2003/587/EC: Commission Decision of 5 August 2003 on compliance of the fire-extinguishing system used on the ro-ro ferry "Finnsailor" (IMO No 8401444) with Council Directive 1999/35/EC of 29 April 1999 (notified under document number C(2003) 2819)
Date: 2003-08-05
Institutions: European Commission
Subjects: Finland, approval, carriage of passengers, ferryboat, fire protection, maritime transport, ship's flag, transport safety

6.8.2003

EN

Official Journal of the European Union

L 198/17

COMMISSION

COMMISSION DECISION

of 5 August 2003

on compliance of the fire-extinguishing system used on the ro-ro ferry ‘Finnsailor’ (IMO No
8401444) with Council Directive 1999/35/EC of 29 April 1999

(notified under document number C(2003) 2819)

(Only the Finnish and Swedish texts are authentic)

(2003/587/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 (1),
as amended by Directive 2002/84/EC of the European Parlia-
ment and of the Council (2), and in particular Article 11(8)
thereof,

Whereas:

(1)

(2)

(3)

(4)

Council Directive 1999/35/EC provides for a system of
mandatory surveys of ro-ro ferries on regular services to
or from ports in the Member States to ensure that the
ship carries valid certificates; and it also provides for
cooperation between the administrations of two or more
host States involved in a specific survey of the same ship
or craft.

In case of persistent disagreement between host States
on the results of a specific survey, the administration of
any host State involved in this survey shall immediately
notify the Commission of the reasons of the disagree-
ment, according to Article 11(7) of Directive 1999/35/
EC.

According to Article 11(8) of Council Directive 1999/
35/EC, the Commission shall take a decision, based on
the opinion of the Committee, set up by article 16 of
the Directive, should there be persistent disagreement
between these administrations.

The Kingdom of Sweden, in its capacity as host State, on
3 July 2002 notified the Commission of a persistent
disagreement with the Republic of Finland, regarding the
fire-extinguishing system used in the motor vehicle deck
of the ro-ro ferry ‘Finnsailor’ (IMO (3) No 8401444) (4)
in the view of
sailing under Finnish flag, and that

(5)

(6)

(7)

(1) OJ L 138, 1.6.1999, p. 1.
(2) OJ L 324, 29.11.2002, p. 53.
(3) International Maritime Organisation.
(4) In the event of a change of name of the ship, the IMO number shall

(8)

apply as identification.

Sweden this ship fails to comply with the International
Convention on the Safety of Life at Sea (SOLAS) require-
ments for areas of a ship to which passengers have
access during the voyage, as well as during loading and
unloading.

The special category space of a ship as defined in Regu-
lation II-2/3.18 of SOLAS, is ‘an enclosed space above or
below the bulkhead deck intended for the carriage of
motor vehicles with fuel
in their tanks for their own
propulsion, into and from which such vehicles can be
driven and to which passengers have access’; the motor
vehicle deck to which passengers have access during at
least the loading and unloading, shall be considered a
‘special category space’ and a ‘passenger space’.

According to SOLAS, special category spaces shall be
fitted with a fixed fire-extinguishing system according to
Regulation II-2/37.1.3, such as a fixed pressure water
spraying system, or other system that is not less effec-
tive, according to IMO Resolution A.123(V), in control-
ling fires likely to occur in such spaces at any time.

A gas-based fixed fire-extinguishing system, such as a
is not considered suffi-
carbon-dioxide-based system,
ciently effective in controlling fires that are likely to
occur in special category spaces,
in particular during
loading or unloading, when the space is not closed, and
hence not gas-tight;
in addition a fire-extinguishing
system giving off toxic gases in quantities as to endanger
persons is not permitted, and therefore its gas connec-
tions shall be blanked in cargo spaces, when used as
passenger
instance during loading and
unloading.

spaces,

for

For the relevant certificates to be valid, a water-based
be
fixed
installed in special category spaces.

fire-extinguishing

system shall

therefore

L 198/18

EN

Official Journal of the European Union

6.8.2003

(9)

The measure provided for in this Decision is in accor-
dance with the opinion of the Committee on Safe Seas,
set up by Regulation (EC) No 2099/2002 of
the
European Parliament and of the Council (1),

Article 2

This Decision shall become applicable 12 months after the date
of its adoption.

HAS ADOPTED THIS DECISION:

This Decision is addressed to the Republic of Finland.

Article 3

Article 1

Done at Brussels, 5 August 2003.

The motor vehicle decks of the ro-ro passenger ferry ‘Finnsailor’
(IMO No 8401444) shall be considered special category spaces,
and shall therefore have a water-based fixed fire-extinguishing
system installed, in compliance with SOLAS Chapter II-2.

For the Commission

Loyola DE PALACIO

Vice-President

(1) OJ L 324, 29.11.2002, p. 1.