CELEX: 51997PC0716
Language: en
Date: 1997-12-19
Title: Re-examined proposal for a Council Directive on safety rules and standards for passenger ships

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 19.12.1997
                                      COM(97) 716 final
                                      97/0041 (SYN)
                 Re-examined proposal for a
                  COUNCIL DIRECTIVE
      on safety rules and standards for passenger ships
(presented by the Commission pursuant to Article 189 c (d)
                     of the EC Treaty)
 ---pagebreak---  ---pagebreak---                               EXPLANATORY MEMORANDUM
During its 5 - 6 November 1997 Plenary Session, the European Parliament adopted 7
amendments to the Council's common position of 17 June 1997 on the proposal for a Council
Directive on safety rules and standards for passenger ships. The amendments of the European
Parliament are attached to this memorandum.
Pursuant to Article 189 c, section (d) of the EC Treaty, the Commission has re-examined its
proposal and decided to accept amendments Nos. 1, 2, 3,4, 6 and 7 , but not amendment No.
5, for the following reasons :
•   Amendment n° 1 related to article 1 of the common position :
    This amendment, requesting to include protection of the environment as one of the objectives
    of the Directive, can be accepted since protection of the environment is now explicitly
    referred to in article 7.5 of the common position, where danger to the environment is
   explicitly mentioned as one of the conditions for which safeguard measures may be taken.
    Amendment n° 2 related to article 2, paragraph (f) of the common position :
   This amendment envisages to solve the problem of passenger ships of small size constructed
    in light-weight materials and sailing at conventional speed in sea areas of class B, C and D.
    After examination it appeared that, due to the combination of these design factors, these
    ships might be unintentionally be categorised as high speed passenger craft when applying
   the formula of Regulation 1 of Chapter X of the 1974 SOLAS Convention. Article 3,
   paragraph 2 (a) of the common position provides that ships constructed in materials other
   than steel or equivalent and not being high speed craft shall not be covered by the Directive.
   This is made unequivocally clear for this particular category of ships by this amendment.
   Amendment n° 3 related to article 6, paragraph (4)(a) of the common position :
   This amendment ensures that for high speed passenger craft engaged on domestic voyages
   the same set of regulations can be applied as provided for in Chapter X of the 1974 SOLAS
   Convention for high speed passenger craft engaged on international voyages. This
   amendment strengthens die main objective of the provisions on high speed passenger craft
   included in the common position, as it ensures that the same safety standards will apply for
   all high speed craft operating in EU waters, irrespective of whether they are engaged on
   domestic or on international voyages.
   Amendment n° 4 related to article 7, paragraph (4)(b) of the common position :
   This amendment changes the wording "the Member State may be required" into "the
   Member State shall be required", in conformity with the wording of article 7.5 of the
   common position and ensures in this way a better coherence between the various provisions
   in the common position dealing with the Committee procedure.
   Amendment n° 5 related to article 9 of the common position :
   The regulator}' Committee foreseen in the common position is the same type of Committee
   established In all other Community legislation on maritime safety and is the most appropriate
   because the Directive allows for adaptation of its provisions to take account of developments
    in international fom such as the International Maritime Organisation.
 ---pagebreak---   Amendment n° 6 related to article 10, paragraph (3) and amendment n° 7 related to article
  11, paragraph (3) of the common position:
  These amendments ensure that the distinction made in the common position between the
  safety requirements for high speed craft built before 1 January 1996 and those built after that
  date, is also reflected in the procedures on survey and certification, providing in that way full
  coherence with the provisions of article 6 (4) of the common position.
Annex 1 :       Re-examined proposal
Annex 2 :       Amendment adopted by the European Parliament and not accepted by the
                Commission.
 ---pagebreak---                                            Annex 1
                                 Re-examined proposal for a
                                      Council Directive
                     on safety rules and standards for passenger ships
           —Common position-                                 —Re-examined proposal—
                                           Article 1
The purpose of this Directive is to                The purpose of this Directive is to
introduce a uniform level of safety of life        introduce a uniform level of safety of life
and property on new and existing                   and property and of protection of the
passenger ships and high speed passenger           environment on new and existing
craft, when both categories of ships and           passenger ships and high speed passenger
craft are engaged on domestic voyages,             craft, when both categories of ships and
and to lay down procedures for negotiation         craft are engaged on domestic voyages,
at international level with a view to a            and to lay down procedures for negotiation
harmonization of the rules for passenger           at international level with a view to a
ships engaged on international voyages.            harmonization of the rules for passenger
                                                   ships engaged on international voyages.
                                   Article 2, paragraph (f)
(i) "a high speed passenger craft" means           (f) "a high speed passenger craft" means
     a high speed craft as defined in                   a high speed craft as defined in
     Regulation 1 of Chapter X of the 1974              Regulation 1 of Chapter X of the 1974
     SOLAS Convention, as amended at                    SOLAS Convention, as amended at
     the date of adoption of this Directive,            the date of adoption of this Directive,
     which carries more than twelve                     which carries more than twelve
     passengers;                                        passengers;
                                                       passenger ships engaged on domestic
                                                        voyages in sea areas of class B. C or D
                                                        shall not be considered as high speed
                                                        craft when :
                                                       - their displacement corresponding to
                                                           the design waterline is less than 500
                                                           n r . and
                                                       - their maximum speed, as defined in
                                                           paragraph 1.4.30 of the High Speed
                                                           Craft Code, is less than 20 knots.
 ---pagebreak---                                      Article 6, paragraph 4 (a)
4. With regard to high speed passenger craft:      4. With regard to high speed passenger craft:
   (a) high speed passenger craft constructed         (a) high speed passenger craft constructed
       or subjected to repairs, alterations or             or subjected to repairs, alterations or
       modifications of a major character, on              modifications of a major character, on
       or after 1 January 1996, shall comply               or after 1 January 1996, shall comply
       with the requirements laid down in the              with the requirements of Regulation
       High Speed Craft Code, unless:                      X/3 of the 1974 SOLAS Convention.
                                                           unless:
                                     Article 7, paragraph 4 (b)
4. A Member State which avails itself of the          A Member State which avails itself of the
   provisions of paragraphs 1, 2 or 3 shall           provisions of paragraphs 1, 2 or 3 shall
   proceed as follows:                                proceed as follows:
   (b) if, within a period of 6 months from           (b) if, within a period of 6 months from
       the notification, it is decided, in                 the notification, it is decided, in
       accordance with the procedure laid                  accordance with the procedure laid
       down in Article 9, that the proposed                down in Article 9, that the proposed
        measures are not justified, the said               measures are not justified, the said
        Member State may be required to                    Member State shall be required to
        amend or not to adopt the proposed                 amend or not to adopt the proposed
        measures;                                          measures;
                                     Article 10, paragraph (3)
      Each high speed passenger craft shall               Each high speed passenger craft
      be subject by the Administration of the             having to comply, in accordance with
      flag State to the surveys required in the           the provisions of article 6.4. with the
      High Speed Craft Code.                              requirements of the HSC Code, shall
                                                          be subject by the Administration of the
                                                          Flag State to the surveys required in
                                                          the High Speed Craft Code.
                                                          High speed passenger craft, having to
                                                          comply, in accordance with the
                                                          provisions of article 6.4. with the
                                                          requirements of the DSC Code as
                                                          amended, shall be subject by the
                                                          Administration of the Hag State to the
                                                          surveys required in the DSC Code.
 ---pagebreak---                                   Article 11, paragraph 3
For high speed passenger craft complying          For high speed passenger craft complying
with the requirements of the High Speed           with the requirements of the High Speed
Craft Code, a High Speed Craft Safety             Craft Code, a High Speed Craft Safety
Certificate and a Permit to Operate High          Certificate and a Permit to Operate High
Speed Craft shall be issued by the                Speed Craft shall be issued by the
Administration of the flag State, in              Administration of the Hag State, in
accordance with the provisions of the High        accordance with the provisions of the High
Speed Craft Code.                                 Speed Craft Code.
                                                  For high speed passenger craft complying
                                                  with the requirements of the DSC Code as
                                                  amended, a DSC Construction and
                                                  Equipment Certificate and a DSC Permit
                                                  to operate shall be issued by the
                                                  Administration of the flag State, in
                                                  accordance with the provisions of the
                                                  DSC-Code,
Before issuing the Permit to Operate for          Before issuing the Permit to Operate for
high speed passenger craft engaged on             high speed passenger craft engaged on
domestic voyages in a host State, the             domestic voyages in a host State, the
Administration of the ilag State shall            Administration of the flag State shall
concur with the host State on any                 concur with the host State on any
operational conditions associated with            operational conditions associated with
operation of the craft in that State. Any          operation of the craft in that State. Any
such conditions shall be shown by the              such conditions shall be shown by the
Administration of the flag State on the            Administration of the flag State on the
Permit to Operate.                                 Permit to Operate.
 ---pagebreak---                                         Annex 2
   Amendment adopted by European Parliament but not accepted by the Commission
            -Common position-                         -Amendment adopted by European
                                                                Parliament—
                                        Article 9
               Committee                                    (Advisory Committee^
The Commission shall be assisted by the       L The Commission shall be assisted by the
Committee established by Article 12(1) of         Committee established by Article 12(1) of
Directive 93/75/EC. The Committee shall           Directive 93/75/EC.
operate in accordance with the procedure
laid-down in paragraphs 2 and 3 of that
Ankle..
                                              2. Where reference is made lQ this
                                                  paragraph, the following procedure shall
                                                  apply ;
                                                  a) The representative of the Commission
                                                     shall submit to the Committee referred
                                                     to in paragraph 1 a draft of the
                                                     measures to be taken:
                                                  b) The Committee shall deliver ils
                                                     opinion on the draft within a time limit
                                                     which the chairman may lay down
                                                     according to the urgency of the matter,
                                                     if necessary by taking a vote;
                                                  c^ The opinion shall be recorded in the
                                                     minutes: in addition each Member
                                                     State has the right to have its position
                                                     recorded in the minutes:
                                                  d) The Commission shall take the utmost
                                                     account of the opinion delivered by the
                                                     Committee, Il shall inform the
                                                     Committee of the manner in which its
                                                     opinion has been taken into account.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 716 final
                                             DOCUMENTS
EN                                                                    07   15
                                    Catalogue number : CB-CO-97-735-EN-C
                                                             ISBN 92-78-29723-2
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