Directive 2003/24/EC of the European Parliament and of the Council of 14 April 2003 amending Council Directive 98/18/EC on safety rules and standards for passenger ships
Date: 2003-04-14
Institutions: Council of the European Union, European Parliament
Subjects: carriage of passengers, maritime transport, physically disabled person, safety standard, transport safety

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Official Journal of the European Union

17.5.2003

DIRECTIVE 2003/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 April 2003

amending Council Directive 98/18/EC on safety rules and standards for passenger ships

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 Commission (1),

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

(5)

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

also apply to certain categories of such vessels operating
on domestic services under the same sea conditions.
Failure to apply such stability requirements should be
grounds for phasing out ro-ro passenger ships after a
certain number of years of operation.

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 to the part of
the industry
to that end, a
affected sufficient
should be
phasing-in timetable
provided. This phasing-in timetable should not affect the
enforcement of the specific stability requirements in the
sea areas covered by the Annexes to the Stockholm
Agreement of 28 February 1996.

time to comply:

existing ships

for

Whereas:

(1)

(2)

Council Directive 98/18/EC of 17 March 1998 on safety
rules and standards for passenger ships (4) introduces a
uniform level of safety of life and property on new and
existing passenger ships and high-speed passenger craft,
when both categories of ships and craft are engaged on
domestic voyages, and lays down procedures for negotia-
tion 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 diffi-
cult 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 deroga-
tion given to Greece in relation to the timetable for the
application of the safety requirements should be deleted.

(4)

Directive 2003/25/EC of the European Parliament and of
the Council of 14 April 2003 on specific stability
requirements for ro-ro passenger ships (5)
introduces
strengthened stability requirements for ro-ro passenger
vessels operating on international services to and from
Community ports, and this enhanced measure should

(1) OJ C 20 E, 28.1.2003, p. 51.
(2) Opinion delivered on 11 December 2002 (not yet published in the

Official Journal).

(3) Opinion of the European Parliament of 7 November 2002 (not yet
published in the Official Journal), and Council Decision of 17 March
2003.

(4) OJ L 144, 15.5.1998, p. 1. Directive as last amended by Directive
2002/84/EC of the European Parliament and of the Council (OJ L
324, 29.11.2002, p. 53).

(5) See page 22 of this Official Journal.

(6)

(7)

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 flex-
ible and rapid manner.

By virtue of Directive 98/18/EC, the International Code
for Safety of High-Speed Craft contained in IMO Mari-
time Safety Committee Resolution MSC 36 (63) of 20
May 1994 applies to all high-speed passenger craft oper-
ating 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 inter-
national level, also to high-speed passenger craft oper-
ating on domestic services.

(8)

It is important to apply appropriate measures to ensure
the access in safe conditions of persons with reduced
mobility to ships and high-speed passenger craft oper-
ating on domestic services in the Member States.

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(9)

Directive 98/18/EC should therefore be amended accord-
ingly,

All ro-ro passenger ships of Classes A and B, the keel
2.
of which is laid or which are at a similar stage of construc-
tion before 1 October 2004 shall comply with Articles 6, 8
and 9 of Directive 2003/25/EC 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 October 2015.

HAVE ADOPTED THIS DIRECTIVE:

Article 6b

Article 1

Safety requirements for persons with reduced mobility

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

1.

in Article 2 the following points shall be 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 I.’

‘(ha) “age” means the age of the ship, expressed in number

of years after the date of its delivery.’

‘(w) “persons with reduced mobility” means anyone who
has a particular difficulty when using public transport,
including elderly persons, disabled persons, persons
with sensory impairments and wheelchair users, preg-
nant women and persons accompanying small chil-
dren.’;

2. Article 4(2) shall be replaced by the following:

‘2.

Each Member State shall:

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

(b) publish the list in a public database available on the

Internet site of the competent maritime authority;

(c) notify to the Commission the location of such informa-
tion, and when modifications are made to the list.’;

3. the following Articles shall be inserted:

‘Article 6a

Stability requirements
passenger ships

and phasing-out of

ro-ro

1.
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
Articles 6, 8 and 9 of Directive 2003/25/EC of the European
Parliament and of the Council of 14 April 2003 on specific
stability requirements for ro-ro passenger ships (*).

1. Member States shall ensure that appropriate measures
are taken, based, where practicable, on 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 trans-
port, the keel of which is laid or which are at a similar stage
of construction on or after 1 October 2004.

2. Member States shall cooperate with and consult orga-
nisations representing persons with reduced mobility on the
implementation of the guidelines included in Annex III.

3.
For the purpose of modification of passenger ships of
Classes A, B, C and D and high-speed passenger 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 forward that plan to the Commission not later than 17
May 2005.

4. 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 passenger craft, not later than 17 May
2006.

(*) OJ L 123, 17.5.2003, p. 22.’

4. Annex III shall be added, as set out in the Annex.

Article 2

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

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Article 3

Article 5

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive before 17 November 2004. They shall forthwith inform
the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. The
methods of making such a reference shall be laid down by the
Member States.

This Directive is addressed to the Member States.

Done at Luxembourg, 14 April 2003.

Article 4

For the European Parliament

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

P. COX

The President

For the Council

A. GIANNITSIS

The President

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ANNEX

‘ANNEX III

GUIDELINES FOR SAFETY REQUIREMENTS FOR PASSENGER SHIPS AND HIGH-SPEED PASSENGER
CRAFT FOR PERSONS WITH REDUCED MOBILITY

(as referred to in Article 6b)

In applying the guidelines of this Annex, 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, and can be ensured access between decks, either unassisted or by means of ramps, eleva-
tors 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 visually and verbally to provide announcements, such as
those regarding delays, schedule changes and on-board services, to persons with various forms of reduced mobility.

4. Alarm

The alarm system and alarm buttons must be designed so as to be accessible by and to alert all passengers with
reduced mobility, including persons with sensory disabilities and persons with learning disabilities.

5. Additional requirements ensuring mobility inside the ship

Handrails, corridors and passageways, doorways and doors shall accommodate the movement of a person in a wheel-
chair. 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.’