REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission under Directive 2009/45/EC on safety rules and standards for passenger ships, Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community and Directive (EU) 2017/2110/EU on a system of inspections for the safe operation of ro-ro passenger ships and high-speed passenger craft in regular service and amending Directive 2009/16/EC and repealing Council Directive 1999/35/EC
Date: 2024-05-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, carriage of passengers, high-speed transport, international transport, maritime safety, ports policy, ship's passport, technical regulations, vessel

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 17.5.2024  COM(2024) 207 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission under Directive 2009/45/EC on safety rules and standards for passenger ships, Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community and Directive (EU) 2017/2110/EU on a system of inspections for the safe operation of ro-ro passenger ships and high-speed passenger craft in regular service and amending Directive 2009/16/EC and repealing Council Directive 1999/35/EC    
 
 
Table of Contents 

1.  Directive 2009/45/EC on safety rules and standards for passenger ships  (“Directive 
2009/45”)  ............................................................................................................................................... 4 

1.1. 

Introduction ................................................................................................................................. 4 

1.2. 

Legal basis .................................................................................................................................. 4 

1.3. 

Exercise of delegation ................................................................................................................. 5 

1.4.  Conclusions ................................................................................................................................. 5 

2.  Council Directive 98/41/EC on the registration of persons sailing on board passenger ships 
operating to or from ports of the Member States of the Community (“Directive 98/41”)  ............ 6 

2.1. 

Introduction ................................................................................................................................. 6 

2.2. 

Legal basis .................................................................................................................................. 6 

2.3. 

Exercise of delegation ................................................................................................................. 6 

2.4.  Conclusions ................................................................................................................................. 6 

3.  Directive (EU) 2017/2110 on a system of inspections for the safe operation of ro-ro 
passenger ships and high-speed passenger craft in regular service and amending Directive 
2009/16/EC and repealing Council Directive 1999/35/EC (“Directive 2017/2110”) ........................ 6 

3.1. 

Introduction ................................................................................................................................. 6 

3.2. 

Legal basis .................................................................................................................................. 7 

3.3. 

Exercise of delegation ................................................................................................................. 7 

3.4.  Conclusions ................................................................................................................................. 7 

2 

 
 
 
 
 
 
1. 

1.1. 

Directive  2009/45/EC  on  safety  rules  and  standards  for  passenger  ships  
(Directive 2009/45) 1 

Introduction 
Directive 2009/45/EC was amended in 2017 by Directive (EU) 2017/2108 2. Article 
10(3)  of  Directive  2009/45  as  amended  confers  on  the  Commission  the  power  to 
adopt delegated acts subject to the conditions laid down in Article 10a. The power to 
adopt  delegated  acts  is  conferred  for  a  period  of  seven  years  from  20  December 
2017. The first period of seven years will end on 20 December 2024.  

The delegated acts for which the Commission is empowered may concern: 

-  Amendments  of  Directive  2009/45,  in  order  to  take  account  of  developments  at 
international  level,  in  particular  within  the  International  Maritime  Organisation 
(IMO), of the following: 

- 

- 

- 

- 

the  definitions  of  ‘International  Conventions’,  ‘Intact  Stability  Code’,  High 
Speed Craft Code’, ‘GMDSS’ and ‘recognised organisation’, 

the provisions relating to procedures and guidelines for the surveys referred to 
in Article 12 the flag State is required to carry out, 

the  provisions  concerning  the  SOLAS  Convention3,  as  amended,  and  the 
High-Speed Craft Code, 

some  specific  references 
resolutions. 

to 

the  International  Conventions  and  IMO 

- Amendments to the Annexes to Directive 2009/45 in order to: 

- 

- 

- 

apply,  for  the  purpose  of  Directive  2009/45,  amendments  made  to  the 
International Conventions; 

adjust,  in  the  light  of  experience,  the  technical  specifications  found  in  the 
amendments made to International Conventions for ships of classes B, C and 
D and craft, 

simplify and clarify technical elements, in the light of experience gained from 
their implementation; 

-  update  the  references  to  other  Union  instruments  applicable  to  domestic 

passenger ships. 

1.2. 

Legal basis 

In  accordance  with  10a(2)  of  Directive  2009/45,  the  Commission  must  draw  up  a 
report on the delegation of power not  later than  nine months before the  end of the 
seven-year period. The delegation of power is to  be tacitly extended for periods of 

1 OJ L 163, 25.6.2009, p. 1–140 
2  Directive  (EU)  2017/2108  of  the  European  Parliament  and  of  the  Council  of  15  November  2017  amending 
Directive 2009/45/EC on safety rules and standards for passenger ships, OJ L 315, 30.11.2017, p. 40–51 
3 International Convention for the Safety of Life at Sea (SOLAS), 1974  

3 

 
 
 
an  identical  duration,  unless  the  European  Parliament  or  the  Council  opposes  such 
extension not later than three months before the end of each period. 

1.3. 

Exercise of delegation 

The Commission has exercised the power to adopt delegated acts conferred on it by 
Directive 2009/45/EC only once during the reporting period. 

The  adopted  act  is  Commission  Delegated  Regulation  (EU)  2020/411  of  19 
November  2019  amending  Directive  2009/45/EC  of  the  European  Parliament  and 
the Council on safety rules and standards for passenger ships, as regards the safety 
requirements for passenger ships engaged on domestic voyages4. 

The  Delegated  Regulation  2020/411  replaced  Annexes  I,  II  and  III  to  Directive 
2009/45/EC  by  amended  versions.  The  justifications  for  the  amendment  of  the 
annexes were the following: 

-  The  International  Conventions  referred  to  in  Directive  2009/45/EC  had  been 
amended.  Moreover,  a  detailed  review  of  technical  elements  in  the  Annexes 
showed that some earlier amendments of International Conventions had been 
omitted. 

-  The definition of ‘equivalent material’ in Directive 2009/45 had been amended 
by  Directive  2017/21085  to  include  aluminium  ships  within  its  scope.  To 
ensure  harmonised  implementation,  it  was  necessary  to  add  technical 
clarifications in the Annexes with regard to aluminium ships. 

-  Directive  (EU) 2017/2108 had excluded passenger ships measuring less than 
24  metres  in  length  from  the  scope  of  Directive  2009/45,  so  the  technical 
requirements for those ships had to be deleted from Annex I. 

-  Experience  had  revealed  several  ambiguities  and  inconsistencies  in  the 

technical requirements related to missing or incorrect references. 

-  Pursuing  simplification,  while  updating  some  of  the  requirements,  Annex  I 

was restructured into two sections.  

1.4. 

Conclusions 

The  Commission  has  effectively  and  proportionally  exercised  its  power  to  adopt 
delegated acts as per Directive 2009/45.  

Considering  the  continuous  evolution  of  the  international  technical  requirements 
applicable to passenger ships, which constitute the basis for the requirements defined 
under  EU  law  for  domestic  passenger  ships,  it  is  very  likely  that  the  Commission 
will need to use its empowerment in the near future. 

4 OJ L 83, 19.3.2020, p. 1–236 
5 Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 2017 amending 
Directive 2009/45/EC on safety rules and standards for passenger ships (Text with EEA relevance) OJ L 315, 
30.11.2017, p. 40–51 

4 

 
 
 
2. 

2.1. 

In view of these considerations, the Commission considers the delegation of power 
conferred  in  Article  10(3)  of  Directive  2009/45  should  be  tacitly  extended  for  a 
period of seven years, in accordance with Article 10a(2). 

The  Commission  invites  the  European  Parliament  and  the  Council  to  take  note  of 
this report. 

Council  Directive  98/41/EC  on  the  registration  of  persons  sailing  on  board 
passenger  ships  operating  to  or  from  ports  of  the  Member  States  of  the 
Community (Directive 98/41) 6 

Introduction 
Directive 98/41 was amended in 2017 by Directive (EU) 2017/21097. Article 12 of 
Directive 98/41 as amended confers on the Commision the power to adopt delegated 
acts  in  order not  to  apply, for the purposes of this  Directive,  an  amendment to  the 
international instruments referred to in Article 2 of Directive 98/41, i.e. the SOLAS 
Convention  and  the  Internation  Safety  Management  Code.  The  power  to  adopt 
delegated acts is conferred for a period of seven years from 20 December 2017. The 
first period of seven years will end on 20 December 2024. 

The delegation of power may be used only in exceptional circumstances, where duly 
justified by an appropriate analysis by the Commission, in order to avoid a serious 
and unacceptable threat  to  maritime safety  or incompatibility  with  Union maritime 
legislation. 

2.2. 

Legal basis 

In  accordance  with  12a(2)  of  Directive  98/41,  the  Commission  must  draw  up  a 
report on the delegation of power not  later than  nine months before the  end of the 
seven-year period. The delegation of power is to  be tacitly extended for periods of 
an  identical  duration,  unless  the  European  Parliament  or  the  Council  opposes  such 
extension not later than three months before the end of each period. 

2.3. 

Exercise of delegation 

The Commission has not exerciced the power to adopt delegated acts conferred on it 
by the Directive 98/41/EC. 

2.4. 

Conclusions 

The Commission believes that, although to date it has not exercised the delegation of 
power conferred upon it by Article 12 of Directive 98/41, the delegation should be 
tacitly extended a period of seven years, in accordance with Article 12a(2). 

6 OJ L 188, 2.7.1998, p. 35–39 
7  Directive  (EU)  2017/2109  of  the  European  Parliament  and  of  the  Council  of  15  November  2017  amending 
Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from 
ports of the Member States of the Community and Directive 2010/65/EU of the European Parliament and of the 
Council on reporting formalities for ships arriving in and/or departing from ports of the Member States, OJ L 
315, 30.11.2017, p. 52–60 

5 

 
 
 
The international instruments referred to in Article 2 are constantly evolving and it 
cannot  be  excluded  that,  under  exceptional  circumstances  as  referred  to  in  Article 
12, the Commission is required to adopt delegated acts. 

The  Commission  invites  the  European  Parliament  and  the  Council  to  take  note  of 
this report. 

3. 

Directive (EU) 2017/2110 on a system of inspections for the safe operation of ro-
ro  passenger  ships  and  high-speed  passenger  craft  in  regular  service  and 
amending  Directive  2009/16/EC  and  repealing  Council  Directive  1999/35/EC 
(Directive 2017/2110)8 

3.1. 

Introduction 

Article 12 of Directive 2017/2110 confers on on the Commision the power to adopt 
delegated acts for a period of seven years from 20 December 2017. The first period 
of seven years will end on 20 December 2024. 

The delegation of power may be used:  

- 

- 

amend  the  Annexes  to  Directive  2017/2110  in  order  to  take  account  of 
developments  at  international  level,  in  particular  within  the  IMO,  and  to 
improve the technical specifications thereof in the light of experience gained 

in exceptional circumstances amend Directive 2017/2110 in order not to apply 
for  the  purpose  of  this  Directive  an  amendment  to  the  international 
instruments,  provided  the  amendment  is  justified  in  order  to  avoid  a  serious 
and  unacceptable  threat  to  maritime  safety,  to  health,  to  shipboard  living  or 
working conditions or to the marine environment, or to avoid incompatibility 
with Union maritime legislation. 

3.2. 

Legal basis 

In  accordance  with  Article  13(2)  of  Directive  2017/2110,  the  Commission  must 
draw up a  report on the  delegation of power not  later than nine months before the 
end of the seven-year period. The delegation of power is to be tacitly extended for 
periods  of  an  identical  duration,  unless  the  European  Parliament  or  the  Council 
opposes such extension not later than three months before the end of each period. 

3.3. 

Exercise of delegation 

The Commission has not exerciced the power to adopt delegated acts conferred on it 
by Directive (EU) 2017/2110. 

3.4. 

Conclusions 

The Commission believes that, although to date it has not exercised the delegation of 
power conferred upon it Article 12 of Directive 2017/2110, this delegation should be 
tacitly extended for a period of seven years, in accordance with Article 13(2). 

8 OJ L 315, 30.11.2017, p. 61–77 

6 

 
 
 
The  Commission  invites  the  European  Parliament  and  the  Council  to  take  note  of 
this report. 

7