal).

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

(5)  Whereas action at Community level is the best way
to  ensure  the  harmonised  enforcement  of  some
principles  agreed  upon  within  the  International
Maritime  Organisation 
thus  avoiding
distortions  of  competition  between  different
Community  ports  and  ro-ro  ferries  and  high-speed
passenger  craft;

(IMO), 

the  appropriate 

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

States’ 

and 

(7)  Whereas  the  safety  of  ships  in  primarily  the
responsibility  of  flag  States;  whereas  each  Member
State  should  ensure  compliance  with  the  safety
requirements  applicable  to  the  ro-ro  ferries  and
high  speed  passenger  craft  flying  the  flag  of  that
Member  State  and  to  the  companies  that  operate
them;

surveys 

in-depth 

preventive 

(8)  Whereas  port  State  control  does  not  provide  for
regular 
and
verifications  for  ro-ro  ferries  and  high  speed
passenger  craft;  whereas  it  therefore  should  be
verified  that  companies  and  their  ferries  and  craft
comply with the safety standards agreed within the
IMO  and,  where  appropriate,  at  regional  level,
through a system of regular mandatory inspections
by  host  States;  whereas  companies  should  be
prevented  from  operating  such  ferries  and  craft  if
these  inspections  reveal  dangerous  non-conformity
with  these  safety  standards;

(9)  Whereas  this  Directive  addresses  the  Member
States  in  their  capacity  as  host  States;  whereas  the
responsibilities exercised in that capacity are based

C  49/16

EN

Official  Journal  of  the  European  Communities

22.2.1999

upon  specific  port  State  responsibilities  that  are
fully 
line  with  the  1982  United  Nations
Convention  on  the  Law  of  the  Sea  (Unclos);

in 

(10)  Whereas  in  the  interest  of  improving  safety  and
avoiding  distortion  of  competition,  the  common
safety  standards  should  apply  to  all  ro-ro  ferries
and  high-speed  passenger  craft,  regardless  of  the
flag  they  fly,  providing  regular  services  to  or  from
a  port  in  the  Member  States  both  on  international
voyages  and  on  domestic  voyages  in  sea  areas
line  where
beyond  20  miles 
shipwrecked  persons  can  land,  whilst  leaving  the
possibility  to  the  Member  States  to  extend  the
scope  of  application  of  the  Directive  to  ro-ro
ferries and high-speed passenger craft operating on
domestic voyages in sea areas within 20 miles from
a  coast  line;

from  a  coast 

(11)  Whereas  it  is  necessary  that  host  States  check
whether  the  ro-ro  ferries  and  high-speed  passenger
craft  operating  to  and  from  Community  ports
conform  to  certain  harmonised  requirements  for
certification  and  survey  by  the  flag  State;

(12)  Whereas 

ro-ro 

those 

ferries  and  high-speed
passenger  craft  should  also  conform,  at  the
building stage and during their entire lifetime, with
the  applicable  classification  standards  as  regards
the  construction  and  maintenance  of  their  hull,
main 
electrical
installation  and  control  installation  and  should  be
fitted  with  a  voyage  data  recorder  complying  with
the  relevant  international  requirements;

auxiliary  machinery, 

and 

(13)  Whereas  host  States  should  check 

that 

the
companies  providing  those  services  operate  their
ro-ro  ferries  and  high-speed  passenger  craft  so  as
to  guarantee  maximum  safety;  whereas  interested
Member States, other than the flag State, should be
allowed  to  participate  fully  in  any  investigation  of
a  marine  casualty;

(14)  Whereas  it  is  fundamental  to  check  that  third  flag
State  administrations  concur  with  the  companies’
commitments  to  cooperate  with  any  investigation
of  a  marine  casualty  or  incident  and  to  comply
with  the  rules  of  recognised  organisations  for
classification 
for
certification;  whereas  such  administrations  should
accept 
survey  and
certification  procedures;

the  use  of  harmonised 

and,  where 

applicable, 

(15)  Whereas, in order to ensure continuous compliance
of ro-ro ferries and high-speed passenger craft with
the  requirements  of  this  Directive,  host  States
should  carry  out  surveys  prior  to  the  start  of  a
service  and  thereafter  at  regular  intervals  and
whenever  a  significant  change  occurs 
in  the
operating circumstances;

(16)  Whereas  in  order  to  reduce  the  burden  placed
upon  companies,  due  account  should  be  taken  of
previous verifications and surveys; ro-ro ferries and
high-speed  passenger  craft  should  be  exempted
from surveys where it has been confirmed that they
comply with this Directive for operation on similar
routes  and  replacement  ferries  and  craft  should
benefit  from  special  arrangements;  whereas  ro-ro
ferries  and  high-speed  passenger  craft  which  have
been  surveyed  to  the  satisfaction  of  the  host  State
should  not  be  subjected  to  expanded  inspections
under Council Directive 95/21/EC of 19 June 1995
concerning  the  enforcement,  in  respect  of  shipping
using  Community  ports  and  sailing  in  the  waters
under  the  jurisdiction  of  the  Member  States,  of
international  standards  for  ship  safety,  pollution
prevention  and  shipboard 
living  and  working
conditions  (port  State  control) (1);

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

in 

their 
the  performance  of 
organisations  which  meet 

(18)  Whereas  Member  States  might  find  it  useful  to  be
tasks
assisted 
recognised 
the
requirements  of  Council  Directive  94/57/EC  of  22
November  1994  on  common  rules  and  standards
for  ship  inspection  and  survey  organisations  and
for 
of  marine
the 
administrations (2);

activities 

relevant 

(19)  Whereas due account should be taken, in planning
the  surveys,  of  the  operational  and  maintenance
schedules  of  the  ro-ro  ferries  and  high-speed
passenger  craft;

(20)  Whereas  Member  States  should  ensure  that  their
internal  legal  systems  enable  them  and  any  other
to
interested  Member 
substantially 

States 

(1)  OJ  L  157,  7.7.1995,  p.  1.  Directive  as  last  amended  by
Commission  Directive  98/42/EC  (OJ  L  184,  27.6.1998,  p.
40).

(2)  OJ  L  319,  12.12.1994,  p.  20.  Directive  as  amended  by
Commission  Directive  97/58/EC  (OJ  L  274,  7.10.1997,  p.
8).

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C  49/17

participate  or  cooperate  in,  or  conduct,  accident
investigations  on  the  basis  of  the  provisions  of  the
investigation  of  marine
IMO  Code 
casualties;  whereas 
such
investigations  should  be  made  publicly  available;

the  outcome  of 

the 

for 

(21)  Whereas  a  set  of  accompanying  measures  in  the
systems,
local  operational

areas 
contingency  planning  and 
restrictions  will  further  improve  safety;

navigational 

guidance 

of 

(22)  Whereas,  in  order  to  enable  the  monitoring  of  the
application  of  this  Directive,  a  database  should  be
established  based  on  the  information  derived  from
the  surveys;

(23)  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 
minimum
requirements  for  vessels  bound  for  or  leaving
Community  ports  and  carrying  dangerous  or
polluting  goods (1)  can  undertake  that  function;

concerning 

1993 

(24)  Whereas certain provisions of the Directive may be
adapted by that Committee to bring them into line
with Community or IMO measures and to improve
its  regime  to  take  into  account  future  amendments
to  the  1974  International  Convention  for  the
Safety  of  Life  at  Sea  (SOLAS)  which  have  entered
a  harmonised
into 
implementation  of  amendments  to  some  IMO
resolutions  without  broadening  its  scope,

ensure 

force 

and 

to 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Purpose

The  purpose  of  this  Directive  is  to  lay  down  a  system  of
mandatory surveys which will provide a greater assurance
of  safe  operation  of  regular  ro-ro  ferries  and  high-speed
passenger  craft  services  to  or  from  ports  in  the  Member
States  of  the  Community  and  to  provide  for  the  right  of
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)  ‘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  12
passengers;

(b) ‘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  12  passengers;

(c)  ‘a  passenger’  is  every  person  other  than:

(i)  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) a  child  under  one  year  of  age;

(d) ‘1974 

SOLAS  Convention’ 

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 

(e)  ‘High-speed Craft Code’ shall mean the ‘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;

(f)  ‘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,  or
a series of voyages from and to the same port without
intermediate  calls,  either:

(i)  according  to  a  published  timetable;  or

(ii) with  crossings  so  regular  or  frequent  that  they

constitute  a  recognisable  systematic  series;

(g)  ‘sea  area’  shall  mean  any  sea  area  included  in  a  list
established  in  accordance  with  Article  4  of  Council
Directive 98/18/EC of 17 March 1998 on safety rules
and  standards  for  passenger  ships (2);

(h) ‘certificates’ shall mean:

(i)  for  ro-ro  ferries  and  high-speed  passenger  craft
international  voyages,  the  safety

engaged  on 

(1)  OJ  L  247,  5.10.1993,  p.  19.  Directive  as  last  amended  by
Commission  Directive  98/74/EC  (OJ  L  276,  13.10.1998,  p.
7).

(2)  OJ  L  144,  15.5.1998,  p.  1.

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22.2.1999

the  1974  SOLAS
certificates 
issued  under 
the
together  with 
Convention  as  amended, 
relevant 
equipment  and  where
appropriate  exemption  certificates  and  permits  to
operate;

records  of 

(ii) for  ro-ro  ferries  and  high-speed  passenger  craft
engaged  on  domestic  voyages, 
safety
certificates  issued  in  accordance  with  Directive
98/18/EC  together  with  the  relevant  records  of
equipment  and  where  appropriate  exemption
certificates  and  permits  to  operate;

the 

(i)  ‘exemption  certificate’  shall  mean  any  certificate
I

the  provisions  of  Regulation 

issued  under 
B/12(a)(vi)  of  the  1974  SOLAS  Convention;

(j)  ‘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;

(k) ‘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;

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

(m) ‘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;

(n) ‘recognised  organisation’  shall  mean  an  organisation
recognised  in  accordance  with  Article  4  of  Directive
94/57/EC;

ferries 

(o) ‘company’  shall  mean  a  company  operating  one  or
more  ro-ro 
to  which  a  document  of
compliance  has  been  issued  in  compliance  with
Article  5(2)  of  Council  Regulation  (EC)  No  3051/95
of  8  December  1995  on  the  safety  management  of
roll on/roll off passenger ferries (ro-ro ferries) (1) or a
company  operating  high-speed  passenger  craft,  to
which  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;

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

(q) ‘specific survey’ shall mean a survey by the host State

as  specified  in  Articles  6  and  8;

(1)  OJ  L  320,  30.12.1995,  p.  14.  Regulation  as  amended  by
(OJ  L  19,

(EC)  No  179/98 

Commission  Regulation 
24.1.1998,  p.  35).

(r) ‘qualified 

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

qualification 

criteria 

the 

of 

(s) ‘deficiency’ shall mean a condition found not to be in
compliance  with  the  requirements  of  this  Directive.

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  covered  by  Class  A  as
referred  to  in  Article  4  of  Directive  98/18/EC.

2. Member  States  may  apply  this  Directive  to  ro-ro
ferries  and  high-speed  passenger  craft  engaged  on
domestic voyages in sea areas other than those referred to
in  paragraph  1.  In  those  circumstances  the  relevant  rules
shall  be  applied  to  all  ro-ro  ferries  and  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

Initial  verifications  required  in  relation  to  ro-ro  ferries
and  high-speed  passenger  craft

1. Prior  to  the  start  of  operation  by  a  ro-ro  ferry  or
high-speed passenger craft on a regular service, or within
12  months  of  the  date  referred  to  in  Article  19(1)  for  a
ro-ro 
ferry  or  high-speed  passenger  craft  already
operating  a  regular  service  on  that  date,  host  States  shall
check  that  ro-ro  ferries  and  high-speed  passenger  craft:

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

the 

(b) have  been  surveyed  for  the  issue  of  certificates  in
accordance  with 
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 stand at the
time  of  adoption  of  this  Directive  or  with  procedures
designed  to  achieve  the  same  goal;

(c)  comply  with  the  standards  specified  for  classification
by  the  rules  of  a  recognised  organisation,  or  rules
accepted  as  equivalent  by  the  administration  of  the
flag  State  for  construction  and  maintenance  of  their

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hull,  machinery 
installation;

and 

electrical 

and 

control

(d) are  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 
IMO  Assembly
standards  of 
Resolution  A.861(20)  of  27  November  1997  and
comply  with  the  testing  standards  laid  down  in
(IEC)
International  Electrotechnical  Commission 
standard No 61996. However, for VDRs to be placed
on  board  ro-ro  ferries  and  high-speed  passenger  craft
built  before  the  entry  into  force  of  this  Directive,
the
exemptions 
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  16;

for  compliance  with  some  of 

in  accordance  with 

(e)  comply with specific stability requirements adopted at
regional  level,  and  transposed  into  their  national
legislation 
the  notification
procedure  laid  down  in  Directive  98/34/EC  of  the
European  Parliament  and  of  the  Council  of  22  June
1998  laying  down  a  procedure  for  the  provision  of
information  in  the  field  of  technical  standards  and
regulations  and  of  rules  on 
information  society
services (1),  when  operating  in  that  region  a  service
covered  by  that  national  legislation,  provided  those
requirements  do  not  exceed  those  specified  in  the
Annex  of  Resolution  14  (Stability  Requirements
Pertaining  to  the  Agreement)  of  the  1995  SOLAS
the
Conference  and  have  been  notified 
Secretary-General of the IMO, in accordance with the
procedures  specified  in  point  3  of  that  resolution.

to 

2. Paragraph  1(e)  shall  apply  to  high  speed  passenger
craft  only  where  appropriate.

Article  5

Initial  verifications  required  in  relation  to  companies
and  flag  States

Prior  to  the  start  of  operation  by  a  ro-ro  ferry  or
high-speed passenger craft on a regular service, or within
12  months  of  the  date  referred  to  in  Article  19(1)  for  a
ro-ro 
ferry  or  high-speed  passenger  craft  already
operating  on  a  regular  service  on  that  date,  host  States
shall:

1.  check  that  companies  which  operate  or  intend  to
operate  such  a  ferry  or  craft  on  regular  service:

(a)  take  the  necessary  measures  to  ensure  that  the
specific  requirements  laid  down  in  Annex  I  are
applied  and  provide  the  evidence  of  compliance
with this paragraph and with Article 4 to the host
States  involved  in  the  regular  service;

(1)  OJ  L  204,  21.7.1998,  p.  37.  Directive  as  amended  by

Directive  98/48/EC  (OJ  L  217,  5.8.1998,  p.  18).

(b) will  agree  in  advance  that  host  States  and  any
substantially 
interested  Member  State  may
conduct, participate fully in or cooperate with any
investigation  of  a  marine  casualty  or  incident  in
accordance  with  Article  12,  and  will  give  them
access  to  the  information  retrieved  from  the  VDR
of  their  ferry  or  craft  involved  in  such  a  casualty
or  incident.

2.  Check for such a ferry or craft flying a flag other than
that  of  a  Member  State,  the  concurrence  of  that  flag
State  that  it  has  accepted  the  company’s  commitment
to  meet  the  requirements  of  this  Directive.

Article  6

Initial  specific  surveys

1. Prior  to  the  start  of  operation  by  a  ro-ro  ferry  or
high-speed passenger craft on a regular service, or within
12  months  of  the  date  referred  to  in  Article  19(1)  for  a
ro-ro  ferry  and  high-speed  passenger  craft  already
operating  a  regular  service  on  that  date,  host  States  shall
carry  out  an  initial  specific  survey,  in  accordance  with
Annexes  I  and  III,  to  satisfy  themselves  that  the  ro-ro
ferry  or  high-speed  passenger  craft  fulfils  the  necessary
requirements  for  safe  operation  of  a  regular  service.

2. Where  this  Article  is  applied  prior  to  the  start  of
operation,  host  States  shall  set  a  date  for  the  initial
specific  survey  which  is  no  more  than  one  month  after
receipt  of  the  evidence  necessary  to  complete  the
verification  under  Articles  4  and  5.

Article  7

Special provisions

1. When a ro-ro ferry or high-speed passenger craft is to
be  engaged  on  another  regular  service,  a  new  host  State
shall take the utmost account of verifications and surveys
previously carried out for that ferry or craft for operation
on  a  previous  regular  service  covered  by  this  Directive.
Provided  that  the  new  host  State  is  satisfied  with  these
previous  verifications  and  surveys  and  that  they  are
relevant  to  the  new  operational  conditions,  Articles  4,  5
and  6  need  not  be  applied  prior  to  the  ro-ro  ferry  or
high-speed  passenger  craft  starting  operation  on  the  new
regular service.

2. Articles 4, 5 and 6 need not apply when a ro-ro ferry
or  high-speed  passenger  craft  which  complies  with  this
Directive  already  operating  a  regular  service  covered  by
regular
this  Directive 

transfers 

another 

to 

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service  covered  by  this  Directive  transfers  to  another
regular  service  where  the  route  characteristics  are  agreed
by  the  relevant  host  States  to  be  similar,  and  the  host
States  all  agree  that  the  ro-ro  ferry  or  high-speed
passenger  craft  fulfils  all  the  requirements  for  safe
operation  on  that  service.

transfer of class, the host State may, after taking account
of verifications and surveys previously issued for the ferry
or craft, and provided that the safe operation of the ferry
or  craft  is  not  affected  by  this  change  or  transfer,
dispense  the  ferry  or  craft  from  the  specific  survey
required  by  this  paragraph.

At  the  request  of  a  company,  the  host  States  concerned
may  confirm  in  advance  their  agreement  as  to  where
route  characteristics  are  similar.

3. Should the surveys referred to in paragraph 1 confirm
or  reveal  deficiencies  in  relation  to  the  requirements  of
this  Directive  warranting  a  prevention  of  operation,  all
costs  relating  to  the  surveys  in  any  normal  accounting
period  shall  be  covered  by  the  company.

3.
In cases where, following unforeseen circumstances, a
replacement  ro-ro  ferry  or  high-speed  passenger  craft
must  be  introduced  rapidly  to  ensure  continuity  of
service,  and  paragraphs  1  and  2  are  not  applicable,  the
host  State  may  allow  the  ferry  or  craft  to  start  operating
provided  that:

(a)  a  visual  inspection  and  document  check  raise  no
concerns  that  the  ro-ro  ferry  or  high-speed  passenger
craft  does  not  fulfil  the  necessary  requirements  for
safe  operation;  and

(b) the  host  State  completes  the  verifications  and  surveys

under  Articles  4,  5  and  6  within  one  month.

Article  9

Notification

Host  States  shall  inform  companies  promptly,  in  writing,
of the outcome of verifications and surveys under Articles
4,  5,  6  and  8.

Article  8

Article  10

Prevention  of  operation

Regular  specific  surveys  and  other  surveys

1. A  host  State  shall  prevent  the  operation  of  a  ro-ro
ferry  or  high-speed  passenger  craft  on  a  regular  service:

1. Host  States  shall,  once  in  every  12-month  period,
carry  out:

(a)  when  it  has  been  unable  to  confirm  compliance  with

the  requirements  in  Articles  4  and  5;

—  a  specific  survey,  in  accordance  with  Annex  III,  and

—  a  survey  during  a  regular  service,  which  shall  aim  to
cover  enough  items  listed  in  Annexes  I,  III  and  IV  in
order  to  satisfy  the  host  State  that  the  ferry  or  craft
continues  to  fulfil  all  the  necessary  requirements  for
safe  operation.

(b) whenever  deficiencies  are  found  during  the  surveys
referred  to  in  Articles  6  and  8  which  pose  an
immediate  danger  to  life,  the  ferry  or  craft,  its  crew
and  passengers;

(c)  when  there  is  an  established  failure  to  comply  with
the  Community  instruments  listed  in  Annex  II  which
poses  an  immediate  danger  of  life,  the  ferry  or  craft,
its  crew  and  passengers;

An  initial  specific  survey  in  accordance  with  Article  6
counts  as  a  specific  survey  for  the  purposes  of  this
Article.

(d) whenever  it  has  not  been  consulted  by  the  flag  State
on  the  matters  referred  to  in  Article  13(1)  or  (5),

2. A  host  State  shall  carry  out  a  specific  survey  in
accordance  with  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.
However,  in  case  of  change  in  management  or  flag,  or

until  the  host  State  has  established  that  the  danger  has
been  removed  and  the  requirements  of  the  Directive  are
met.

The host State shall inform the company in writing of the
decision  to  prevent  that  ro-ro  ferry  or  high-speed
passenger  craft  operating,  giving  full  reasoning.

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2. However,  where  the  ro-ro  ferry  or  high-speed
passenger  craft  is  already  operating  a  regular  service  and
deficiencies  are  established,  host  States  shall  require  the
company to take the necessary measures for their prompt
rectification  or  within  a  well-defined  and  reasonable
period  of  time,  provided  they  do  not  pose  an  immediate
danger  to  the  safety  of  the  ferry  or  craft,  its  crew  and
passengers. After rectification of the deficiencies, the host
States  concerned  shall  verify  that  the  rectification  has
been carried out to their full satisfaction. If this is not the
case, 
from
operating.

they  shall  prevent 

ferry  or  craft 

the 

3. Member  States  shall,  in  accordance  with  national
legislation, establish and maintain appropriate procedures
covering  the  right  of  appeal  by  a  company  against  a
decision  to  prevent  operation.  Appeals  should  be  dealt
with expeditiously. An appeal shall not cause the decision
to  be  automatically  suspended.

The  competent  authority  shall  duly  inform  the  company
of  its  right  of  appeal.

4.
In cases where Articles 4, 5 and 6 are applied prior to
the  start  of  operation  by  a  ro-ro  ferry  or  high-speed
passenger craft on a regular service, a decision to prevent
a  ship  operating  must  be  taken  within  one  month  of  the
initial  specific  survey  and  communicated  to  the  company
immediately.

is included in the team, where appropriate by including a
surveyor  of  a  recognised  organisation.  The  inspectors
shall report deficiencies to the administrations of the host
States. The host State shall communicate this information
to the flag State, if that State is not a host State involved
in  the  survey.

3. An  involved  host  State  may  agree  to  carry  out  a
survey  at  the  request  of  another  involved  host  State.

4. Host  States,  when  requested  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.

5. Host  States,  in  planning  a  survey  in  accordance  with
Articles  6  and  8,  shall  take  due  account  of  the
operational  and  maintenance  schedule  of  the  ferry  or
craft.

6. 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  16.

7.
In case of persistent disagreement between host States
on  the  fulfilment  of  the  requirements  of  Articles  4  and
5(1),  the  administration  of  any  host  State  involved  in  a
specific 
the
Commission  the  reasons  of  the  disagreement.

immediately  notify 

survey 

shall 

to 

Article  11

8. The  Commission  shall  immediately  start  proceedings
in  order  to  take  a  decision  in  accordance  with  the
procedure  laid  down  in  Article  16.

Procedures  related  to  initial  and  regular  specific  surveys

1. 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) shall be exempted by these host
State(s)  from  expanded  inspections  referred  to  in  Article
from  expanded
7(4)  of  Directive  95/21/EC  and 
inspections  based  upon  the  clear  grounds  that  they
belong  to  the  category  of  passenger  ships  referred  to  in
Article  7(1)  and  Annex  V.A.3  of  that  Directive.

2. Administrations  of  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).  Wherever  there  is  a  need  for
qualitative  assessment  of  the  fulfilment  of  class  related
provisions, host States shall ensure the necessary expertise

Article  12

Accident  investigation

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  participate,  to  cooperate  in,  or  where
provided  for  under  the  Code  for  the  investigation  of
marine  casualties,  to  conduct  any  marine  casualty  or
incident 
ferry  or
high-speed  passenger  craft.

involving  a 

investigation 

ro-ro 

‘Substantially 

2.
investigating
interested  State’, 
State’  and  ‘marine  casualty’  shall  have  the  same  meaning
as 
investigation  of  marine
the 
in 
casualties.

the  Code 

‘lead 

for 

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3. When  a  ro-ro  ferry  or  high-speed  passenger  craft  is
involved in a marine casualty, the investigation procedure
shall  be  launched  by  the  State  in  whose  waters  the
accident  or  incident  occurs  or,  if  in  other  waters,  by  the
last Member State visited by the ferry or craft. This State
shall  remain  responsible 
investigation  and
coordination  with  other  substantially  interested  States
until such time as it is mutually agreed which is so be the
lead investigating State.

the 

for 

4. Member  States  conducting,  participating 
in  or
cooperating with 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.

5. Member  States  shall  ensure  that  reports  resulting
from such an investigation are made public in accordance
with  point  12.3  of  the  Code  for  the  investigation  of
marine  casualties  and  notified  to  the  Commission.

implement  an  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.

in 

their  capacity  as  host  State  by 

5. Member  States  shall  ensure  that  they  have  been  fully
involved 
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 Craft
Code.  They  shall  ensure  that  operational  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
enforcement  of  these  restrictions.

Article  13

Accompanying measures

Article  14

Cooperation  between  host  States

Host  States  involved  in  the  same  regular  service  shall
liaise  with  each  other  when  applying  this  Directive.

1. Member  States  issuing  or  recognising  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.

Article  15

Supporting  measures

States 

should  operate 

2. Member 
shore  based
navigational  guidance  systems  and  other  information
schemes  in  accordance  with  IMO  Resolution  A.795(19)
to  assist  ro-ro  ferries  and  high-speed  passenger  craft  in
the  safe  conduct  of  the  regular  service,  or  part  of  it,  for
the  safety  of  which  they  bear  responsibility.

3. Each  Member  State  shall  provide  to  the  Commission
copies  of  the  survey  reports  referred  to  in  Article  11(6),
with  the  IMO  identification  number  where  applicable.
The  Commission  may,  in  accordance  with  the  procedure
laid down in Article 16, decide on appropriate means for
allocating  an  identification  number  to  other  vessels.  If
two  or  more  host  States  are  involved  in  the  regular
service,  the  data  may  be  provided  by  one  of  these  host
States.  The  Commission  shall  set  up  and  maintain  a
database 
provided.
the 
Conditions  of  access  to  the  database  shall  be  decided  in
accordance  with  the  procedure  laid  down  in  Article  16.

information 

containing 

4. Member  States  shall  ensure  that  companies  operating
ro-ro  ferries  or  high-speed  passenger  craft  on  regular
services  to  or  from  their  ports  are  able  to  maintain  and

The  Member  States  shall  inform  third  States  which  have
either  flag  State  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  16

Regulatory  committee

1. The  Commission  shall  be  assisted  by  the  committee
set  up  under  Article  12(1)  of  Directive  93/75/EEC.

2. The representative of the Commission shall submit to
the  committee  a  draft  of  the  measures  to  be  taken.  The
committee  shall  deliver  its  opinion  on  the  draft  within  a
time  limit  which  the  chairman  may  lay  down  according
to  the  urgency  of  the  matter.  The  opinion  shall  be
delivered  by  the  majority  laid  down  in  Article  148(2)  of

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the  Treaty  in  the  case  of  decisions  which  the  Council  is
required  to  adopt  on  a  proposal  from  the  Commission.
The  votes  of  the  representatives  of  the  Member  States
within the committee shall be weighted in the manner set
out  in  that  Article.  The  chairman  shall  not  vote.

3.  (a)  The  Commission  shall  adopt 

the  measures
envisaged  if  they  are  in  accordance  with  the
opinion  of  the  committee.

is  delivered, 

(b) If  the  measures  envisaged  are  not  in  accordance
with  the  opinion  of  the  committee,  or  if  no
the  Commission  shall,
opinion 
without  delay,  submit  to  the  Council  a  proposal
relating  to  the  measures  to  be  taken.  The  Council
shall  act  by  a  qualified  majority.  If,  on  the  expiry
of  eight  weeks  from  the  date  of  referral  to  the
Council,  the  Council  has  not  acted,  the  proposed
measures  shall  be  adopted  by  the  Commission.

Article  17

Amendment  procedure

In  accordance  with  the  procedure  laid  down  in  Article
16:

(a)  the  Annexes,

(b) the  definitions,

(c)  references  to  Community  instruments,

(d) references  to  IMO  resolutions,

may  be  amended  to  the  extent  necessary  to  bring  them
into  line  with  Community  or  IMO  measures  which  have
entered  into  force,  but  without  broadening  the  scope  of
this  Directive.

The  Annexes  may  also  be  amended  in  accordance  with
the  procedure  laid  down  in  Article  16  when  it  is
necessary to improve the arrangements established by this
Directive,  but  without  broadening  its  scope.

Article  18

Penalties

provided 
dissuasive.

for  shall  be  effective,  proportionate  and

Article  19

Application

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

2. The  provisions  of  Article  4(1)(d)  shall  be  applied  no
later  than  30  months  after  the  publication  date  of  IEC
standard  No  61996  or  by  1  January  2001,  whichever  of
these  dates  comes  later.

3. 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.

4. 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  20

Assessment  of  application

Three years after the date referred to in Article 19(1), the
Commission  shall  assess,  on  the  basis  of  information  to
be  provided  by  the  Member  States  in  accordance  with
Article  13,  the  application  of  this  Directive.

Article  21

Entry  into  force

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

Article  22

Addressees

This  Directive  is  addressed  to  the  Member  States.

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

Done  at  . . .

For  the  Council

The  President

(*) 18  months  after  the  entry  into  force  of  this  Directive.

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ANNEX  I

SPECIFIC  REQUIREMENTS  TO  BE  FULFILLED  BY  COMPANIES

as  referred  to  in  Article  5(1),  and  Articles  6  and  8

Companies  are  to  ensure  that  on  board  their  ro-ro  ferries  and  high-speed  passenger  craft:

1.  the  master  is  provided  with  appropriate  information  on  the  availability  of  shore-based  navigational
guidance systems and other information schemes to assist him in the safe conduct of the voyages, before
the  ferry  or  craft  begins  to  sail,  and  that  he  makes  use  of  the  navigational  guidance  and  information
schemes  set  up  by  Member  States;

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

safety  instructions,  are  applied;

3.  a  table  with  the  shipboard  working  arrangements  is  posted  in  an  easily  accessible  place,  and  contains:

(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  for  watchkeepers;

4.  the master is not constrained from taking any decision, which in his professional judgment is necessary

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

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

navigation;

6.  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;

7.  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,  are  to  be  taken  fully  into  account;

8.  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.

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ANNEX  II

LIST  OF  COMMUNITY  INSTRUMENTS  REFERRED  TO  IN  ARTICLE  10(1c)

—  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  (OJ  L  247,
5.10.1993, p. 19). Directive as last amended by Commission Directive 98/74/EC (OJ L 276, 13.10.1998,
p.  7),

—  Council Directive 94/58/EC of 22 November 1994 on the minimum level of training of seafarers (OJ L
319, 12.12.1994, p. 28). Directive as last amended by Directive 98/35/EC (OJ L 172, 17.6.1998, p. 1),
where applicable,

—  Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll on/roll off
passenger  ferries  (ro-ro  ferries)  (OJ  L  320,  30.12.1995,  p.  14).  Regulation  as  amended  by  Commission
Regulation  (EC)  No  179/98  (OJ  L  19,  24.1.1998,  p.  35).

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ANNEX  III

PROCEDURES  FOR  SPECIFIC  SURVEYS

(as  referred  to  in  Articles  6  and  8)

1.  The  specific  surveys  are  to  ensure  that  statutory  requirements,  in  particular  those  for  construction,
subdivision  and  stability,  machinery  and  electrical  installations,  loading,  stability,  fire  protection,
maximum  number  of  passengers,  life  saving  appliances  and  the  carriage  of  dangerous  goods,
radiocommunications and navigation are fulfilled and are for that purpose, and where applicable at least
to  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  that  all  lifeboats  and  rescue  boats  correspond  to  the  inventory,

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

2.  Specific  surveys  shall  include  the  verification  of  the  planned  maintenance  system  on  board.

3.  Specific surveys shall focus on the familiarisation of crew members with, and their effectiveness in, safety
procedures,  emergency  procedures,  maintenance,  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.

The specific survey shall include an assessment as to whether rostering patterns are causing unreasonable
fatigue  particularly  for  watch-keeping  personnel.

4.  Certificates  of  competence  of  the  crew  members  issued  by  third  States  shall  only  be  recognised  when
they  comply  with  Regulation  I/10  of  the  revised  International  Convention  on  Standards  of  Training,
Certification  and  Watchkeeping  for  Seafarers,  1978  (STCW  Convention).

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ANNEX  IV

INDICATIVE  GUIDELINES 

FOR  QUALIFIED 

INSPECTORS  WHEN  CARRYING  OUT

UNSCHEDULED  SURVEYS  DURING  A  REGULAR  CROSSING

(as  referred  to  in  Article  8(1))

1.  Passenger  information.

The means used to ensure that the passenger number for which the ro-ro ferry or high-speed passenger
craft  (hereafter  referred  to  as  ‘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 undertaking 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 and of the

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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.

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.  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)  the  language  or  languages  appropriate  to  the  principal  nationalities  of  passengers  carried  on  a

particular  route;

(b) 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;

(c)  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);

(d) the  extent  to  which  complete  safety  instructions  have  been  provided  to  passengers  in  their  native

language or languages;

(e)  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.

12.  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.

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13.  Safety  equipment.

That  the  live-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.

14.  Navigational  and  radio  equipment.

That  the  navigational  and  radio  communications  equipment,  including  emergency  position-indicating
radio  beacons  (EPIRBs),  are  operational.

15.  Supplementary emergency lighting.

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

16.  Means  of  escape.

Marking,  in  accordance  with  the  applicable  requirements,  and  the  lighting,  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.

17.  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.

18.  Engine  room  cleanliness.

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

19.  Garbage disposal.

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

20.  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 the bow
visor  and  the  inner  door  and  especially  the  closing  mechanisms  and  their  associated  hydraulic
systems.

21.  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  V

CRITERIA  OF  QUALIFICATION  AND  INDEPENDENCE  FOR  QUALIFIED  INSPECTORS

(as  referred  to  in  Article  2(r))

1.  The  qualified  inspector  must  be  authorised  to  carry  out  the  specific  surveys  referred  to  in  Article  6  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  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  in  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 organisations which carry out statutory
or  classification  surveys  or  issue  certificates  for  that  ro-ro  ferry  or  high-speed  passenger  craft.

6.  Inspectors  not  fulfilling  the  above  criteria  are  also  accepted  if  they  were  employed  by  the  competent
authority  for  statutory  surveys  or  port  State  control  inspections  at  the  date  of  adoption  of  Directive
95/21/EC.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I. 

INTRODUCTION

On 19 February 1998, the Commission submitted to the Council a proposal for a Council
Directive  on  a  system  of  mandatory  surveys  for  the  safe  operation  of  ro-ro  ferry  and
high-speed craft in regular services (1). This proposal was based on Article 84(2) of the EC
Treaty.

The  Economic  and  Social  Committee  issued  its  opinion  on  9  September  1998 (2).  The
European  Parliament  issued  its  opinion  in  the  first  reading  on  7  October  1998 (3).

The  Commission  amended  its  proposal  in  the  light  of  the  European  Parliament’s  opinion
and  transmitted  it  to  the  Council  on  10  November  1998 (4).

The  Council  adopted  its  common  position  in  accordance  with  Article  189c  of  the  Treaty
on  21  December  1998.

II.  PURPOSE  OF  THE  PROPOSAL

The  Commission  proposal  aims  at  further  improving  the  safety  of  regular  ro-ro  ferry  and
high-speed  passenger  craft  services  by  submitting  them  to  extensive  surveys  before  entry
into service and at regular intervals thereafter, to investigations in marine casualties and to
new  technical  requirements.

The  proposal  is  the  latest  in  a  series  submitted  in  the  aftermath  of  the  accident  of  the
Estonia,  and  the  last  proposal  requested  by  the  Council  in  its  resolution  of  22  December
1994 on the safety of roll-on/roll-off passenger ferries (5), on the basis of which the Council
adopted  Regulation  (EC)  No  3051/95  on  the  safety  management  of  ro-ro  ferries (6),
Directive  98/41/EC  on  the  registration  of  persons  sailing  on  board  passenger  ships (7),  an
amendment (8) to Directive 94/58/EC on the training of seafarers (9), Directive 96/98/EC on
marine equipment (10)  and  Directive  98/18/EC  on  safety  rules  and  standards  for  passenger
ships (11).

By adding the controls exercised by the Member States acting as host States to the controls
already  exercised  by  the  Member  States  as  flag  States (12)  or  as  port  States (13),  the
proposed Directive will introduce a new element of accident prevention which responds to
demands  for  more  safety  on  board  ferries.  In  doing  so,  the  Directive  will  also  harmonise
the  conditions  of  competition,  without  discriminating  against  vessels  of  third  countries.

(1)  OJ  C  108,  7.4.1998,  p.  122.
(2)  OJ  C  407,  28.12.1998,  p.  106.
(3)  OJ  C  328,  26.10.1998,  p.  86.
(4)  OJ  C  384,  10.12.1998,  p.  23.
(5)  OJ  C  379,  31.12.1994,  p.  8.
(6)  OJ  L  320,  30.12.1995,  p.  14.
(7)  OJ  L  188,  2.7.1998,  p.  35.
(8)  OJ  L  172,  17.6.1998,  p.  1.
(9)  OJ  L  319,  12.12.1994,  p.  1.
(10) OJ  L  46,  17.2.1997,  p.  25.
(11) OJ  L  144,  15.5.1998,  p.  1.
(12) See  Directive  94/57/EC  on  ship  inspection  (OJ  L  319,  12.12.1994,  p.  20).
(13) See  Directive  95/21/EC  on  port  State  control  (OJ  L  157,  7.7.1995,  p.  1).

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III.  ANALYSIS  OF  THE  COMMON  POSITION

The  Council’s  common  position  followed  the  Commission’s  proposal  in  its  key  elements
but  tried  further  to  enhance  safety,  to  alleviate  the  burdens  laid  upon  shipping  companies
and  administrations,  and  to  streamline  the  Directive  with  other  Community  and  IMO
instruments.  The  common  position  provides  for  the  following:

(a)  Extensive  verifications  and  surveys  of  the  vessels  before  and  during  operation

The Member States to or from whose port a ro-ro ferry or a high-speed passenger craft
is  engaged  on  a  regular  service  of  more  than  20  miles  (host  States)  will:

—  prior  to  operation:

—  subject  these  ferries  or  craft  an  initial  verification  of  their  certificates,

classification,  voyage  data  recorder  and  stability  (Article  4),

—  check  whether  the  companies  properly  manage  the  ship  and  are  fully  willing  to
cooperate in marine casualty investigations and whether flag States concur with
those  companies  (Article  5  and  Annex  I),

—  subject  these  ships  to  an  ‘initial  specific  survey’  which  will  mainly  check  their
compliance  with  the  Convention  on  Safety  of  Life  at  Sea  (SOLAS).  (Articles  6
and  7,  Annexes  I  and  III),

—  during their operation, subject the ships to annual ‘regular specific surveys’ (Article

8  and  Annexes  I,  III  and  IV).

Article  11  contains  rules  to  be  obeyed  by  the  administrations  undertaking  the
surveys.

The companies will be informed of the outcome of the verifications and surveys (Article
9).

Where  the  standards  are  not  met,  the  ships  will  be  prevented  from  operating  or  be
required  to  correct  their  deficiencies  (Article  10).

(b) Involvement  of  host  States  in  marine  casualty  investigations  (Article  12)

The  host  States  will  have  the  right  fully  to  participate  in  enquiries  into  accidents
affecting  regular  services  serving  their  ports.  This  will  remedy  the  present  undesirable
situation where flag States, who have a virtual monopoly of investigations on maritime
accidents,  often  fail  to  launch  casualty  investigations.

(c)  Technical  and  organisational  requirements  and  monitoring  (Article  13)

Member States should operate navigational guidance systems. The Commission will set
up  a  database  concerning  the  ships  covered  by  the  Directive  in  order  to  monitor  the
developments  in  the  safety  of  the  vessels  surveyed.  Companies  must  have  contingency
plans  for  shipboard  emergencies.

IV.  AMENDMENTS  BY  THE  EUROPEAN  PARLIAMENT

The  Council  followed  the  Commission  in  its  proposals  to  accept  or  to  reject  the
amendments  of  the  European  Parliament:

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1.  Amendments by the Parliament, accepted by the Council and the Commission, either in

their  entirety  or  in  their  substance

Amendment  1:  The  purpose  of  the  Directive  (Article  1);  the  title

The  Council  accepted  the  Parliaments’  amendment  aiming  at  replacing  ‘conditions  for
the  safe  operation  . . .’  by  ‘mandatory  surveys  . . .’.  The  Council  felt  that  this  change
more  precisely  reflects  the  main  contents  of  the  Directive;  moreover,  the  Council
eliminated  the  word  ‘conditions’  that  could  imply  that  shipping  companies  need  to
obtain  a  licence  as  a  requirement  for  their  operation.  The  Parliament’s  proposal  of
aiming  at  an  ‘uniform  level  of  safety’  was  not  incorporated  at  the  Directive  only  lays
down  minimum  requirements  that  the  shipping  companies  are  free  to  exceed.

The  Council  reformulated  the  title 
Parliament.

in  accordance  with  the  modification  by

Amendment  2:  Definition  of  ‘a  passenger’  (Article  2(c)  of  the  common  position)

The Council accepted the inclusion of the definition of ‘a passenger’. However, for the
sake  of  consistency,  it  was  decided  to  adhere  to  the  definition  in  the  SOLAS
Convention taken over in Directive 98/18/EC, which does not count children under one
year  of  age  as  passengers.

Amendments 3 and 4: Services from and to the same port (Article 2(f) of the common
position)

The Council agreed to extend the Directive to services to and from the same port. For
the sake of conciseness, this was done by adding the words ‘or a series of voyages from
and  to  the  same  port  without  intermediate  calls’  to  the  opening  sentence  of  the
definition  of  ‘a  regular  service’  (Article  2(e)).

Amendment  5:  Definition  of  host  State  (Article  2(k)  of  the  common  position)

The substitution of ‘ports’ with ‘port(s)’ was accepted, as this was also in line with the
above  amendment  concerning  the  inclusion  of  services  from  and  to  the  same  port.

Amendment  9:  Concurrence  of  flag  States  (Article  6(3)  of  the  proposal;  Article  5(2)of
the  common  position)

The  Council  agreed  to  delete  Article  6(3)  of  the  proposal  in  order  not  to  burden  the
companies with the obligation to provide evidence that the flag administrations at their
ships  comply  with  the  Directive.  However,  as  the  collaboration  of  the  flag  States  was
considered  to  be  very  important,  especially  in  conducting  investigations  on  marine
casualties  involving  third-country  vessels,  the  Council  established  a  new  text  which
burden  the  host  State,  and  not  the  company,  with  the  task  of  checking  whether
third-country  flag  States  concur  with  the  commitments  undertaken  by  that  company.
The  Council  also  specified,  in  the  14th  recital,  what  kind  of  concurrence  is  expected
from  the  flag  States.

Amendment 10: Time limit for surveys (Article 8(3) of the proposal, Article 6(2) of the
common  position)

The  amendment  on  setting  a  time  limit  of  one  month  for  completing  the  initial  survey
was  accepted.  Rather  than  amending  Article  11(5),  the  Council  incorporated  this  idea
in  a  new  Article  6(2).

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Amendment  11:  Informing  the  flag  State  (Article  8(4)  of  the  proposal;  Article  11(2)  in
fine  of  the  common  position)

The  Council  accepted  that  key  findings  from  the  surveys  be  communicated  to  the  flag
State.  However,  in  order  not  unduly  to  burden  the  administrations,  only  deficiencies
discovered  are  to  be  reported.

Amendment  12:  Charging  the  costs  of  surveys  (Article  8(3)  of  the  common  position)

The  principle  was  accepted  that  companies  are  charged  for  the  costs  of  surveys  if
deficiencies  are  found,  but  only  during  the  regular  specific  surveys.  This  idea  was
incorporated in new Article 8(3) while using a wording which is very close to the one in
Article  16(1)  of  Directive  95/21/EC  on  port  State  control.

Amendment  15:  Assessment  by  the  Commission  (Article  20  of  the  common  position)

The Council agreed to asking for an assessment on the implementation of the Directive
and  introduced  this  idea  into  the  new  Article  20,  while  requiring,  in  order  to  gain
sufficient  experience,  that  the  first  report  be  submitted  only  three  years  after  the
implementation  of  the  Directive.

The  Council  also  agreed  to  the  establishment  of  a  report  concerning  progress  made  in
respect of the safety of passenger ships. However, as it is inappropriate to refer to such
a  report  in  the  framework  of  this  narrower  Directive,  the  Council,  the  Member  States
and  the  Commission  will  make  a  public  statement  to  this  effect.

2.  Amendments  by  Parliament,  not  accepted  by  the  Council,  nor  by  the  Commission

Amendment  6:  Amendment  of  the  guidelines  for  surveys  (Article  5(1)(b)  of  the
proposal;  Article  4(1)(b)  of  the  common  position)

The  Council  could  not  accept  to  refer  to  the  survey  guidelines  of  IMO  Resolution
A.746(18) as they stand ‘at the time of the survey’, as this would lead to an automatic
application of future amendments to that resolution, without any advance approval by
the Community. The Council preferred using the amendment procedure in Article 17(d)
for  that  purpose.

Amendment 7: Reference to Directive 94/57/EC (Article 5(2)(a) of the proposal, 4(1)(c)
of  the  common  position)

The Council considered that Directive 94/57/EC is already sufficiently referred to in the
definition  of  ‘a  recognised  organisation’  in  Article  2(n).

Amendment  8:  Exemption  of  voyage  data  recorders  on  board  existing  ships  (Article
5(2)(b)  of  the  proposal;  Article  4(1)(d)  of  the  common  position)

The  Council  did  not  accept  that  the  exemptions  from  meeting  the  standards  of  IMO
and IEC, to be given for VDRs on board existing ships, should be limited to a period of
five  years,  as  the  replacement  of  VDRs  could  also  involve  an  undue  technical  and
economic  burden  on  the  companies  operating  the  vessels  concerned  as  well  as  the
replacement  of  other  navigational  instruments.

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Amendment 13: Availability of information (Article 11(1) of the proposal, Article 13(3)
of  the  common  position)

The  Council  found  it  inappropriate  to  make  the  information  about  the  surveys,
contained in the Commission’s database, publicly available without guarantees for their
credibility and without safeguards against commercial abuse. This matter will be settled
under  Article  13(3),  which  provides  that  the  conditions  of  access  to  that  database  will
be  decided  under  the  ‘comitology’  procedure.

Amendments  16  and  17:  Headings  in  Annex  IV  (Data  to  be  provided  to  the
Commission)

The  Council  decided  to  delete  Annex  IV  altogether,  as  most  data  contained  therein
could  already  be  found  in  existing  databases  or  were  not  relevant  for  this  Directive,
which  mainly  concerns  the  survey  of  the  ships.  This  also  applies  to  the  proposed
amendments.

V.  AMENDMENTS  BY  THE  COUNCIL,  NOT  PROPOSED  BY  PARLIAMENT

Restructuring  of  the  text

The  Council  regrouped  the  paragraphs  in  an  attempt  to  improve  the  logic  of  the  text  in
accordance with the structure described under III. The Annex to this motivation contains a
table  of  correspondence  between  the  Commission  proposal  and  the  common  position  of
the  Council.  The  comments  below  follow  the  order  of  the  common  position.

The  recitals

The  Council  completely  redrafted  the  preamble  in  the  light  of  the  amendments  to  the
Commission’s  original  proposal  and,  in  particular,  the  modified  structure  of  the  text.

Texts  deleted  from  the  proposal

The  Council  deleted:

—  Article  4(1)  (general  requirements  to  operate),  as  the  reference  to  ‘a  requirement  for
providing  services’  could  imply  that  shipping  companies  should  obtain  a  licence  as  a
requirement  for  operation,

—  Article  10(3)  (obligation  to  provide  ships  with  an  identification  number),  as  IMO
Resolution A.600(15) was already mandatory in international trades on ships over 100
GT. However, under Article 13(3) of the common position, the procedure of Article 16
may  be  used  for  allocating  an  identification  number  to  vessels  not  covered  by  that
resolution,

—  Article  10(5),  as  this  paragraph  merely  repeated  other  parts  of  the  text,

—  Annex  IV  (information  to  be  provided  to  the  Commission)  for  the  reasons  explained

under  IV,  amendments  16/17  above  and  Article  13(3)  below.

Article  2(h)  of  the  common  position  (proposal  Article  2(g)):  definition  of  ‘certificates’

The  Council  divided  this  definition  into  two  parts  in  order  to  make  it  clear  that  the  1974
SOLAS  Convention  is  applicable  to  international  voyages  and  Directive  98/18/EC  to
domestic voyages.

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Articles  4(1)(e)  and  4(2)  of  the  common  position  (proposal  Article  5(3)):  regional  stability
requirements

The  Council  indicated  that  the  regional  agreements  on  the  stability  of  vessels,  such  as  the
agreement of Stockholm of 28 February 1996 on stability requirements for ro-ro passenger
ships,  should  only  apply  as  far  as  they  have  been  transposed  into  the  legislation  of  a  host
State  and  approved  under  the  procedure  of  Directive  98/34/EC.  Article  4(2)  was  inserted
because  the  Stockholm  Agreement  does  only  apply  to  high-speed  craft  that  have  ro-ro
characteristics.

Article  5(1)(b)  (Commission  proposal  Article  6(2)):  cooperation  of  companies  in  accident
investigations

The  Council  chose  a  more  positive  wording.

Articles 7(2) and 7(3) (new): dispensation from initial surveys in case of transfer to similar
services  or  of  urgent  replacement  ships

These  texts  were  inserted  in  order  to  avoid  a  repetition  of  surveys  where  a  ship  is
transferred  to  a  similar  route  and  to  ensure  the  continuity  of  a  service  where  a  vessel  is
introduced  to  cover  an  acute  shortage  of  capacity.  In  the  latter  case,  however,  full
verifications  have  to  be  carried  out  within  a  period  of  one  month.

Article  8(1)  of  the  common  position  (Article  7(4)  of  the  proposal):  annual  specific
surveys

The  Council  attempted  better  to  specify  the  differences  between  the  specific  surveys  in  a
port  and  the  specific  surveys  during  operation.  The  Council  also  dropped  the  idea  of  the
Commission  proposal  that  the  surveys  should  be  ‘unscheduled’.

Article  8(2)  of  the  common  position  (Article  7(3)  of  the  proposal):  specific  surveys
following  major  changes  to  the  ship  or  the  management

The  Council  added  the  second  sentence  which  provides  for  possible  dispensation  from
specific  surveys  in  case  of  change  in  management,  flag  or  class.

Article  10(1)  of  the  common  position  (Article  4(3)  of  the  proposal):  prevention  to  operate
before  entry  into  service

In points (b) and (c) (indents 3 and 4 of the proposal), the Council added that, in order to
justify prevention of operation, the deficiencies found should ‘pose an immediate danger to
life,  the  vessel  or  its  crew  and  passengers’.  This  idea  was  copied  from  Article  9(2)  of
Directive  95/21/EC  on  port  State  control.

The  condition  in  the  third  indent,  that  the  prevention  from  operation  should  last  until
removal  of  the  deficiencies,  was  placed  as  a  common  denominator  at  the  end  of  the
paragraph.

Article  10(3)  of  the  common  position  (Article  4(4)  of  the  proposal):  the  right  of  appeal

With a view to uniformising Community legislation, the Council replaced the proposed text
by  another  one,  very  similar  to  Article  10  of  Directive  95/21/EC,  while  adding  the
requirement  of  an  expeditious  handling  of  the  appeal.

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Article  10(4)  (new):  time  limit  for  adoption  of  a  decision  preventing  operation

This  text  was  inserted  in  order  to  expedite  proceedings.

Article  11(2)  (Commission  proposal  Article  8(1)):  teams  of  qualified  inspectors

The Council limited the intervention of recognised organisations (classification societies) to
the  assessment  of  the  fulfilment  of  class-related  provisions.  The  fourth  sentence  of  the
proposal  was  deleted  as  its  contents  appears  elsewhere.  The  last  sentence  corresponds  to
amendment  11  of  the  European  Parliament.

Article  11(3)  (new):  possibility  for  one  involved  host  State  to  carry  out  surveys  at  the
request  of  another  involved  Hoste  State

This possibility was introduced in order to save coasts and to speed up the execution of the
surveys.

Article  11(5)  (proposal  Article  8(3)):  surveys  to  take  account  of  the  operational  and
maintenance  schedule  of  the  ship

This  requirement,  which  in  the  Commission  proposal  concerned  initial  surveys  only,  was
extended  to  cover  regular  specific  surveys  as  well.

Article  11(8)  (proposal  Article  8(5),  second  subparagraph):  settling  disputes  among  host
States

For  the  sake  of  speed,  the  Council  deleted  the  one-month  moratorium  before  the
Commission  may  undertake  action.

Article 12(1) and new Article 12(2): (proposal Article 9(1)): powers to intervene in accident
investigations

This  paragraph  was  taken  from  Directive  94/56/EC  on  the  investigation  of  civil  aviation
accidents  and  incidents.  The  Council  amended  and  completed  the  test  in  order  to  let  the
IMO  Code  for  the  investigation  of  maritime  casualties  decide  who  will  conduct  the
investigation  (i.e.  usually  the  flag  State).

Article  12(3)  (new):  launching  of  the  accident  investigation  procedure

This text was inserted in order to expedite the initiation of investigations and to avoid that
important  evidence  would  be  lost  pending  the  designation  of  the  lead  investigating  State.

Article  12(5)  (proposal  Article  9(3):  publicity

The Council specified that the reports resulting from investigations should be made public
in  accordance  with  the  Code  for  the  investigation  of  marine  casualties.

Article  13(2)  (Commission  proposal  Article  10(2):  navigational  systems

The  Council  modified  the  text  in  order  not  to  make  the  establishment  of  navigational
systems mandatory. On the other hand, the text now indicates that where they exist, these
systems  have  to  be  operated  in  accordance  with  the  relevant  resolution  of  IMO.

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Article 13(3) (Commission proposal Article 10(4), Article 11(1) and Annex 4): information
of  the  Commission  and  database

In  order  to  avoid  overburdening  the  national  administrations  with  the  transmission  of
unmanageable  masses  of  data,  and  since  many  data  are  already  available  at  Sirenac,  the
Council reduced the duties of notification provided for in Article 10(4) to the provision of
copies of surveys reports and deleted Annex 4. The Commission will set up its database on
that  basis.

Article  14  (Commission  proposal  Article  4(5):  cooperation  among  Member  States

The cooperation among Member States was placed in a general article, so as to widen the
scope  of  that  cooperation.

Article  16  (proposal  Article  12):  ‘comitology’

For  the  sake  of  clarity,  the  Council  explicitly  wrote  down  in  the  procedure  to  be
followed.

Article  17  (proposal  Article  13):  amendment  procedure

The  Council  specified  that  only  the  more  technical  sections  of  the  Directive,  i.e.  the
Annexes,  the  definitions,  the  references  to  Community  instruments  and  IMO  resolutions
may be amended in accordance with the procedure referred to in Article 12. In compliance
with the merely implementing nature of the ‘comitology’, it was further stipulated that the
amendments  may  not  broaden  the  scope  of  the  Directive.

Article  19  (proposal  Article  15):  date  of  application

In  order  to  avoid  the  repetition  of  difficulties  whereby  delays  in  the  adoption  procedure
necessitated  a  revision  of  the  date  of  implementation,  the  Council  replaced  the  fixed
transposition  date  by  a  footnote  indicating  that  upon  publication,  a  fixed  date  will  be
inserted  into  Article  19,  which  will  be  18  months  after  entry  into  force  of  the  Directive.

Annex  I:  specific  requirements  for  companies

The  Council  made  some  minor  changes  in  paragraph  3.  In  paragraph  7,  the  number  of
MSC  Resolution  . . .  (70)  will  be  filled  in  when  that  resolution  is  adopted.

Annex  II:  Community  instruments  giving  rise  to  prevention  of  operation

The  Council  clarified  that  only  certain  parts  of  the  Directive  on  training  of  seafarers  are
relevant  for  the  purposes  of  this  Directive.

Annex  III:  procedures  for  surveys

The Council changed the word ‘guidelines’ in the title to ‘procedures’ since, under Articles
6  and  8,  Annex  III  is  mandatory  for  ordinary  surveys  and  non-mandatory  for  in-service
surveys.

All  references  to  ‘initial’  specific  surveys  were  deleted,  as  the  provisions  of  the  Annex  are
equally  applicable  to  both  initial  specific  surveys  and  regular  specific  surveys.

The  checking  of  the  inventory  of  lifeboats  (penultimate  indent  of  1),  was  modified  to  the
checking  that  the  lifeboats  correspond  to  the  inventory.

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The  checking  of  the  ship’s  hull,  machinery  etc.  (last  subparagraph  of  paragraph  2  of  the
Commission  proposal)  was  removed  as  it  duplicated  Article  4(1)(c).

In  paragraph  3  (previous  paragraph  2,  second  part),  ‘safe  manning’  and  ‘assessment  of
fatigue’  were  deleted.

In paragraph 4, the Council replaced the reference to Directive 94/58/EC by a reference to
Regulation I/10 of revised STCW, since this Directive does not apply to ships flying the flag
of  a  third  country.

Paragraph  4  of  the  Commission  proposal  was  deleted  as  it  repeated  Article  5(r).

Annex  IV  (Annex  V  of  the  proposal):  surveys  during  crossings

In  de  title,  ‘guidelines’  was  changed  to  ‘indicative  guidelines’  in  order  to  correspond  to
Article  8(1),  which  indicates  that  the  inspector  can  exercise  his  professional  judgement
when  selecting  the  items  for  inspection.  It  was  also  added  that  Annex  IV  only  applies  to
surveys  during  a  crossing.

Annex  V  (proposal  Annex  VI):  criteria  for  the  inspectors

At the end of paragraph 5, the Council replaced ‘for that purpose’ by ‘for that ro-ro ferry
of  passenger  craft’,  so  as  to  forbid  inspectors  to  inspect  a  vessel  in  whose  classification  or
certification  he  is  involved,  while  enabling  them  to  inspect  other  ships.  This  amendment
aimed  at  not  compromising  the  implementation  of  the  Directive  owing  to  the  lack  of
qualified  inspectors.

The  Council  added  a  new  paragraph  6  which  is  inspired  by  Annex  VII,  paragraph  5  of
Directive  95/21/EC  and  which  aims  at  protecting  the  vested  rights  of  inspectors  employed
by  the  relevant  authorities  at  the  date  of  adoption  of  Directive  95/21/EC.

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TABLE  OF  CORRESPONDENCE

Commission  proposal

Common  position

Article

1

2

3

4(1)

4(2)

4(3)(1)
(2)
(3)
(4)

4(4)

—

4(5)

5(1)(a)

5(1)(b)

5(2)(a)

5(2)(b)

5(3)

6(1)

6(2)

6(3)

7(1)

7(2)(1)

—

7(2)(2)

—

—

7(3)

7(4)

—

7(5)

8(1)

—

8(2)

8(3)

8(4)

8(5)(1)

(2)

8(6)

9(1)

—

—

9(2)

9(3)

10(1)

Article

1

2

3

deleted

9  and  10(1)

10(1)(a)
(d)
(b)
(c)

10(3)

10(4)  new  text

14

4(1)(a)

4(1)(b)

4(1)(c)

4(1)(d)

4(1)(e)  and  4(2)

5(1)(a)

5(1)(b)

5(2)

6(1)

4(1),  opening  sentence
5,  opening  sentence
6(1),  first  part

6(2)

7(1)

7(2)  (new  text)

7(3)  (new  text)

8(2)

8(1)

8(3)  (new  text)

11(1)

11(2)

11(3)  (new  text)

11(4)

11(5)

11(6)

11(7)

11(8)

10(2)

12(1)

12(2)  (new  text)

12(3)  (new  text)

12(4)

12(5)

13(1)

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Commission  proposal

Common  position

10(2)

10(3)

10(4)

10(5)

10(6)

10(7)

11(1)

11(2)

12

13

14

15

—

16

17

Annex  I

Annex  II

Annex  III

Annex  IV

Annex  V

Annex  VI

13(2)

deleted

13(3)

deleted

13(6)

13(7)

13(3)

15

16

17

18

19

20  (new  text)

21

22

Annex  I

Annex  II

Annex  III

deleted

Annex  IV

Annex  V