Amended proposal for a Directive of the European Parliament and of the Council on specific stability requirements for ro-ro 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, common transport policy, maritime transport, safety standard, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 4.12.2002
COM(2002) 721 final

2002/0074 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on specific stability requirements for ro-ro 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  on  specific  stability  requirements  for  ro-ro  passenger  ships  [COM(2002)  158-2,
2002/0074 (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  introduces  additional
flexibility. All these amendments have been incorporated to the present amended proposal. They
mainly concern the following areas:

(cid:1)  The  explicit  reference  in  the  recitals  that  the  deadline  for  compliance  of  existing  ro-ro
ships,  provided  in  article  7.2,  should  not  affect  the  present  enforcement  of  the  specific
stability  requirements  by  the  Member  States  parties  to  the  Stockholm  Agreement.  Such
clarification complements the reference to article 4.1.e of Council Directive 1999/35/EC1,
made in article 3.2 of the present proposal.

(cid:1)  A clarification that High-speed passenger crafts should not be required to comply with the
requirements  of  this  Directive,  provided  that  they  comply  with  the  specific  international
rules established for these type of crafts.

(cid:1)  Modifications  in  the  definitions  of  "ro-ro  passenger  ship"  and  "a  passenger"  in  order  to

align them completely with the Safety of Life at Sea (SOLAS) Convention.

(cid:1)  A  modification  in  the  deadline  for  compliance  of  ro-ro  ships  which  on  the  date  of  the
adoption  of this Directive will already comply  with  the  stability  requirements  subscribed
by the SOLAS Convention (SOLAS 90 standard). This provision, which introduces a more
flexible  deadline,  will  concern  only  ships  which  already  have  a  high  quality  stability
standard  much  earlier  than  the  1  October  2010  (compliance  deadline  with  SOLAS  90
standard).

(cid:1)  An improvement in the provisions relating to specific authorisations for seasonal and short

time operations by ro-ro ships.

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

force of the Directive.

No modifications have been introduced in the technical Annexes to the proposal (Annexes I
and II), which are not reproduced in the present amended proposal.

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

1

Council  Directive  1999/35/EC  of  29  April  1999  on  a  system  of  mandatory  surveys  for  the  safe
operation of regular ro-ro ferry and high-speed passenger craft services; OJ L 138, 1.6.1999, p. 1.

2

                                                
Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on specific stability requirements for ro-ro 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 Treaty,

Whereas:

(1) Within the framework of the common transport policy further measures must be taken

to improve safety in maritime transport of passengers.

(2)

(3)

(4)

(5)

The  Community  wishes  to  avoid  by  all  appropriate  means  shipping  accidents
involving ro-ro passenger ships and resulting in loss of life.

The  survivability  of  ro-ro  ships  following  collision  damage,  as  determined  by  their
damage stability standard, is an essential factor for the safety of passengers and crew
and  is  particularly  relevant  for  search  and  rescue  operations;  the  most  dangerous
problem  for  the  stability  of  a  ro-ro  ship  with  an  enclosed  ro-ro  deck,  following
collision damage, is the one posed by the effect of a build up of significant amount of
water on that deck.

Persons  using  ro-ro  passenger  ships  and  crew  employed  on  board  such  vessels
throughout  the  Community,  have  the  right  to  demand  the  same  high  level  of  safety
regardless of the area in which ships operate.

In view of the internal market dimension of maritime transport of passengers, action at
Community level is the most effective way of establishing a common minimum level
of safety for ships throughout the Community.

2

3

4

OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …

3

                                                
(6)

(7)

(8)

(9)

(10)

Action at Community level is the best way to ensure  the harmonised enforcement of
principles  agreed  on  within  the  International  Maritime  Organisation  (IMO),  thus
avoiding  distortions  of  competition  between  the  operators  of  ro-ro  passenger  ships
operating in the Community.

General stability requirements for ro-ro passenger vessels in damaged conditions were
established at international level by the 1990 SOLAS Conference and were  included
in the chapter  II-1, Part  B8  of  the  SOLAS  Convention  (SOLAS  90  standard).  These
requirements are applicable in the entire Community owing to the direct application to
international  voyages  of  the  SOLAS  Convention  and  the  application  to  domestic
voyages  of  Council  Directive  1998/18/EC  of  17  March  1998  on  safety  rules  and
standards for passenger ships5.

The  damage  stability  standard  of  SOLAS  90  implicitly  include  the  effect  of  water
entering the ro-ro deck in a sea state in order of 1,5 m significant wave height.

IMO  Resolution  14  of  the  1995  SOLAS  Conference,  allowed  IMO  members  to
conclude regional agreements if they consider that prevailing sea conditions and other
local conditions require specific stability requirements in a designated area.

Eight  northern  European  countries,  including  seven  Community  Member  States,
agreed in Stockholm on 28 February 1996 to introduce a higher stability standard for
ro-ro passenger vessels in damaged condition in order to take into account the effect of
water accumulation on the ro-ro deck and to enable the ship to survive in more severe
states than the SOLAS 90 standard, up to 4 m significant wave heights.

(11) Under  this  agreement,  known  as  the  Stockholm  Agreement,  the  specific  stability
standard  is  directly  related  to  the  sea  area  in  which  the  vessel  operates  and  more
particularly  to  the  significant  wave  height  recorded  in  the  area  of  operation;  the
significant  wave  height  of  the  area  where  the  ship  operates  determines  the  height  of
water  on  the  car  deck  that  would  arise  following  the  occurrence  of  an  accidental
damage.

(12) At the conclusion of the Conference at which the Stockholm Agreement was adopted,
the  Commission  noted  that  the  Agreement  was  not  applicable  in  other  parts  of  the
Community  and  announced  its  intention  to  examine  the  prevailing  local  conditions
under which ro-ro passenger ships sail in all European waters and to take appropriate
initiatives.

(13)

(14)

The  Council  entered  a  statement  in  the  minutes  of  the  2074th  Council  meeting  of
17 March 1998 stressing the need to ensure the same level of safety for all passenger
ferries  operating  in  similar  conditions,  whether  on  international  or  on  domestic
voyages.

In the aftermath of the "Express Samina"  accident, the  European Parliament adopted
on  5  October  2000,  its  resolution  B5-0783,  0787  and  0791/2000  where  it  expressly
stated  that  it  awaited  the  evaluation  by  the  Commission  of  the  effectiveness  of  the
Stockholm  Agreement  and  other  measures  for  improving  the  stability  and  safety  of
passenger ships.

5

OJ L 144, 15.5.1998, p. 1.

4

                                                
(15)

(16)

(17)

(18)

Following  an  expert  study  by  the  Commission,  the  wave  height  conditions  in  South
the  north;  while  general
European  waters  were  found  similar 
meteorological conditions may be generally more favourable in the south, the stability
standard determined in the context of the Stockholm Agreement is based solely on the
significant  wave  height  parameter  and  the  way  this  influences  the  accumulation  of
water on the ro-ro deck.

those 

in 

to 

The  application  of  Community  safety  standards  regarding  the  stability  requirements
for ro-ro passenger ships is essential for the safety of these vessels and has to be part
of the common maritime safety framework.

In the interest of improving safety and avoiding distortion of competition, the common
safety  standards  regarding  stability  should  apply  to  all  ro-ro  passenger  ships,
regardless of the flag that they fly, providing regular services to or from a port in the
Member States on international voyages.

The  safety  of  ships  is  primarily  the  responsibility  of  flag  States  and  therefore  each
Member State should ensure compliance with the safety requirements applicable to the
ro-ro passenger ships flying the flag of that Member State.

(19) Member  States  should  also  be  addressed  in  their  capacity  as  host  States;  the
responsibilities  exercised 
that  capacity  are  based  on  specific  port  State
responsibilities that are fully in line with the 1982 United Nations Convention on the
Law of the Sea (UNCLOS).

in 

(20)

The specific stability requirements introduced by this Directive should be based on a
method, as set up in the Annexes to the Stockholm Agreement, which calculates the
height of water on the ro-ro deck following a collision damage in relation to two basic
parameters:  the  ship's  residual  free  board  and  the  significant  wave  height  in  the  sea
area where the ship operates.

(21) Member States should determine and publicise the significant wave heights in the sea
areas  crossed by ro-ro passenger  ships  on  regular  service  to  or  from  their  ports
under  their  jurisdiction;  for  international  routes  the  significant  wave  heights  should,
where  applicable  and  possible,  be  established  in  agreement  between  the  States  at
both ends of the route. Significant wave heights for seasonal operation in the same sea
areas may also be determined.

(22)

(23)

(24)

Every  ro-ro  passenger  vessel  engaged  in  voyages  within  the  scope  of  this  Directive,
should  fulfil  the  stability  requirements  in  relation  of  the  significant  wave  heights
determined for its area of operation; it should carry a certificate of compliance issued
by the flag Member State, which should be accepted by all other Member States.

The SOLAS 90 stability standards  provides equivalent  level of  safety  to  the  specific
stability  requirements  established  by  this  Directive  for  ships  operating  in  sea  areas
where the significant wave height is equal or less than 1,5m.

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

5

the enforcement of the specific stability requirements by the States parties to the
Stockholm Agreement.

(24a)    Article 4.1.e. of Council Directive 1999/35/EC on a system of mandatory surveys
for  the  safe  operation  of  regular  ro-ro  ferry  and  high-speed  passenger  craft
services  provides  that  host  States  shall  check  that  ro-ro  ferries  and  high-speed
passenger crafts comply with specific stability requirements adopted at  regional
level  and  transposed  into  their  national  legislation,  when  these  ships  operate  a
service covered by that national legislation in the region concerned.

(24b)   High-speed passenger crafts as defined in Regulation 1 of Chapter X of the 1974
Safety of Life at Sea (SOLAS) Convention, as amended, should not be required to
comply with the provisions of this Directive, provided that they comply entirely
with  the  provisions  of  the  IMO  "International  Code  for  Safety  of  High  Speed
Craft", as amended."

(25)

(26)

Since the measures necessary for the implementation of this Directive are measures of
general  scope  within  the  meaning  of  Article  2  of  Council  Decision  1999/468/EC  of
28 June  1999  laying  down  the  procedures  for  the  exercise  of  implementing  powers
conferred  on  the  Commission6,  they  should  be  adopted  by  use  of  the  regulatory
procedure provided for in Article 5 of that Decision.

Since the objectives of the proposed action, namely to safeguard human life at sea by
improving  the  survivability  of  ro-ro  vessels  in  the  event  of  damage,  cannot  be
sufficiently achieved by the Member States and can therefore, by reason of the scale
and effects of the action, be better achieved at Community level, the Community may
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5
of  the  Treaty.  In  accordance  with  the  principle  of  proportionality,  as  set  out  in  that
Article, this Directive does not go beyond what is necessary in order to achieve those
objectives.

HAVE ADOPTED THIS DIRECTIVE:

Article 1
Purpose

The purpose of this Directive is to lay down a uniform level of specific stability requirements
for ro-ro passenger ships, which will improve the survivability of this type of vessels in case
of collision damage and provide a high higher level of safety for the passengers and the crew.

Article 2
Definitions

For the purpose of this Directive, the following definitions shall apply:

(a)

"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-2/3 of the
International  Convention  for  the  Safety  of  Life  at  Sea  1974,  as  amended;

6

OJ L 184, 17.7.1999, p. 23.

6

                                                
(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

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;

"new ship" means a ship the keel of  which  is laid or which  is at  a  similar  stage  of
construction on or after 1 October 2004 : a similar  stage of construction means  the
stage at which:

(i)

construction identifiable with a specific ship begins; and

(ii)

assembly of that ship has commenced comprising at least 50 tonnes or 1% of
the estimated mass of structural material, whichever is less;

"an existing ship" means a ship which is not a new ship;

"a passenger" is every person other than 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 other than a child under one year of age;

"International Conventions" means the 1974 International Convention for the Safety
of Life at Sea (the 1974 SOLAS Convention), and the 1966 International Convention
on Load Lines, together with Protocols and amendments thereto in force on the date
of adoption of this Directive;

"regular  service"  means  a  series  of  ro-ro  passenger  ship  crossings  serving  traffic
between the same two or more ports, which is operated either:

(i)

according to a published timetable; or

(ii) with  crossings  so  regular  or  frequent  that  they  constitute  a  recognisable

systematic series;

"Stockholm  Agreement"  means  the  Agreement  concluded  at  Stockholm  on  27  and
28 February  1996  in  pursuance  of  SOLAS  95  Conference  Resolution  14  "Regional
Agreements on Specific Stability Requirements for ro-ro Passenger Ships", adopted
on 29 November 1995;

"administration of flag State' means the competent authorities of the State whose flag
the ro-ro passenger ship is entitled to fly;

"host State" means a Member State to or from whose ports a ro-ro passenger ship is
engaged on a regular service;

"international voyage" means a sea voyage from a port of a Member State to a port
outside that Member State, or vice versa;

"specific stability requirements" means the stability requirements set out in Annex I";

"significant  wave  height"  or  ("hs")  is  the  average  height  of  the  one  third  highest
observed wave heights over a given period;

"residual freeboard" is the minimum  distance  between  the  damaged  ro-ro  deck  and
the waterline at the location of the damage, without taking into account the additional
effect of the sea water accumulated on the damaged ro-ro deck.

7

Article 3
Scope

1.

2.

This Directive shall apply to all ro-ro passenger ships operating to or from a port of a
Member  State  on  a  regular  service,  regardless  of  their  flag,  when  engaged  on
international voyages.

Each  Member  State,  in  its  capacity  as  host  State,  shall  ensure  that  ro-ro  passenger
ships, flying the flag of a State which is not a Member State, comply fully with the
requirements  of  this  Directive  before  they  may  be  engaged  on  voyages  from  or  to
ports of that Member State in accordance with the provisions of article 4 of Directive
1999/35/EC.

Article 4
Significant wave heights

The significant wave heights (hs) shall be used for determining the height of water on the car
deck  when  applying  the  specific  stability  standard  contained  in  Annex  1.  The  figures  of
significant wave heights shall be those which are not exceeded by a probability of more than
10% on a yearly basis.

Article 5
Sea Areas

1.

2.

3.

1.

Member  Host  States  shall  establish,  not  later  than  six  months  before  the  date
mentioned in Article 13, a list of sea areas under their jurisdiction crossed by ro-ro
passenger  ships  operating  on  regular  service  to  or  from  their  ports  and  the
corresponding values of significant wave heights.

The sea areas and the applicable values of the significant wave height in these areas
shall be defined by agreement between the Member States or, where applicable and
possible,  between  Member  States  and  third  countries  at  both  ends  of  the  route.
Where  the  ship's  route  crosses  more  than  one  sea  area,  the  ship  shall  satisfy  the
specific  stability  requirements  for  the  highest  value  of  significant  wave  height
identified for these areas.

The  list  shall  be  notified  to  the  Commission  and  published  in  a  public  database
available  in  the  internet  site  of  the  competent  maritime  authority.  The  location  of
such information as well as any updates to the list and the reasons for such updates
shall also be notified to the Commission.

Article 6
Specific stability requirements

Without prejudice to the requirements of regulation II-1/8 of the Safety of Life at Sea
(SOLAS)  Convention  relating  to  watertight  subdivision  and  stability  in  damaged
condition, all ro-ro passenger ships referred to in Article 3 (1) shall comply with the
specific stability requirements set out in Annex I to this Directive.

8

2.

3.

1.

2.

1

2.

3.

For  ro-ro  passenger  ships  operating  exclusively  in  sea  areas  where  the  significant
wave height is equal to or lower than 1,5 metres, compliance with the requirements
of  regulation  II-1/8  the  Safety  of  Life  at  Sea  (SOLAS)  Convention  shall  be
considered equivalent to compliance  with the specific stability requirements  set  out
in Annex I.

In  applying  the  requirements  set  out  in  Annex  I,  Member  States  shall  use  the
guidelines set  out  in Annex  II, in  so far  this  is practicable and compatible  with the
design of the ship in question.

Article 7
Introduction of the specific stability requirements

New  ro-ro  passenger  ships  shall  comply  with  the  specific  stability  requirements  as
set out in Annex I.

Existing  ro-ro  passenger  ships,  with  the  exception  of  those  ships  to  which
Article 6.2 applies, shall comply with the specific stability requirements as set out in
Annex I by not later than 1 October 2010.

Existing  ro-ro  passenger  ships  which  on  the  date  of  the  adoption  of  this
Directive  are  in  compliance  with  the  requirements  of  regulation  II-1/8  of  the
Safety of Life at Sea (SOLAS) Convention (SOLAS 90 Standard) shall comply
with the specific stability requirements as set out in Annex I by no later than 1
October  2015.  This  provision  is  without  prejudice  to  Article 4.1.e  of  Directive
1999/35/EC.

Article 8
Certificates

All  new  and existing ro-ro  passenger ships  flying  the  flag  of  a  Member  State  shall
carry  a  certificate  confirming  compliance  with  the  specific  stability  requirements
established in Article 6 and Annex I.

This certificate shall be issued by the Administration of the flag State and, may be
combined  with  other  related  certificates,  and  will  indicate  the  significant  wave
height up to which the ship can satisfy the specific stability requirements as well as
the area for which the certificate has been originally issued.

The certificate shall remain valid as long as the vessel operates in the same an area
with or in another area within which the same or a lower value of significant wave
height has been registered.

Each Member State acting in its capacity as host State shall recognise the certificate
issued by another Member State in pursuance of this Directive.

Each  Member  State  acting  in  its  capacity  as  host  State  shall  accept  the  certificate
issued  by  a  non  member  country  certifying  that  a  ship  complies  with  the  specific
stability requirements established.

9

Article 9
Seasonal and short time period operations

1.

If  a shipping company  operating  a  regular  scheduled  service  on  a  year  round  basis
wishes  to  introduce additional ro-ro  passenger  ships to operate for  a shorter  season
period  on  that  service,  it  shall  notify  the  competent  authority  of  the  host  state  or
states not later than three one months before the said additional ships are operated on
that  service.  However,  in  cases  where,  following  unforeseen  circumstances,  a
replacement  ro-ro  passenger  ship  must  be  introduced  rapidly  to  ensure
continuity of service, the provisions of Directive 1999/35 shall apply.

1a.          If a shipping company wishes to operate seasonally a regular scheduled service
for  a  shorter  time  period  not  exceeding  six  months  a  year,  it  shall  notify  the
competent  authority  of  the  host  state  or  states  not  later  than  three  months
before such operation takes place.

Where  such  seasonal  operations  takes  place  under  conditions  of  lower  significant
wave height than those established for the same sea area for a year round operation,
the seasonal significant wave height value applicable for this shorter time period
may  be  used  by  the  competent  authority  for  determining  the  height  of  water  when
applying the specific stability standard contained in Annex I. The seasonal value of
the significant  wave height  to  apply  applicable  for  this  shorter time  period shall  be
agreed  between  the  Member  States  or,  where  applicable  and  possible,  between
Member States and third countries at both ends of the route.

2.

Following  agreement  of  the  competent  authority  of  the  host  State  or  States  for  a
seasonal operations within the meaning of paragraph 1 and  1a, the ro-ro passenger
ship  which  undertakes  such  seasonal  operations  shall  have  to  carry  a  certificate  of
compliance with the provisions of this Directive, as provided for in Article 8(1).

Article 10
Adaptations

In  order  to  take  account  of  developments  at  international  level  and,  in  particular,  in  the
International Maritime Organisation (IMO) or to improve the effectiveness of this Directive in
the  light  of  experience  and  of  the  technical  progress,  the  Annexes  may  be  amended  in
accordance with the procedure laid down in Article 11 (2).

1.

2.

7

Article 11
Committee

The Commission shall be assisted by the Committee set up pursuant to Article 12(1)
of  Directive  93/75/EEC7  composed  of  representatives  of  the  Member  States  and
chaired by the representative of the Commission.

Where  reference  is  made  to  this  paragraph,  the  regulatory  procedure  laid  down  in
Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) and
Article 8 thereof.

OJ L 247, 5.10.1993, p. 19.

10

                                                
3.

The period provided for in Article 5 (6) of  Decision 1999/468/EC shall  be of eight
weeks.

Article 12
Penalties

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the
national  provisions  adopted  pursuant  to  this  Directive  and  shall  take  all  the  measures
necessary to ensure that they are implemented. The penalties provided for shall be effective,
proportionate and dissuasive.

Article13
Implementation

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.

Article 14
Entry into force

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

Article 15
Addressees

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament
The President

For the Council
The President

11