Amended proposal for a Directive of the European Parliament and of the Council amending Council Directive 98/18/EC of 17 March 1998, on safety rules and standards for passenger ships (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2002-12-04
Institutions: European Commission
Subjects: carriage of passengers, maritime safety, maritime transport, safety standard, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 4.12.2002
COM(2002) 720 final

2002/0075 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Directive 98/18/EC of 17 March 1998, on safety rules and standards
for passenger ships

(presented by the Commission pursuant to Article 250 (2)
of the EC-Treaty)

EXPLANATORY MEMORANDUM

During its Plenary Session of 7 November 2002 the European Parliament approved, subject to a
number  of  amendments,  the  Commission’s  proposal  for  a  European  Parliament  and  Council
Directive  amending  Council  Directive  98/18/EC  of  17  March  1998,  on  safety  rules  and
standards for passenger ships [COM(2002) 158-3, 2002/0075 (COD)].

The European Parliament largely agrees with the main elements of the Commission’s proposal.
However,  it  formulated  a  number  of  amendments,  on  the  basis  of  which  the  Commission
proposes to introduce some modifications to its original text.

Most  of  the  amendments  proposed  by  the  European  Parliament  are  clarifications  and
improvements to the current text of the Commission proposal. Others offer added value to the
proposal,  strengthening  some  of  its  aspects,  while  one  amendment  has  been  justified  by  the
Parliament  on  grounds  of  subsidiarity.  All  these  amendments  have  been  incorporated  to  the
present amended proposal. They mainly concern the following areas:

(cid:1)  An  addition  in  the  recitals  clarifying  that  the  timetable  for  the  introduction  of  specific
stability requirements to existing ro-ro ships, provided in new article 6a.2, should not affect
the present enforcement of the specific stability requirements by the Member States parties
to the Stockholm Agreement.

(cid:1)  The addition of two new definitions in article 2 of the Directive. The first clarifies the term
"ro-ro passenger ship" in line with the SOLAS definition as appearing in the Annex I of the
Directive  and  the  second  the  term  "age"  of  a  ship  in  line  with  existing  Community
legislation1.

(cid:1)  An  adjustment  to  the  definition  of  "persons  with  reduced  mobility"  in  order  to  make  it

shorter and more specific to transport of passengers by sea.

(cid:1)  Clarifications to the new article 6a, concerning specific stability requirements for domestic
ro-ro  passenger  ships,  in  order  to  provide  direct  references  to  the  relevant  articles  of  the
new Directive on specific stability requirements for ro-ro passenger ships.

(cid:1)  The  deletion  of  the  provision  on  the  harmonisation  of  stability  requirements  on  ro-ro
passenger  ships  operating  close  to  the  coast  (classes  C  and  D  ships)  built  prior  to
1/10/2004,  which  are  presently  covered  by  national  requirements  equivalent  to  SOLAS.
The  European  Parliament  stressed  the  fact  that  the  present  arrangements  have  the
advantage of taking into account the  local  character  in  the  operation  of  these  ships.  This
position was accepted by the Commission in a spirit of political compromise.

(cid:1)  An  addition  in  the  new  article  6b,  on  accessibility  and  safety  requirements  on  board
passenger  ships  for  persons  with  reduced  mobility,  in  order  to  specify  that  these
requirements apply to public transport means. Adjustments are also introduced in the same
article as to the dates by which the Member States will have to report to the Commission
on the implementation of these measures.

1

The same definition appears in the European Parliament and Council Regulation 417/2002 of 18.2.2002
on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers
and repealing Council Regulation (EC) No 2978/94. OJ L 64 of 7.3.2002, p.1

2

                                                
(cid:1)  Improvements to the text of the new Annex III (guidelines), with a specific reference to the
IMO  recommendation  for  elderly  and  disable  persons  and  some  additions  to  the  text  in
favour of passengers with sensory disabilities.

(cid:1)  A modification in the implementation date of the Directive which shall be 18 months from

the entry into force of the Directive.

Therefore  in  compliance  with  Article  250,  paragraph  2  of  the  EC  Treaty,  the  Commission
modifies its proposal.

3

2002/0075 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Directive 98/18/EC of 17 March 1998, on safety rules and standards
for passenger ships

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 80(2) thereof,

Having regard to the proposal from the Commission2,

Having regard to the opinion of the Economic and Social Committee3,

Having regard to the opinion of the Committee of the Regions4,

Acting in accordance with the procedure laid down in Article 251 of the Treaty5,

Whereas:

(1)

(2)

Council  Directive  98/18/EC  of  17  March  1998  on  safety  rules  and  standards  for
passenger ships6 introduces a uniform level of safety of life and property on new and
existing passenger ships and high speed craft, when both categories of ships and craft
are  engaged  on  domestic  voyages,  and  lays  down  procedures  for  negotiation  at
international  level  with  a  view  to  a  harmonisation  of  the  rules  for  passenger  ships
engaged on international voyages.

The  definition  of  sea  areas  is  crucial  to  determine  the  application  of  Directive
98/18/EC  to  different  classes of passenger ships. The  Directive  includes  a  procedure
for  the  publication  of  lists  of  sea  areas  that  has  proved  difficult  to  implement.  It  is
therefore  necessary  to  establish  a  functional  and  transparent  procedure,  enabling
effective monitoring of the implementation of the Directive.

(3) With a view to harmonising the level of safety applying to passenger ships across the
Community,  the  derogation  given  to  Greece  in  relation  to  the  timetable  for  the
application of the safety requirements should be deleted.

2

3

4

5

6

OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ L 144, 15.5.1998, p. 1

4

                                                
(4)

Directive  [yyyy/xx/EC  on  specific  stability  requirements  for  ro-ro  passenger  ships7]
introduces strengthened stability requirements for ro-ro passenger vessels operating on
international  services  to  and  from  Community  ports,  and  this  enhanced  measure
should also apply to such vessels operating on domestic services under  the same sea
conditions. Failure to apply such stability requirements should be ground for phasing
out ro-ro passenger ships after certain years of operation.

(4a)      In  view  of  the  structural  modifications  that  the  existing  ro-ro  passenger  ships
may need to undergo in order to comply with the specific stability requirements,
those requirements should be introduced over a period of years in order to allow
sufficient  time  to  the  affected  part  of  the  industry  to  comply:  to  that  end,  a
phasing-in  timetable  for  existing  ships  should  be  provided.  This  phasing-in
timetable should not affect the enforcement of the specific stability requirements
by the States parties to the Stockholm Agreement.

(5)

(6)

It is necessary to take account of changes that have been made to relevant international
instruments,  such  as  the  International  Maritime  Organisation  (IMO)  conventions,
protocols, codes and resolutions, and to do so in a flexible and rapid manner.

By  virtue  of  Directive  98/18/EC,  the  International  Code  for  Safety  of  High  Speed
Craft  contained  in  IMO  Maritime  Safety  Committee  Resolution  MSC  36  (63)  of
20 May 1994 applies to all high speed craft operating on domestic services. The IMO
has  adopted  a  new  high  speed  craft  code,  the  International  Code  for  Safety  of  High
Speed Craft, 2000 (2000 HSC Code), contained in IMO Maritime Safety  Committee
Resolution  MSC  97(73)  of  5  December  2000,  applying  to  all  high  speed  craft
constructed on or after 1 July 2002. It is important to ensure that Directive 98/18/EC
can  be  updated  in  a  flexible  manner  to  apply  such  developments  at  the  international
level, also to high speed craft operating on domestic services.

(7)

It is important to have regard to the level of safety and access  guaranteed to persons
with  reduced  mobility  when  travelling  on  passenger  ships  and  high  speed  craft  on
domestic services in the Member States.

(8)

Directive 98/18/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 98/18/EC is hereby amended as follows:

1)

In Article 2 the following points is are added:

"ea)       "ro-ro passenger ship" means a ship carrying more than 12 passengers, having
ro-ro cargo spaces or special category spaces, as defined in regulation  II-2/A/2
contained in Annex;

ha)         "age"  shall  mean  the  age  of  the  ship,  expressed  in  number  of  years  after  the

date of its delivery.

7

OJ L …, …, p. …

5

                                                
(w)

2)

“2.

(a)

(b)

(c)

“persons  with  reduced  mobility”  means  all  people  who  have  a  anyone  who  has  a
particular  difficulty  when  using  public  transport,  including  elderly  persons,  such
as disabled people persons, persons (including people with sensory and intellectual
impairments, and wheelchair users), people with limb impairments, people of small
stature,  people  with  heavy  luggage,  elderly  people,  pregnant  women,  people  with
shopping trolleys, and people with persons accompanying small children(including
children seated in push chairs)."

Article 4, paragraph 2 is replaced by the following:

Each Member State shall:

establish  and  promptly  update,  when  necessary,  a  list  of  sea  areas  under  its
jurisdiction,  delimiting  the  zones  for  the  all-year-round  and,  where  appropriate,
restricted periodical operation of the classes of ships, using the criteria for classes set
out in paragraph 1;

publish  the  list  in  a  public  database  available  on  the  Internet  site  of  the  competent
maritime authority;

notify to the Commission the location of such information, and when modifications
are made to the list.”

3)

Articles 6a and 6b are inserted :

“Article 6a

Stability requirements and phasing-out of ro-ro passenger ships

1.

2.

All ro-ro passenger ships of Classes A, B, and C, the keel of which is laid or which
are at a similar stage of  construction  on  or after 1 October  2004 shall comply  with
the  provisions  of  Articles  6,  8  and  9  specific  stability  requirements  set  out  in
Directive  [yyyy/xx/EC]  on  specific  stability  requirements  for  ro-ro  passenger
ships.

All ro-ro passenger ships of Classes A and B, the keel of which is laid or which are at
a  similar  stage  of  construction  before  1  October  2004  shall  comply  with  the
provisions of Articles 6, 8 and 9 specific stability requirements set out in Directive
[yyyy/xx/EC]  on  specific  stability  requirements  for  ro-ro  passenger  ships  by
1 October 2010, unless they are phased out on that date or on a later date on which
they reach the age of 30 years but in any case not later than 1 January October 2015.

3.            All ro-ro passenger ships of Classes C and D, the keel of which is laid or which are at
a  similar  stage  of  construction  before  1  October  2004  shall  comply  with  the
provisions  of  paragraph  II-1/B/8  of  Annex  I  by  1  October  2010,  unless  they  are
phased out on that date or on a later date on which they reach the age of 30 years but
in any case not later than 1 January 2015."

6

“Article 6b

Safety requirements for persons with reduced mobility

1.

2.

3.

4.

Member  States  shall  ensure  that  take  appropriate  measures  are  taken,  based  on,
where  practicable,  the  guidelines  in  Annex  III  to  enable  persons  with  reduced
mobility to have safe access to all passenger ships of Classes A, B, C and D and to
all high speed passenger craft, used for public transport, the keel of which is laid or
which are at a similar stage of construction on or after 1 October 2004.

Member States shall co-operate with and consult organisations representing persons
with reduced mobility on the implementation of the guidelines included in Annex III.

For the purpose of modification of passenger ships of Classes A, B C and D and high
speed craft,  used for public transport,  the  keel  of  which  is  laid  or  which  are  at  a
similar stage of construction before 1 October 2004, Member States shall apply the
guidelines in Annex III as far as reasonable and practicable in economic terms.

Member States shall draw  up  a national  action plan on how the guidelines shall  be
applied to such ships and craft. They shall communicate that plan to the Commission
not later than 24 months from the entry into force of the Directive.

Member States shall report to the Commission on the implementation of this Article
as regards all passenger ships referred to in paragraph 1, passenger ships referred to
in paragraph 3 certified to carry more than 400 passengers and all high speed crafts,
before 1 October 2007 not later than 36 months from the entry into force of the
Directive."

4)

Article 8, is amended as follows:

(a) in point (a) the following subpoint is inserted:

“and

(iii)

the  provisions  relating  to  the  High  Speed  Craft  Code,  and  subsequent  amendments
thereto, referred to in Articles 4 (3), 6 (4), 10 (3) and 11 (3).”

(b) the following point (c) is added:

"(c) Annexes II and III may  be amended to improve the technical specifications, in
the light of experience."

5)

Annex III is added, as set out in the Annex.

Point (g) of Article 6 (3) of Directive 98/18/EC is deleted with effect from 1 January 2005.

Article2

7

Article 3

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions
necessary to comply with this Directive by 1 January 2004 at the latest 18 months from its
entry into force. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive
or be accompanied by such a reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

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

Article 4

Article 5

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

8

ANNEX

"Annex III : Guidelines for safety requirements for passenger ships and high speed craft
for persons with reduced mobility

(as referred to in Article 6b)

In  applying  the  guidelines  of  Annex  III,  Member  States  shall  follow  the  IMO  circular
MSC/735  of  24  June  1996  entitled  "Recommendation  on  the  design  and  operation  of
passenger ships to respond to elderly and disabled persons needs.

1.

Access to the ship

The  ships  should  be  constructed  and  equipped  in  such  a  way  that  a  person  with
reduced  mobility  can  embark  and  disembark  easily  and  safely,  can  be  ensured
access  between  decks,  either  unassisted  or  by  means  of  ramps,  elevators  or  lifts.
Directions  to  such  access  should  be  posted  at  the  other  accesses  to  the  ship  and  at
other appropriate locations throughout the ship.

2.

Signs

Signs provided on a ship to aid passengers should be accessible and easy to read for
persons with reduced mobility, including persons with sensory disabilities, and be
positioned at key points.

3.

Means to communicate messages

The  operator  should  have  the  means  onboard  the  vessel  to  visually  and  verbally
provide  announcements,  such  as  regarding  delays,  schedule  changes  and  on-board
services, to persons with different forms of reduced mobility.

4.

Alarm

The  alarm  system  must  be  designed  to  be  accessible  by  and  to  alert  all
passengers  with  reduced  mobility  including  persons  with  sensory  disabilities
and  persons  with  learning  disabilities.  Alarm/call  buttons  shall  be  available  and
accessible to passengers with reduced mobility.

5.

Additional requirements ensuring mobility inside the ship

Handrails,  corridors  and  passageways,  doorways  and  doors  shall  accommodate  the
movement of a person in a wheelchair. Elevators, vehicle decks, passenger lounges,
accommodation  and  washrooms  shall  be  designed  in  order  to  be  accessible  in  a
reasonable and proportionate manner to persons with reduced mobility."

9