Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2009/45/EC on safety rules and standards for passenger ships
Date: 2016-06-06
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: carriage of passengers, maritime safety, national implementing measure, safety standard, technical specification, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 6.6.2016  COM(2016) 369 final 2016/0170 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2009/45/EC on safety rules and standards for passenger ships {SWD(2016) 189 final} {SWD(2016) 190 final}  
 
EXPLANATORY MEMORANDUM 

1. 

1.1 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

In the spirit of the Commission's REFIT and Better Regulation agenda and as an immediate 
follow-up to the fitness check on EU passenger ship safety legislation1, the Commission puts 
forward a set of proposals to bring about the identified simplification potential.  

The objectives of this revision are to simplify and streamline the existing EU passenger ship 
safety  regulatory  framework,  in  order  to  (i)  maintain  EU  rules  where  necessary  and 
proportionate; (ii) ensure their correct implementation; and (iii) eliminate potential overlap of 
obligations  and  inconsistencies  between  related  pieces  of  legislation.  An  overarching 
objective  is  to  provide  for  a  clear,  simple  and  up-to-date  legal  framework  that  is  easier  to 
implement, monitor and enforce, increasing thus the overall safety level. 

Directive  2009/45/EC  of  the  European  Parliament  and  of  the  Council2  was  put  in  place  to 
attain  a  high  level  of  safety  and  to  remove  barriers  to  trade,  by  setting  harmonised  safety 
standards  at  an  appropriate  level  for  passenger  ships  and  craft  operating  domestic  services. 
This  Directive  incorporates  at  EU  level  for  domestic  voyages  the  provisions  of  the  SOLAS 
Convention  which  establishes  detailed  technical  requirements  for  vessel  construction, 
stability, fire protection and life-saving equipment. Correspondingly, it applies to ships made 
of  steel  and  equivalent  material,  and  to  high-speed  craft.  In  addition,  it  includes  specific 
access and public information requirements for persons with reduced mobility or disabilities.  

Directive  2009/45/EC  has  brought  about  a  common  high  safety  level  across  the  EU  and 
important internal market benefits. On the other hand, the experience has shown that since the 
entry into force of its predecessor in 19983, the implementation has given rise to a number of 
questions as regards the clarity and adequacy of some of its definitions, scope and procedures.  

Furthermore,  several  key  safety  aspects  for  small  ships  below  24  meters  in  length  have  not 
been  harmonised,  reflecting  the  fact  that  these  ships  are  more  sensitive  to  local  operational 
conditions.  In  addition,  the  Directive  already  gave  Member  States  the  flexibility  to  apply 
national rules when they find the harmonised standards for small ships impracticable and/or 
unreasonable. In this regard, the fitness check showed that the Directive currently applies only 
to 70 out of 1950 small ships, the key safety aspects of which have been already defined by 
Member States. As a result, such requirements should be re-evaluated.  

Moreover,  the  fitness  check  revealed  that  several  Member  States  certify  aluminium  ships 
under this Directive while few others do not. This creates an uneven situation that undermines 
the objective of achieving a common, high safety level for passengers sailing domestically in 
the  EU  Member  States.  It  results  from  a  different  interpretation  of  the  Directive's  scope 
related to the definition of an 'equivalent material' and the applicability of the corresponding 
fire safety standards. 

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The  results  of  which  have  been  reported  to  the  European  Parliament  and  the  Council  on  16  October 
2015 (COM(2015)508). 
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and 
standards for passenger ships (OJ L 163, 25.6.2009, p. 1). 
I.e. Directive 98/18/EC of which Directive 2009/45/EC is a recast. 

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It  is  therefore  proposed  to  clarify  and  simplify  the  safety  rules  and  standards  for  passenger 
ships  so  that  they  are,  in  line  with  the  Commission's  REFIT  programme,  easier  to  update, 
monitor  and  enforce.  In  view  of  increasing  legal  clarity  and  certainty,  the  proposal  also 
removes a number of outdated, redundant and inconsistent legal references.  

The  proposal  amends 
2009/45/EC. 

the  corresponding  definitions  and  requirements  of  Directive 

In addition, the proposal provides for the alignment of Directive 2009/45/EC with the changes 
brought about  by the  Treaty  of  Lisbon  in  regard  of  the  powers  of the  Commission  to  adopt 
delegated and implementing acts. 

1.2 

Consistency with existing policy provisions in the policy area 

The proposal is fully consistent with the simplification proposals amending Council Directive 
98/41/EC4 and the proposal replacing Council Directive 1999/35/EC5. The proposal is fully in 
line  with  the  fitness  check  recommendations  and  the  2011  White  Paper  for  the  future  of 
transport6  that  recognised  the  need  to  modernise  the  current  EU  passenger  ship  safety 
legislative framework. 

1.3 

Consistency with other Union policies 

The  proposal  delivers  on  the  Commission's  Better  Regulation  agenda  by  ensuring  that  the 
existing  legislation  is  simple  and  clear,  does  not  create  unnecessary  burden  and  keeps  pace 
with evolving political, societal and technological developments. It also delivers on the goals 
of the 2018 Maritime Transport Strategy7 by ensuring quality ferry services in regular intra-
EU passenger transport. 

2. 

2.1 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Given that the proposal replaces the current Directive, the legal base remains Article 100(2) 
TFEU (ex Article 80(2) TEC), providing for measures in the field of sea transport. 

2.2 

Subsidiarity 

Directive 2009/45/EC has been mainly modelled and shaped on the international requirements 
and  driven  by  a  number  of  shipping  casualties  involving  loss  of  human  lives.  Although 
common  safety  standard  for  ships  engaged  on  international  voyages  have  been  set  by 
international safety  regulations such as  SOLAS  Convention, they do not  apply to  passenger 
ships engaged on domestic voyages.  

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Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger 
ships operating to or from ports of the Member States of the Community (OJ L 188, 2.7.1998, p. 35). 
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). 
White  Paper  'Roadmap  to  a  Single  European  Transport  Area  –  Towards  a  competitive  and  resource 
efficient transport system' (COM/2011/0144). 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  -  Strategic  goals  and 
recommendations for the EU’s maritime transport policy until 2018 (COM/2009/0008). 

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The proposal ensures that the common level of safety established by Directive 2009/45/EC for 
ships  operating  on  domestic  voyages  within  EU  waters  is  preserved,  which  could  not  be 
achieved  by  unilateral  action  at  the level  of  Member  States.  At  the  same  time,  the proposal 
reiterates  the  need  for  and  added  value  of  differences  in  standards  where  local  operating 
conditions may so require.  

In  light  of  the  internal  market  objective  and  the  freedom  to  provide  maritime  transport 
services within Member States, the proposal also ensures that Directive 2009/45/EC continues 
to facilitate the transfer of ships between national registers and to allow for the competition on 
domestic voyages to take place on equal footing, without compromising the safety level. 

2.3 

Proportionality 

As  evidenced  by  the accident  statistics,  the  existing  legislation  has  achieved  a  high  level  of 
passenger  safety.  The  regulatory  cost  related  to  EU  safety  standards  have  not  proved  to  be 
disproportionate in comparison to national standards that would have been needed otherwise. 
The estimated differences in regulatory costs represent merely a minor fraction compared to 
the total construction, operation and maintenance costs.  

Besides  clarifying  a  number  of  definitions,  the  removal  of  some  unnecessary  requirements 
without compromising the high level of safety is one of the objectives of this simplification 
initiative.  As a result, the proposal removes ships below 24 metres in length from the scope 
of  Directive  2009/45/EC.  Given  that  small  ships  are  built  mainly  from  materials  other  than 
steel,  the  vast  majority  of  this  fleet  is  currently  not  covered  by  the  harmonised  EU  safety 
standards  (96%).  This  implies  that  most  of  vessels  below  24  m  are  already  certified  under 
national legislation.  

Furthermore, the wide range of services that these vessels are built for (e.g. daily or overnight 
passages,  touristic  daily  cruising,  calling  to  ports  with  specific  constrains  or  infrastructures) 
produces  a  very  broad  range  of  designs  and  technical  solutions.  This  makes  identifying  a 
common set of detailed rules fitting such a variety of services for smaller vessels extremely 
challenging.  

The current regulatory approach of Directive 2009/45/EC consisting in prescriptive standards 
designed primarily for steel (or aluminium) ships was therefore re-evaluated for such ships. In 
addition,  accidents  recorded  for  small  ships  outside  the  scope  of  EU  standards  do  not 
demonstrate  any  specific  safety  concern  (5  fatalities  over  the  last  4  years,  all  of  them 
occupational accidents). Furthermore, unlike for bigger ships, small ships tend to be operated 
in  the  same  Member  State  until  the  end  of  their  operational  life  and  their  transfer  between 
Member States is limited.  

2.4 

Choice of the instrument 

In  accordance  with  the principle  of  proportionality,  a  Directive  remains  to  be  considered  as 
the  most  suitable  form  for  achieving  the  identified  objectives.  It  establishes  common 
principles and a harmonised safety level, ensures the enforcement of the rules, but leaves the 
choice of practical and technical procedures to be applied to each Member State.  

The most adequate legal solution was found to be a proposal amending Directive 2009/45/EC. 
Alternative  option  of  proposing  a  new  Directive  was  discarded  on  the  basis  of  the  limited 
number of clearly identifiable changes to the current Directive. 

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3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

3.1 

Ex-post evaluations/fitness checks of existing legislation 

Fitness  check  showed  that  the  key  objectives  of  the  EU  passenger  ship  safety  legislation 
related  to  passenger  safety  and  internal  market  are  being  overall  met  and  remain  highly 
relevant. The EU passenger ship safety legal framework resulted in a common safety level for 
passenger ships within the EU and a level playing field between operators as well as increased 
transfer  of ships  between Member States.  The fitness check also showed that there is  scope 
for further enhancing the level of safety as well as the efficiency and proportionality of some 
of the regulatory requirements. Recommendations to simplify, clarify and repeal a number of 
ambiguous, outdated or overlapping requirements have been made in a number of areas: 

(a) 

Exclude  passenger  ships  below  24  m  in  length  from  the  scope  of  the  Directive 
2009/45/EC  and  consider  developing  guidelines  or  standards  for  small  vessels  and 
vessels built in non-steel or equivalent materials, based on functional requirements as 
part of a goal based standard framework. 

(b) 

Clarify the scope of the Directive,  namely: 

 

 

 

Clarify that for the purposes of Directive 2009/45/EC aluminium is a material 
equivalent  to  steel  and  clarify  the  corresponding  fire  insulation  requirements 
(e.g. definitions of spaces which should be additionally fire insulated). 

Clarify  that  offshore  service  vessel  for  wind-farms  fall  outside  the  scope  of 
Directive 2009/45/EC. 

Clarify that traditional ships fall outside the scope of Directive 2009/45/EC and 
clarify their definition.  

(c) 

Clarify and simplify the sea areas definition in Directive 2009/45/EC while: 

 

 

Removing the reference to "where the shipwreck persons can land", 

Removing the notion of "place of refuge". 

3.2 

Stakeholder consultations 

Given the technical nature of the envisaged proposals, a targeted consultation has been chosen 
as  the  most  adequate  tool.  National  experts  have  been  consulted  in  the  framework  of  the 
Passenger Ship Safety Expert Group. A workshop was organised where the Member States as 
well  as  industry  and  passenger  associations  were  invited  to  participate.  The  envisaged 
measures were presented on numerous occasions. In addition, the roadmap published on the 
Europa website8 allowed all stakeholders to provide feedback by means of an online response 
form. 

The  consultation  summary  as  well  as  detailed  feedback  on  comments  raised  during  the 
consultation process is provided in the Staff Working Document accompanying the proposal. 
The  envisaged  simplification  measures  were  supported  by  the  large  majority  of  national 
experts, albeit a number of comments have been made with respect to exact wording of some 
of  the  proposals.  All  suggestions  have  been  therefore  carefully  reviewed  and  proposals 
amended as appropriate. In addition, some experts raised questions concerning practical and 

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http://ec.europa.eu/smart-regulation/roadmaps/index_en.htm. 

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technical implementation aspects, which have been addressed in the Staff Working Document 
accompanying the proposal and are embedded in the Implementation Plan. 

Industrial  stakeholders  insisted  that  the  key  principles  of  the  current  legal  framework 
remained  unchanged  (highlighting  the  costs  of  safety  upgrade  for  aluminium  ships  in  some 
Member  States)  while  the  passenger  association  called  for  upgrading  the  safety  level  and 
warned against its dilution. The proposal therefore ensures that the existing level of safety is 
maintained and, to the extent possible within the simplification framework, increased (e.g. by 
clarifying that aluminium ships should be built according to the Directive's safety standards). 

3.3 

Collection and use of expertise 

This review builds primarily on the data collected during the fitness check process as reported 
in  the  Commission  Staff  Working  Document  'Adjusting  course:  EU  Passenger  Ship  Safety 
Legislation Fitness Check', adopted on 16 October 20159. 

In addition to the data and consultation carried out in the framework of the fitness check, the 
preparation  of  this  simplification  proposal  necessitated  an  input  from  technical  and  legal 
experts regarding the concrete formulation of technical definitions and a clear legal drafting. 
This  expertise  was  gathered  internally  in  cooperation  with  the  European  Maritime  Safety 
Agency and the Passenger Ship Safety Expert Group. It is reported on in the Staff Working 
Document accompanying the proposal. 

3.4 

Impact assessment 

The  proposal  is  an  immediate  follow-up  to  the  fitness  check  that  identified  the  issues  for 
simplification  in  detail  and  assessed  the  simplification  potential.  As  highlighted  in  the 
roadmap, the envisaged measures are either not expected to generate any significant impacts 
(i.e. beyond those that are non-measurable such as legal clarity, certainty or simplicity) or no 
materially  different  solutions  have  been  identified.  In  line  with  the  Commission's  Better 
Regulation Guidelines, a fully-fledged impact assessment has not been carried out. 

Nonetheless,  the  simplification  proposal  is  accompanied  by  a  Commission  Staff  Working 
Document that recalls the recommendations of the fitness check and explains the rationale of 
the proposed solutions from the technical as well as legal perspective. It includes a summary 
and  a  feedback  on  the  stakeholder  consultation  carried  out  in  support  of  this  initiative.  An 
implementation plan is also attached.  

3.5 

Regulatory fitness and simplification 

The  simplification  potential  of  this  proposal  primarily  consists  of  non-measurable  impacts 
such as legal clarity, certainty and simplicity, stemming from the clarification of the scope of 
the Directive and simpler definition of sea areas.  

A  deadline  should  be  set  for  ships  built  in  an  equivalent  material  and  greater  than  24  m  in 
length before the entry into force of this Directive to comply with the technical requirements 
laid  down  in  the  Directive.  Sufficient  transition  period  should  smooth  the  adjustment  to  the 
maximum extent possible. Concerning the sea areas, the proposal would primarily eliminate 
redundant or outdated criteria and influence the drawing of sea areas for Member States to the 
minimum extent only.  

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SWD(2015)197. 

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The proposal also increases legal clarify by eliminating a number of redundant, incorrect or 
inconsistent references. 

3.6 

Fundamental rights 

The proposal has no consequences for the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the Union budget. 

5. 

5.1 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  proposal  is  accompanied  by  an  implementation  plan  that  lists  the  actions  needed  to 
implement  the  simplification  measures  and  identifies  the  main  technical,  legal  and  time-
related implementation challenges. 

Adequate monitoring and reporting arrangements have been identified, without creating new 
reporting obligations and administrative burdens. The key information on fleet, accidents and 
compliance  will  be  collected  with  the  assistance  of  EMSA,  Passenger  Ship  Safety  Expert 
Group  and  on  the  basis  of  the  European  Marine  Casualty  Information  Platform  (EMCIP) 
database. Given that the full cycle of the envisaged EMSA implementation visits is estimated 
to last 5 years, the evaluation cycle of the EU passenger ship safety legislation should be set at 
7 yearly intervals. 

5.2 

Explanatory documents  

Explanatory documents are not required as the simplification measures are not of substantial 
or complex nature. 

5.3 

Detailed explanation of the specific provisions of the proposal 

Definitions and scope 

Article 2 is amended to eliminate a number of redundant, inconsistent or incorrect references, 
in particular related to the Intact Stability Code (missing reference added), High Speed Craft 
Code (reference corrected), bow height definition (redundant part deleted), port area (aligned 
with  the  definition  of  a  sea  area),  place  of  refuge  (removed  as  redundant  in  line  with  the 
simplification of sea area definitions), port State (replacing host State in line with the review 
of Directive 1999/35/EC), and recognised organisation (updated reference). 

Article  2  is  also  amended  to  provide  for  new  definitions  of  traditional  ship  (moved  from 
Article  3  and  updated  to  take  into  account  definition  of  traditional  ship  in  Directive 
2002/59/EC of the European Parliament and of the Council10), sailing ship (new definition), 
pleasure yacht and craft (moved from Article 3 and further aligned with SOLAS), tender (new 
definition), and equivalent material (moved from Annex 1 and amended to clarify that ships 
built from such materials have to be certified according to this Directive). 

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Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002  establishing  a 
Community  vessel  traffic  monitoring  and  information  system  and  repealing  Council  Directive 
93/75/EEC (OJ L 208, 5.8.2002, p.10). 

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Article  3  is  amended  to  exclude  ships  below  24  metres  from  the  scope  of  the  Directive,  to 
remove incorrect reference to 'passenger' from the heading of points (a) and (b), and to clarify 
that the Directive does not apply to sailing ships, tenders and ships referred to in the SPS code 
(including offshore supply vessels). 

Classes of passenger ships and application 

Article 4 is amended to simplify the definitions of sea areas C and D (references to the criteria 
of 'where the shipwrecked persons can land' and 'distance to place of refuge' removed), and to 
clarify  that  the  sea  areas  is  established  by  Member  States  in  such  a  manner  that  the  inner 
border of sea area D is clearly delimited. 

Article 5 is amended to update the reference to the host State (replaced by port State), and to 
update the reference to Directive 2009/16/EC of the European Parliament and of the Council11 
and Directive 2014/90/EC of the European Parliament and of the Council12. 

Safety requirements 

Article  6  is  amended  to  update  the  reference  to  Directive  2009/15/EC  of  the  European 
Parliament and of the Council13, to remove the repetitive point (c), to update the reference to 
the host State (replaced by port State), to clarify that the conversion requirement is meant to 
apply to all ships (when converted in a passenger ships), not only to existing passenger ones 
(by transferring point (e) into a new paragraph 5), to remove redundant part of the DSC Code 
reference in the fourth subparagraph of paragraph 4(a), to remove outdated point (f), and to 
insert  a  new  date  of  application  for  ships  built  in  equivalent  material  before  the  entry  into 
force of this Directive. 

Articles 7 and 8 are amended to remove the outdated parts. 

Additional safety requirements, equivalents, exemptions and safeguard measures 

Article 9 is amended to remove the incorrect reference to Annex 1 from paragraph 2 and to 
facilitate  the  notification  of  measures  provided  for  in  this  Article  by  means  of  a  database 
established for such purpose. 

Committee and amendment procedure  

Articles  10  and  11  are  brought  in  line  with  the  Treaty  on  the  Functioning  of  the  European 
Union  in  regard  to  powers  of  the  Commission  to  adopt  delegated  and  implementing  acts. 
Article 10a has been added for the same reason (exercise of delegation power). 

Certificates 

Article 13 is amended to clarify that only ships fulfilling the requirements of this Directive are 
provided  with  a  Passenger  ship  Safety  Certificate,  and  to  clarify  that  this  certificate  has  to 
include all measures provided for under Article 9, not only the exemptions.  

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12 

13 

Directive  2009/16/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  on  port  State 
control (OJ L 131, 28.5.2009, p. 57). 
Directive  2014/90/EU  of  the  European  Parliament  and  of  the  Council  of  23  July  2014  on  marine 
equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146). 
Directive  2009/15/EC  of  the  European  Parliament  and  of  the  Council  of  23  April  2009  on  common 
rules  and  standards  for  ship  inspection  and  survey  organisations  and  for  the  relevant  activities  of 
maritime administrations (OJ L 131, 28.5.2009, p. 47). 

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International dimension 

Article  14  is  amended  in  order  to  be  brought  in  line  with  Treaty  on  the  Functioning  of  the 
European Union concerning external representation.  

Evaluation provisions 

Article 16a has been added to specify the evaluation provisions.  

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2016/0170 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2009/45/EC on safety rules and standards for passenger ships 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee14,  
Having regard to the opinion of the Committee of the Regions15,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

14 
15 
16 

17 

To  maintain  a  high  level  of  safety  provided  by  common  safety  standards  defined  by 
Directive 2009/45/EC of the European Parliament and of the Council16 and to preserve 
level  playing  field,  the  application  of  that  Directive  should  be  improved.  Directive 
2009/45/EC  should  apply  only  to  passenger  ships  and  craft  for  which  its  safety 
standards  have  been  designed.  A  number  of  specific  ship  types  should  be  therefore 
excluded  from  its  scope,  such  as  tenders,  sailing  ships  or  ships  transporting  trained 
personnel engaged in business of the ship or offshore installations. 
The Regulatory Fitness Programme (REFIT)17 has shown that not all Member States 
certify aluminium ships under Directive 2009/45/EC. This creates an uneven situation 
that undermines the objective of achieving a common, high safety level for passengers 
sailing domestically in the Union. To avoid the non-uniform application arising from 
the interpretation of the Directive's scope related to the definition of aluminium as an 
equivalent material and the applicability of the corresponding fire safety standards, the 
definition of the equivalent material should be clarified.   

In  view  of  increasing  legal  clarity  and  consistency,  a  number  of  definitions  and 
references  should  be  updated  and  further  aligned  with  the  related  international  or 
Union rules. In doing so, special care should be taken not to alter the existing scope 
and level of safety provided by Directive 2009/45/EC. In particular, the definition of 
traditional  ship  should  be  better  aligned  with  Directive  2002/59/EC  of  the  European 

OJ C , , p. . 
OJ C , , p. . 
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and 
standards for passenger ships (OJ L 163, 25.6.2009, p. 1). 
COM(2015)508. 

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Parliament  and  of  the  Council18,  while  preserving  the  current  criteria  of  the  year  of 
built and type of material. The definition of pleasure yacht and craft should be further 
aligned  with  the  International  Convention  for  the  Safety  of  Life  at  Sea  (SOLAS 
Convention). 

In  view  of  the  principle  of  proportionality,  the  current  prescriptive  requirements 
derived from the SOLAS Convention have proven difficult to adapt to small passenger 
vessels below 24 meters in length. Furthermore, small ships are primarily built in other 
materials than steel and only a very limited number of such ships have been therefore 
certified  under  Directive  2009/45/EC.  In  the absence  of  specific  safety concerns  and 
adequate standards provided by the Directive, ships bellow 24 meters in length should 
be  therefore  excluded  from  its  scope  and  should  be  subjected  to  specific  safety 
standards  determined  by  Member  States  that  are  better  placed  to  assess  the  local 
limitations  of  navigation  for  these  ships  in  terms  of  distance  to  coast  or  port  and 
weather conditions. 

To further simplify the definitions of sea areas provided for by Directive 2009/45/EC 
and  to  minimise  the  disturbances  for  Member  States,  the  redundant  or  inadequate 
criteria  should  be  removed.  While  maintaining  the  safety  level,  the  definition  of  sea 
areas in which ships of Class C and D may operate should be simplified by removing 
the  criterion  of  'where  the  shipwrecked  persons  can  land'  and  by  removing  the 
'distance  to  the  place  of  refuge'  for  the  purpose  of  defining  the  sea  areas.  The 
appropriateness  of  a  particular  coastline  as  a  place  of  refuge  is  a  dynamic  parameter 
that  should  be  assessed  on  a  case  by  case  basis  by  Member  States  and,  where 
necessary, any operational restrictions related to the distance from a place of refuge for 
a particular ship should be noted in the Passenger Ship Safety Certificate. 

To  remove  unintended  negative  consequences  of  the  current  provisions  whereby 
converted  cargo  ships  may  not  be  considered  as  new  passenger  ships,  it  should  be 
clarified  that  the  conversion  requirements  apply  to  any  ship,  not  only  existing 
passenger ships. 

To  increase  the  transparency  and  to  facilitate  the  notification  of  exemptions, 
equivalencies and additional safety measures by Member States, a database should be 
established and maintained for this purpose by the Commission. It should include the 
notified measures in their draft and adopted form.  

In  view  of  the  changes  brought  about  by  the  Treaty  on  the  Functioning  of  the 
European  Union,  the  powers  conferred  on  the  Commission  to  implement  Directive 
2009/45/EC should be updated correspondingly. Implementing acts should be adopted 
in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 
the Council19. 

In order to take account of developments at international level and experience and  to 
increase transparency, the power to adopt acts in accordance with  Article 290 of the 
Treaty  on  the  Functioning  of  the  European  Union  should  be  delegated  to  the 
Commission in respect of excluding amendments to the international instruments from 

Directive  2002/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2002  establishing  a 
Community  vessel  traffic  monitoring  and  information  system  and  repealing  Council  Directive 
93/75/EEC (OJ L 208, 5.8.2002, p. 10). 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

18 

19 

EN 

11 

   EN 

                                                 
the  scope  of  this  Directive  if  necessary,  updating  the  technical  requirements  and 
establishing  conditions  of  use  for  the  database  kept  by  the  Commission  to  host 
notifications  by  Member  States  of  exemptions  and  requests  for  derogation  in 
accordance  with  the  present  Directive.  It  is  of  particular  importance  that  the 
Commission carry out appropriate consultations during its preparatory work, including 
at  expert  level,  and  that  those  consultations  be  conducted  in  accordance  with  the 
principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 
April 2016. In particular, to ensure equal participation in the preparation of delegated 
acts, the European Parliament and the Council receive all documents at the same time 
as Member States' experts, and their experts systematically have access to meetings of 
Commission expert groups dealing with the preparation of delegated acts. 

(10) 

(11) 

In  order  to  establish  a  level  playing  field  for  passengers  ships  operating  on  voyages 
from and to Union ports, irrespective of the nature of the voyages they are engaged on, 
the Union action in view of expediting the ongoing work within the IMO to revise the 
regulations of the SOLAS Convention should be brought in line with the Treaty on the 
Functioning of the European Union. 

In view of the full monitoring cycle of European Maritime Safety Agency visits, the 
Commission  should  evaluate  the  implementation  of  Directive  2009/45/EC  no  later 
than [seven years after the date referred to in the second subparagraph of Article 2(1)] 
and report to the European Parliament and the Council thereon. Member States should 
cooperate with the Commission to gather all information necessary for this evaluation. 

(12)  Directive 2009/45/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Amendments to Directive 2009/45/EC 

Directive 2009/45/EC is amended as follows: 

(1) 

Article 2 is amended as follows: 

(a)  point (a) is replaced by the following: 

"(a)  ‘International  Conventions’  means  the  following  conventions  together 

with the amendments thereto, i.e. in their up-to-date versions: 

(i) 

(ii) 

the 1974 International Convention for the Safety of Life at Sea (the 
1974 SOLAS Convention); and 

the  1966  International  Convention  on  Load  Lines  and 
Protocols;"; 

its 

(b)  point (b) is replaced by the following: 

"(b)  ‘Intact Stability Code’ means the ‘Code on Intact Stability for all types of 
ships  covered  by  IMO  Instruments’  contained  in  IMO  Assembly 
Resolution A.749(18) of 4 November 1993, or the 'International Code on 
Intact  Stability,  2008'  contained  in  IMO  Resolution  MSC.267(85)  of  4 
December 2008, in their up-to-date versions;"; 

(c)  point (g)(ii) is replaced by the following: 

EN 

12 

   EN 

"(ii)   their maximum speed, as defined in Regulation 1.4.30  of the 1994 High 
Speed  Craft  Code  and  Regulation  1.4.38  of  the  2000  High  Speed  Craft 
Code, is less than 20 knots;"; 

(d)  point (m) is replaced by the following: 

"(m)  ‘bow height’ means the bow height defined in Regulation 39 of the 1966 

International Convention on Load Lines;"; 

(e)  point (r) is replaced by the following: 

"(r)   'port area' means an area other than a sea area listed pursuant to Article 
4(2),  as  defined  by  the  Member  States,  extending  to  the  outermost 
permanent harbour works forming an integral part of the harbour system, 
or  to  the  limits  defined  by  natural  geographical  features  protecting  and 
estuary or similar sheltered area;"; 

(f) 

point (s) is deleted; 

(g)  point (u) is replaced by the following: 

"(u)  ‘port  State’  means  a  Member  State  to  or  from  whose  port(s)  a  ship  or 
craft, flying a flag other than the flag of that  Member  State, is  carrying 
out domestic voyages;";  

(h)  point (v) is replaced by the following: 

"(v)  ‘recognised  organisation’  means  an  organisation 

in 
accordance  with  Regulation  (EC)  No  391/2009  of  the  European 
Parliament and of the Council*; 

recognised 

______________ 

*  

Regulation  (EC)  No  391/2009  of  the  European  Parliament  and  of  the 
Council  of  23  April  2009  on  common  rules  and  standards  for  ship 
inspection and survey organisations (OJ L 131, 28.5.2009, p. 11)."; 

(i) 

point (y) is replaced by the following: 

"(y)  ‘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, pregnant women and persons accompanying small children;" 

(j) 

the following points are added: 

"(z)  ‘sailing ship’ means a ship primarily propelled by sails even if fitted with 

mechanical propulsion for auxiliary and emergency purposes; 

(za)  ‘equivalent  material’  means  aluminium  alloy  or  any  other  non-
combustible material, which maintains structural and integrity properties 
equivalent to steel at  the end of the applicable exposure to the standard 
fire test due to the insulation provided;  

(zb)  ‘standard  fire  test’  means  a  test  in  which  specimens  of  the  relevant 
bulkheads  or  decks  are  exposed  in  a  test  furnace  to  temperatures 
corresponding  approximately  to  the  standard  time-temperature  curve  in 
accordance with the test method specified in the 2010 International Code 
for  Application  of  Fire  Test  Procedures,  contained  in  IMO  Resolution 
MSC.307(88) of 3 December 2010, in its up-to-date version;  

EN 

13 

   EN 

(zc)   ‘traditional  ship’  means  any  kind  of  historical  passenger  ship  designed 
before  1965  and  their  replicas  built  predominantly  with  the  original 
materials, including those designed to encourage and promote traditional 
skills and seamanship, that together serve as living cultural monuments, 
operated according to traditional principles of seamanship and technique; 

 (zd)  ‘pleasure yacht/craft’ means a vessel carrying no cargo and not more than 
12  passengers  not  engaged  in  trade,  regardless  of  the  means  of 
propulsion; 

(ze)  ‘tender’  means  a  ship-carried  boat  used  for  transferring  more  than  12 

passengers from a stationary passenger ship to shore and back; 

(zf)   ‘repairs, alterations and modifications of a major character’ means any of 

the following:  

—  any  change  that  substantially  alters  the  dimensions  of  a  ship,  e.g., 
lengthening by adding new midbody,  

— any change that substantially alters the passenger-carrying capacity of 
a ship, e.g., vehicle deck converted to passenger accommodation,  

—  any  change  that  substantially  increases  a  ship's  service  life,  e.g., 
renewal of passenger accommodation on one entire deck, 

— any conversion of any type of ship into a passenger ship."; 

(2) 

Article 3 is replaced by the following:  

"Article 3 
Scope 

This Directive applies to the following passenger ships and craft, regardless of 

1. 
their flag, when engaged on domestic voyages: 

(a)  new and existing passenger ships of 24 meters in length and above; 

(b)  high-speed passenger craft. 

Each  Member  State,  in  its  capacity  as  port  State,  shall  ensure  that  passenger  ships 
and  high-speed  passenger  craft,  flying  the  flag  of  a  State  which  is  not  a  Member 
State,  fully  comply  with  the  requirements  of  this  Directive,  before  they  may  be 
engaged on domestic voyages in that Member State. 

2. 

This Directive does not apply to: 

(a) 

ships which are: 

(i) 

ships of war and troopships; 

(ii) 

sailing ships and ships not propelled by mechanical means; 

(iii)  vessels  constructed  in  material  other  than  steel  or  equivalent  and  not 
covered by the standards concerning High Speed Craft (Resolution MSC 
36(63)  or  MSC.97(73))  or  Dynamically  Supported  Craft  (Resolution 
A.373(X)); 

(iv)  wooden ships of primitive build; 

(v) 

traditional ships; 

(vi)  pleasure yachts; 

EN 

14 

   EN 

(vii)  ships exclusively engaged in port areas; 

(viii)  ships referred in Regulation 1.2.3 of Chapter I of the Code of Safety for 
Special  Purpose  Ships, IMO  Resolution  MSC.266(84)  of  13  May  2008, 
in its up-to-date version; or 

(ix) 

tenders; 

(b)  high-speed craft which are: 

(i) 

craft of war and troopcraft; 

(ii)  pleasure craft;  

(iii)  craft exclusively engaged in port areas; or 

(iv)  craft referred in Regulation 1.2.3 of Chapter I of the Code of Safety for 
Special  Purpose  Ships, IMO  Resolution  MSC.266(84)  of  13  May  2008, 
in its up-to-date version."; 

(3) 

Article 4 is amended as follows: 

(a) 

 paragraph 1 is replaced by the following: 

"1.  Passenger  ships  are  divided  into  the  following  classes  according  to  the 
sea area in which they operate: 

'Class A' 

'Class B' 

'Class C' 

'Class D' 

means a passenger ship engaged on domestic voyages other 
than voyages covered by Classes B, C and D. 

means  a  passenger  ship  engaged  on  domestic  voyages  in 
the  course  of  which  it  is  at  no  time  more  than  20  miles 
from  the  line  of  coast,  corresponding  to  the  medium  tide 
height. 

means  a  passenger  ship  engaged  on  domestic  voyages  in 
sea  areas  where  the  probability  of  exceeding  2,5  metres 
significant  wave  height  is  smaller  than  10  %  over  a  one-
year period for all-year-round operation, or over a specific 
restricted  period  of  the  year  for  operation  exclusively  in 
such  period  (e.g.  summer  period  operation),  in  the  course 
of which it is at no time more than 5 miles from the line of 
coast, corresponding to the medium tide height. 

means  a  passenger  ship  engaged  on  domestic  voyages  in 
sea  areas  where  the  probability  of  exceeding  1,5  metres 
significant  wave  height  is  smaller  than  10  %  over  a  one-
year period for all-year-round operation, or over a specific 
restricted  period  of  the  year  for  operation  exclusively  in 
such  period  (e.g.  summer  period  operation),  in  the  course 
of which it is at no time more than 3 miles from the line of 
coast, corresponding to the medium tide height. 

"; 

EN 

15 

   EN 

 
(b) 

 in paragraph 2, point (a) is replaced by the following: 

"(a)   establish,  and  update  when  necessary,  a  list  of  sea  areas  under  its 
jurisdiction, delimiting the inner border of the sea area in which ships of 
Class  D  may  operate,  zones  for  all-year-round  operation  and,  where 
appropriate, restricted periodical operation of the classes of ships, using 
the criteria for classes set out in paragraph 1;"; 

(4) 

Article 5 is amended as follows: 

(a) 

in paragraph 2, the second subparagraph is replaced by the following: 

"Each  Member  State,  acting  in  its  capacity  as  port  State,  shall  recognise  the 
High  Speed  Craft  Safety  Certificate  and  Permit  to  Operate  issued  by  another 
Member  State  for  high-speed  passenger  craft,  when  engaged  on  domestic 
voyages,  or  the  Passenger  Ship  Safety  Certificate  referred  to  in  Article  13 
issued  by  another  Member  State  for  passenger  ships  when  engaged  on 
domestic voyages."; 

(b)  paragraphs 3 and 4 are replaced by the following: 

"3. 
A  port  State  may  inspect  a  passenger  ship  or  a  high-speed  passenger 
craft,  when  engaged  on  domestic  voyages,  and  audit  its  documentation,  in 
accordance  with  the  provisions  of  Directive  2009/16/EC  of  the  European 
Parliament and of the Council*. 

4. 
Marine equipment complying with the requirements laid down pursuant 
to  Directive  2014/90/EU  of  the  European  Parliament  and  of  the  Council** 
shall  be  considered  to  be  in  conformity  with  the  requirements  laid  down 
pursuant to this Directive. 

______________ 

* Directive 2009/16/EC of the European Parliament and of the Council of 23 
April 2009 on port State control (OJ L 131, 28.5.2009, p. 57). 

** Directive 2014/90/EU of the European Parliament and of the Council of 23 
July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ 
L 257, 28.8.2014, p. 146)."; 

(5) 

Article 6 is amended as follows: 

(a)  paragraph 1 is amended as follows: 

(i)   point (a) is replaced by the following:   

"(a)   the  construction  and  maintenance  of  the  hull,  main  and  auxiliary 
machinery,  electrical  and  automatic  plants  shall  comply  with  the 
standards  specified  for  classification  by  the  rules  of  a  recognised 
organisation,  or  equivalent  rules  used  by  an  Administration  in 
accordance  with  Article  11(2)  of  Directive  2009/15/EC  of  the 
European Parliament and of the Council*. 

_____________ 

*   Directive  2009/15/EC  of  the  European  Parliament  and  of  the 
Council of 23 April 2009 on common rules and standards for ship 
inspection  and  survey  organisations  and  for  the  relevant  activities 
of maritime administrations (OJ L 131, 28.5.2009, p. 47)."; 

EN 

16 

   EN 

(ii)   point (c) is deleted; 

(b) 

in point (b) of paragraph 2, point (ii) is deleted; 

(c)  paragraph 3 is amended as follows: 

(i) 

points (c) and (d) are replaced by the following: 

"(c)  existing passenger ships of Classes C and D shall comply with the 
specific  relevant  requirements  in  this  Directive  and  in  respect  of 
matters  not  covered  by  such  requirements  with  the  rules  of  the 
Administration  of  the  flag  State;  such  rules  shall  provide  an 
equivalent level of safety to that of Chapters II-1 and II-2 of Annex 
I, while taking into account the specific local operational conditions 
related to the sea areas in which ships of such classes may operate; 

before existing passenger ships of Classes C and D can be engaged 
on regular domestic voyages in a port State, the Administration of 
the  flag  State  shall  obtain  concurrence  of  the  port  State  on  such 
rules; 

(d)  where  a  Member  State  is  of  the  view  that  rules  required  by  the 
Administration  of  the  port  State  pursuant  to  point  (c)  of  this 
paragraph  are  unreasonable,  it  shall  immediately  notify  the 
Commission thereof. The Commission shall decide, by means of an 
implementing  act,  whether  the  rules  of  the  Administration  of  the 
port State are reasonable. Those implementing acts shall be adopted 
in accordance with the examination procedure referred to in Article 
11(2).";  

(ii)  points (e) and (f) are deleted; 

(d)  paragraph 4 is amended as follows: 

(i) 

in point (a), the third indent is replaced by the following: 

"—   they fully comply with the requirements of the Code of Safety for 
Dynamically  Supported  Craft  (DSC  Code)  in  IMO  Resolution 
A.373(10), in its up-to-date version;"; 

(ii)  point (c) is replaced by the following: 

"(c) 

the construction and maintenance of high-speed passenger craft and 
their equipment shall comply with the rules for the classification of 
high-speed  craft  of  a  recognised  organisation,  or  equivalent  rules 
used  by  an  Administration  in  accordance  with  Article  11(2)  of 
Directive 2009/15/EC."; 

(e) 

the following paragraphs 5 and 6 are added: 

"5.  With  regard 

to  new  and  existing  ships  repairs,  alterations  and 
modifications of a major character and outfitting related thereto shall be 
in compliance with the requirements for new ships as prescribed in point 
(a) of paragraph 2; alterations made to a ship which are intended solely to 
achieve  a  higher  survivability  standard  shall  not  be  regarded  as 
modifications of a major character. 

EN 

17 

   EN 

 
 
6. 

Ships  built  in  an  equivalent  material  before  the  entry  into  force  of  this 
Directive  shall  comply  with  its  requirements  by  [5  years  after  the  date 
referred to in the second subparagraph of Article 2(1)]."; 

(6) 

(7) 

in Article 7, paragraph 2 is deleted; 

Article 8 is amended as follows: 

(a) 

in paragraph 3, the second subparagraph is deleted; 

(b)  paragraph 4 is deleted; 

(8) 

Article 9 is amended as follows: 

(a)  paragraph 2 is replaced by the following: 

"2.   A Member State may, subject to the procedure laid down in paragraph 
4, adopt measures allowing equivalents for certain specific requirements of this 
Directive,  provided  that  such  equivalents  are  at  least  as  effective  as  such 
requirements."; 

(b)  paragraph 4 is replaced by the following: 

"4.   A Member State which avails itself of the provisions of paragraph 1, 2 
or 3 shall proceed in accordance with the second to fifth subparagraphs of this 
paragraph. 

The  Member  State  shall  notify  the  Commission  of  the  measures  which  it 
intends  to  adopt,  including  particulars  to  the  extent  necessary  to  confirm  that 
the level of safety is adequately maintained.  

If,  within  a  period  of  six  months  from  the  notification,  the  Commission 
decides, by means of an implementing act, that the proposed measures are not 
justified, the said Member State shall be required to amend or not to adopt the 
proposed  measures.  Those  implementing  acts  shall  be  adopted  in  accordance 
with the examination procedure referred to in Article 11(2).  

The adopted measures shall be specified in the relevant national legislation and 
communicated to the Commission and to the other Member States. 

The  measures  referred  to  in  the  second  and  fourth  subparagraph  shall  be 
notified by means of a database established and maintained by the Commission 
for  such  purpose.  The  Commission  is  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  10a  concerning  the  conditions  of  access  to  this 
database."; 

(c) 

in paragraph 5, point (c) is replaced by the following: 

"(c) the Commission shall decide, by means of an implementing act, whether or 
not the decision of the Member State to suspend the operation of such ship or 
craft  or  to  impose  the  additional  measures  is  justified  for  reasons  of  serious 
danger  to  safety  of  life  or  property,  or  to  the  environment,  and,  if  the 
suspension or the measures are not justified, that the Member State concerned 
shall  be  required  to  withdraw  the  suspension  or  the  measures.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 11(2).";  

(9) 

Article 10 is amended as follows: 

(a) 

in paragraph 1, point (d) is replaced by the following: 

EN 

18 

   EN 

"(d)  the  specific  references  to  the  ‘International  Conventions’  and  IMO 
resolutions referred to in points (g), (m) and (q) of Article 2, point (a) of 
Article 3(2), point (b) of Article 6(1) and point (b) of Article 6(2)."; 

(b)  paragraphs 3 and 4 are replaced by the following: 

"3.  The  Commission  is  empowered  to  adopt  delegated  acts  in  accordance 
with Article 10a in order to adopt amendments referred to in paragraphs 
1 and 2 of this Article.  

4. 

The  Commission  is  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  10a,  amending  this  Directive  in  order  to  exclude  from  its 
scope  any  amendment  to  the  international  instruments  referred  to  in 
Article 2 only if, on the basis of an evaluation by the Commission, there 
is  a  manifest  risk  that  the  international  amendment  will  lower  the 
standard of maritime safety, of prevention of pollution  from ships or  of 
protection  of  shipboard  living  and  working  conditions  established  by 
Union maritime legislation, or be incompatible with the latter.";  

(10) 

the following Article 10a is inserted: 

"Article 10a 
Exercise of delegation 

The power to adopt delegated acts referred to in Articles 9(4), 10(3) and 10(4) 

1. 
is conferred on the Commission subject to the conditions laid down in this Article. 

2.  The  power  to  adopt  delegated  acts  referred  to  in  Articles  9(4),  10(3)  and  10(4) 
shall be conferred on the Commission for an indeterminate period of time from [the 
date of entry into force]. 

3. 
The delegation of power referred to in Articles 9(4), 10(3) and 10(4) may be 
revoked  at  any  time  by  the  European  Parliament  or  by  the  Council.  A  decision  to 
revoke shall put an end to the delegation of the power specified in that decision. It 
shall  take  effect  the  day  following  the  publication  of  the  decision  in  the  Official 
Journal of the European Union or at a later date specified therein. It shall not affect 
the validity of any delegated acts already in force. 

Before  adopting  a  delegated  act,  the  Commission  shall  consult  experts 
4. 
designated by each Member State in accordance with the principles laid down in the 
Interinstitutional Agreement on Better Law-Making of 13 April 2016. 

As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

5. 
simultaneously to the European Parliament and to the Council. 

6. 
A  delegated  act  adopted  pursuant  to  Articles  9(4),  10(3)  or  10(4)  shall  enter 
into force only if no objection has been expressed either by the European Parliament 
or  by  the  Council  within  a  period  of  two  months  of  notification  of  that  act  to  the 
European  Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the 
European Parliament and the Council have both informed the Commission that they 
will not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council. 

7. 
A delegated act excluding from the scope of this Directive any amendment to 
the  international  instruments  in  accordance  with  Article  10(4)  shall  be  adopted  at 
least three months before the expiration of the period established internationally for 

EN 

19 

   EN 

the tacit acceptance of the amendment concerned or the envisaged date for the entry 
into  force  of  said  amendment.  In  the  period  preceding  the  entry  into  force  of  such 
delegated  act,  Member  States  shall  refrain  from  any  initiative  intended  to  integrate 
the amendment in national legislation or to apply the amendment to the international 
instrument concerned.";  

(11) 

Article 11 is amended as follows: 

(a)  paragraph 2 is replaced by the following: 

"2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 
182/2011 of the European Parliament and of the Council* shall apply. 

____________ 

* Regulation (EU) No 182/2011 of the European Parliament and of the Council 
of 16 February 2011 laying down the rules and general principles concerning 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing powers (OJ L 55, 28.2.2011, p. 13).";  

(b)  paragraph 3 is deleted; 

(12) 

Article 12 is amended as follows: 

(a)  paragraph 1 is replaced by the following: 

"1.  Each  passenger  ship  shall  be  subjected  by  the  Administration  of  the  flag 
State to the surveys specified in points (a), (b) and (c):  

(a) an initial survey before the ship is put into service;  

(b) a periodical survey once every 12 months; and  

(c) additional surveys, as the occasion arises."; 

(b)  paragraph 2 is deleted;   

(13) 

Article 13 is amended as follows: 

(a)  paragraph 1 is replaced by the following: 

"1.   All new and existing passenger ships, fulfilling the requirements of this 
Directive,  shall  be  provided  with  a  Passenger  Ship  Safety  Certificate  in 
compliance with this Directive. The certificate shall have a format as laid down 
in  Annex II. This  certificate shall be issued  by the Administration of the flag 
State after an initial survey, as described in point (a) of Article 12(1), has been 
carried out."; 

(b) 

in paragraph 3, the third subparagraph is replaced by the following: 

"Before issuing the Permit to Operate for high-speed passenger craft engaged 
on domestic voyages in a port State, the Administration of the flag State shall 
concur  with  the  port  State  on  any  operational  conditions  associated  with 
operation of the craft in that State. Any such conditions shall be shown by the 
Administration of the flag State on the Permit to Operate.";  

(c)  paragraph 4 is replaced by the following: 

"4.   Additional  safety  measures,  equivalences  and  exemptions  granted  to 
ships or craft under and in accordance with the provisions of Articles 9(1), 9(2) 
and 9(3)  shall be noted on the ship's or the craft's certificate."; 

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(14) 

Article 14 is replaced by the following: 

"Article 14 
1974 SOLAS Convention regulations 

1.   With  regard  to  passenger  ships  engaged  on  international  voyages  the  Union 
shall submit proposals to the IMO to expedite the ongoing work within the IMO to 
revise  the  regulations  of  the  1974  SOLAS  Convention,  in  its  up-to-date  version, 
containing issues left to the discretion of the Administration, to establish harmonised 
interpretations  for  those  regulations  and  to  adopt  amendments  to  the  latter 
accordingly. 

2.   The proposals referred to in paragraph 1 shall be made to the IMO on the basis 
of the harmonised regulations laid down in Annex I."; 

(15) 

the following Article 16a is inserted:  

"Article 16a 
Review 

The Commission shall evaluate the implementation of this Directive and submit the 
results  of  the  evaluation  to  the  European  Parliament  and  the  Council  no  later  than 
[seven years after the date referred to in the second subparagraph of Article 2(1)]."; 

(16) 

Annex I is amended as follows: 

(a) 

in paragraph 13.1 of Part A of Chapter II-2, the sixth sentence is replaced by 
the following: 

"In the case the ship is engaged on domestic voyages in another Member State, 
a  translation  into  the  official  language  of  that  port  State,  if  this  language  is 
neither English nor French, shall be included."; 

(b) 

in the first paragraph of footnote 1 to the table in paragraph 2 of Chapter III, 
the introductory phrase is replaced by the following: 

"Survival  craft  may  be  lifeboats  or  life  rafts  or  a  combination  of  them  in 
compliance  with  the  provisions  in  Regulation  III/2.2.  When  justified  by  the 
sheltered nature of the voyages and/or the favourable climatic conditions of the 
area  of  operation,  having 
IMO 
MSC/Circ.1046, the Administration of the flag State may accept, if this is not 
rejected by the port Member State:". 

recommendations 

regard 

the 

to 

in 

Article 2 
Transposition 

1. 

Member States shall adopt and publish, by [12 months after the entry into force] at 
the  latest,  the  laws,  regulations  and  administrative  provisions  necessary  to  comply 
with this Directive. They shall forthwith communicate to the Commission the text of 
those provisions. 

They shall apply those provisions from [12 months after the entry into force]. 

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. 

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2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 3 
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 Union. 

Article 4 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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