CELEX: 51998PC0636
Language: en
Date: 1998-11-09
Title: Amended proposal for a Council Directive on conditions for the operation of regular ro-ro ferry and high speed passenger craft services in the Community

10.12.98             EN                 Official Journal of the European Communities                                 C 384/23
              Amended proposal for a Council Directive on conditions for the operation of regular ro-roferry
                                and high speed passenger craft services in the CommunityØ(Î)
                                                         (98/C 384/10)
                                                    (Text with EEA relevance)
                                           COM(1998) 636 final — 98/0064(SYN)
                      (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on
                                                      10 November 1998)
              (Î)ÙOJ C 108, 7.4.1998, p. 122.
                       ORIGINAL TEXT                                                      AMENDED TEXT
                                                            Article 1
                                                             Purpose
The purpose of this Directive is to lay down conditions             The purpose of this Directive is to lay down a system of
for the safe operation of regular ro-ro ferry and high              mandatory surveys which will provide a greater
speed passenger craft services to or from ports in the              assurance of safe operation of regular ro-ro ferry and
Member States of the Community and to provide the                   high speed passenger craft services to or from ports in
right for Member States to conduct, participate in or               the Member States of the Community and to provide the
cooperate with any investigation of maritime casualties             right for Member States to conduct, participate in or
or incidents on these services.                                     cooperate with any investigation of maritime casualties
                                                                    or incidents on these services.
                                                            Article 2
                                                           Definitions
                                                                    (ba)Ù‘passenger’ is every person other than:
                                                                           (i)Ùthe 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
                                                                          (ii)Ùa child under one year of age;
                                                                    (fa) ‘port area’ shall mean an area other than a sea area,
                                                                          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
                                                                          an estuary or similiar sheltered area;
(j)Ù‘host State’ shall mean a Member State to or from               (j)Ù‘host State’ shall mean a Member State to or from
    whose ports a ro-ro ferry or a high speed passenger                 whose port(s) a ro-ro ferry or a high speed passenger
    craft is engaged on a regular service;                              craft is engaged on a regular service;
 ---pagebreak--- C 384/24            EN               Official Journal of the European Communities                                  10.12.98
                      ORIGINAL TEXT                                                    AMENDED TEXT
                                                        Article 6.3
Companies shall inform the host States that for ships or         Delete
craft, flying a flag other than that of a Member State,
the administration of that flag State has accepted the
company’s commitment to fulfil the requirements
imposed by the host States as a condition to provide a
regular service to or from one or more of their ports.
                                                    Article 7.2a (new)
                                                                 Prior to the start of operation by a ro-ro ferry or high
                                                                 speed passenger craft on a regular service, or within
                                                                 twelve months of the date referred to in Article 15(1) for
                                                                 a ro-ro ferry or high speed passenger craft already
                                                                 operating a regular service, Host States shall check for
                                                                 ships or craft flying a flag other than that of a Member
                                                                 State, the concurrence of that flag State that it has
                                                                 accepted the company’s commitment to meet the
                                                                 requirements of this Directive.
                                                         Article 8
                                          Procedures related to specific surveys
3.ÚÙHost States, in planning an initial survey, shall take       3.ÚÙHost States, in planning an initial specific survey,
due account of the operational and maintenance                   shall set a time-limit of maximum one month for this
schedule of the ship or craft                                    survey to be completed and shall take due account of the
                                                                 operational and maintenance schedule of the ship or
                                                                 craft.
4.ÚÙThe findings of the specific surveys shall be                4.ÚÙThe findings of the specific surveys shall be
recorded in a report of which the format shall be estab-         recorded in a report of which the format shall be estab-
lished in accordance with the procedure laid down in             lished in accordance with the procedure laid down in
Article 12.                                                      Article 12. These findings shall also be communicated to
                                                                 the flag State, if different from the host State.
                                                                 7.ÚÙShould the specific surveys confirm or reveal defi-
                                                                 ciencies in relation to the requirements of this Directive
                                                                 warranting a prevention of operation, all costs related to
                                                                 the surveys in any normal accounting period shall be
                                                                 covered by the company.
                                                    Article 15a (new)
                                                                 Three years after the implementation date of this
                                                                 Directive the Commission shall assess on the basis of
                                                                 information to be provided by the Member States the
                                                                 implementation of this Directive and propose any appro-
                                                                 priate measure.