CELEX: 51996PC0536
Language: en
Date: 1996-11-05
Title: Amended proposal for a COUNCIL DIRECTIVE on safety rules and standards for passenger ships

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     Brussels, 05.11.1996
                                     COM(96) 536 final
                                     96/0041 (SYN)
                  Amended proposal for a
                  COUNCIL DIRECTIVE
     on safety rules and standards for passenger ships
(presented by the Commission pursuant to Article 189 a (2)
                     of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                  EXPLANATORY MEMORANDUM
During its 4 - 5 September Plenary Session, the European Parliament approved, subject to a
number of amendments, the Commission's proposal for a Council Directive on safety rules
and standards for passenger ships1. The Economic and Social Committee delivered its opinion
on 29 May 19962.
A number of amendments adopted by the European Parliament are consistent with the main
principles of the Commission's proposal and are providing an added value by clarifying or
even enforcing some of its provisions and are complying some of the requests by the
Economic and Social Committee. Others, which the Commission could not accept, are
conflicting with the envisaged harmonization or are weakening the provisions of the proposal,
or are referring superfluously to other existing Community legislation or international
Conventions.
More precisely, the Commission could not accept :
         the amendments to recital 6, to article 3, paragraph 1 and to article 5, paragraph 1,
         since the implementation of existing national higher safety standards or changing the
         proposal into a minimum-standard Directive would be contrary to the main objective
         of the Commission proposal, i.e. to establish a harmonized safety standard, at the
         highest IQYQI possible and applicable in the entire Community. Only additional safety
         measures which are justified by local conditions (e.g. unfavourable climatic conditions)
         can be accepted subject to the procedures set out in the proposal;
         the amendment to recital 8, as the latter cannot be maintained for reasons of
       • redundancy;
         the amendment to recital 16, since all rules to which high speed passenger craft have
         to comply are fully specified in the proposal so that there are none left to be applied
         in addition to this Directive;
         the amendment to recital 17, since the proposal does not contain requirements on
          training of seafarers and hence a reference to the Council Directive on the minimum
          level of training of seafarers is unnecessary;
          the amendment to article 1, since protection of the environment is covered by the
          international MARPOL Convention and therefore must not be referred to as one of the
          objectives of the proposal;
           the amendment to article 5, paragraph 4 bis, as their is no correlation between the
           proposal and the Community legislation referred to in the amendment;
           the amendment to article 6, paragraph 2 a) (ii), since the proposed addition is
           redundant taking into account that the Commission's proposal precisely establishes to
           which classes of ships the different provisions of the proposal apply;
     1     O.J. N° C238 of 16 August 1996, p. 1
     2
            O.J. N° C212 of 22 July 1996, p. 21
 ---pagebreak---         the amendment to article 6, paragraph 3 c) (first part), since changing the provisions
        for existing class C and D ships by allowing them to comply with the national rules
        of the flag State only would be conflicting with the proposal's main objective to
        harmonize safety requirements in the Community at the highest level possible;
        the amendment to article 10, paragraph 4, since the monitoring of the conduct of
        classification societies is not the subject or related to IMO Resolution A.746(18);
        the part of the amendment to annex I, Chapter II-1, Part B, Regulation 1, requesting
        the exclusion of Class C and D ships from the application of this Regulation, since
        such an exclusion cannot be justified by technical or safety reasons;
        the amendment to Annex I, Chapter III, regulation 2 a) (new), since safety measures
        based on local (climatic) conditions, have to be introduced in accordance with the
        procedures of article 7.1 of the proposal.
The Commission accepted without reservation :
        the amendments to article 11, paragraph 1 and 2, and to annex II, changing the title
        of the certificate "declaration of compliance" into "passenger ship safety certificate"
         since this will avoid confusion with the title of the certificate required under the ISM
         Regulation. For reasons of consistency similar changes have been introduced in article
         5, paragraph 2, in article 11, paragraph 4 as well as in technical annex I, Chapter II-1,
         PART B, Regulation 11. paragraphs 2 and 4. These amendments will also meet the
         concern of the Economic and Social Committee on this issue.
         the amendment to annex I, Chapter II-2, Part B, Regulation 16, since the proposed
         postponement of the implementation date will allow to take account of the
         implementation date of tiie Directive and the time necessary for the industry to prepare
         and execute the major alterations to existing ships required by this regulation. It also
         meets the request by the Economic and Social Committee.
Finally, the Commission accepted the substance of the following amendments, subject to
redrafting :
         the amendments to article 6, paragraph 3, litera c) and d), since they ensure a more
         active involvement of the Host Member State in case existing Class C and D ships
         flying the flag of another Member State are to be engaged on domestic voyages in the
         Host State's territory;
         the amendment to article 5, introducing the provision that ships have to comply, in
         addition to the requirements of the Directive, with national safety requirements based
         upon specific local conditions and subject to Committee approval. The Commission
          proposes to include this provision by amending article 5, paragraph 2;
          the amendment to annex 1, Chapter II-1, Part B, Regulation 1, in so far it clarifies the
          scope of application for this regulation by adding a reference to the length limit of 24
          metres , which was also requested by the Economic and Social Committee;
          the amendment to Regulation 2 of Chapter III of Annex I, which introduces a
          provision to take account of difficulties which might arise from applying the technical
          requirements of Annex I to existing small vessels. The amendment to article 3
          proposed by the Commission accommodates this concern by limiting the scope of
          application to existing ships with a length of 24 metres and above.
 Therefore in compliance with Article 189A, paragraph 2, the Commission modifies its
 proposal.
 ---pagebreak---                                  Amended proposal for a
                                     Council Directive
                   on safety rules and standards for passenger ships
              -Original text-                                     - Amended text—
                                   Article 3, paragraph 1
1. This Directive applies to:                     1. This Directive applies to:
   a) new and existing passenger ships;               a) new passenger ships;
         and                                          b) existing passenger ships of 24
   b) high speed passenger craft,                           metres in length and above.
   regardless of their flag, when engaged             ç) high speed passenger craft,
   on domestic voyages.                               regardless of their flag, when engaged
                                                      on domestic voyages.
                                   Article 5, paragraph 2
   Member States shall not withhold from          2. Member States shall not withhold from
   operation, for reasons arising from this          operation, for reasons arising from this
   Directive, passenger ships, respectively          Directive, passenger ships, respectively
   high speed passenger craft, when                  high speed passenger craft, when
   engaged on domestic voyages, which                engaged on domestic voyages, which
   comply with the requirements of this               comply with the requirements of this
   Directive.                                         Directive, including any additional
                                                      requirements imposed by a Member
                                                      State, in accordance with the provisions
                                                      of Article 7.1.
   Each Member State, acting in its                   Each Member State, acting in its
   capacity as host State, shall recognise            capacity as host State, shall recognise
   the High Speed Craft Safety Certificate            the High Speed Craft Safety Certificate
    and Permit to Operate, issued by                  and Permit to Operate, issued by
    another Member State for high speed               another Member State for high speed
    passenger craft, when engaged on                  passenger craft, when engaged on
    domestic voyages, or the declaration of           domestic voyages, or the passenger
    compliance referred to in Article 11              ship safety certificate referred to in
    issued by another Member State for                 Article 11 issued by another Member
    passenger ships when engaged on                    State for passenger ships when engaged
    domestic voyages.                                  on domestic voyages.
 ---pagebreak---                                  Article 6, paragraph 3, c)
3. With regard to existing passenger ships:       3. With regard to existing passenger ships:
   c) Existing passenger ships of Classes            c) Existing passenger ships of Classes
      C and D shall comply with the                     C and D shall comply with the
      specific relevant requirements of                  specific relevant requirements of
      this Directive and Chapter III of                 this Directive and Chapter III of
      Annex I and in respect of matters                  Annex I and in respect of matters
      not covered by such requirements                   not covered by such requirements
      with the rules of the Administration               with the rules of the Administration
       of the flag State. Such rules shall               of the flag State. Such rules shall
       provide an equivalent level of                    provide an equivalent level of
       safety to that of Chapters II-1 and               safety to that of Chapters II-1 and
       II-2 of Annex I, while taking into                II-2 of Annex I, while taking into
       account the specific local                        account the specific local
       operational conditions related to the             operational conditions related to the
       sea areas in which ships of such                  sea areas in which ships of such
       classes may operate.                              classes may operate.
                                                         Before existing passenger ships of
                                                         Class C and D can be engaged on
                                                         regular domestic voyages in a host
                                                         State, the Administration of the flag
                                                         State shall obtain concurrence of
                                                         the host State on such rules.
                                 Article 6, paragraph 3, d)
   d) In the event that a Member State is            d) In the event that a Member State is
       of the view that rules laid down by               of the view that rules required by
       the Administration of a flag State                the Administration of the host State
       pursuant to paragraphs (bV and (c)                pursuant to paragraph (c) are
       do not respect the requirements laid              unreasonable, it shall immediately
       down therein it shall immediately                 notify the Commission thereof. The
       notify the Commission thereof. The                Commission shall initiate
        Commission shall initiate                        proceedings in order to take a
        proceedings in order to take a                   decision in accordance with the
        decision in accordance with the                  procedure laid down in Article 9.
        procedure laid down in Article 9
        paragraph 2.
 ---pagebreak---                                   Article 11, paragraph 1
   All new and existing passenger ships           1. All new and existing passenger ships
   shall be provided with a declaration of            shall be provided with a Passenger Ship
   compliance with this Directive. The                Safety Certificate in compliance with
   declaration of compliance shall have a             this Directive. The Passenger Ship
   format as laid down in Annex II. This              Safety Certificate shall have a format as
   declaration shall be issued by the                 laid down in Annex II. This certificate
   Administration of the flag State after an          shall be issued by the Administration of
   initial survey, as described in Article            the flag State after an initial survey, as
   10, paragraphs l.a) and 2.a), has been             described in Article 10, paragraphs l.a)
   carried out.                                       and 2.a), has been carried out.
                                   Article 11, paragraph 2
   The declaration of compliance shall be             The Passenger Ship Safety Certificate
   issued for a period not exceeding 12               shall be issued for a period not
   months. The period of validity of the              exceeding 12 months. The period of
   declaration may be extended by the                 validity of the certificate may be
   Administration of the flag State for a             extended by the Administration of the
   period of grace of up to one month                 flag State for a period of grace of up to
   from the date of expiry stated on it.              one month from the date of expiry
   When an extension has been granted,                stated on it. When an extension has
   the new period of validity of the                  been granted, the new period of validity
   declaration starts from the expiry date            of the certificate starts from the expiry
   of the existing declaration before its             date of the existing certificate before its
   extension.                                         extension.
   Renewal of the declaration of                      Renewal of the Passenger Ship Safety
   compliance, shall be issued after a                Certificate, shall be issued after a
   renewal survey, as described in Article            renewal survey, as described in Article
   10, paragraphs l.b) and § 2.b), has been           10, paragraphs l.b) and § 2.b), has been
   carried out.                                       carried out.
                                   Article 11, paragraph 4
4. Exemptions granted to a ship or craft           4. Exemptions granted to a ship or craft
    under and in accordance with the                  under and in accordance with the
    provisions of article 7, paragraph 3,              provisions of article 7, paragraph 3,
    shall be noted on the declaration of               shall be noted on the ship's or craft's
    compliance.                                        certificate.
 ---pagebreak---                        Annex I, Chapter11-1, PART B, Regulation 1
1 Intact stability                              1 Intact stability
   (Resolution A.167 as amended by                  (Resolution A.167 as amended by
   A.206 and resolution A.749)                      A.206 and resolution A.749)
NEW CLASS A, B, C and D SHIPS                   NEW CLASS A, B, C and D SHIPS OF
                                                24 M IN LENGTH AND ABOVE:
All classes of new ships shall comply with      All classes of new ships of 24 metres in
the relevant provisions for passenger ships     length and above shall comply with the
of the Code on Intact Stability as adopted      relevant provisions for passenger ships of
on 4 November 1993 by the International         the Code on Intact Stability as adopted on
Maritime Organization at the 18th session       4 November 1993 by the International
of its Assembly through resolution              Maritime Organization at the 18th session
A.749(18).                                      of its Assembly through resolution
                                                A.749(18).
           Annex I, Chapter II-l, PART B, Regulation 11, paragraphs 2 and 4
 11 Assigning, marking and recording of          11 Assigning, marking and recording of
    subdivision load lines (R 13)                    subdivision load lines (R 13)
        The subdivision load lines assigned              The subdivision load lines assigned
        and marked shall be recorded in the              and marked shall be recorded in the
        Document of Compliance, and shall                Passenger Ship Safety Certificate,
        be identified by the notation C.l if             and shall be identified by the
        there is only one subdivision                    notation C.l if there is only one
        loadline.                                        subdivision loadline.
        If there are more than one                       If there are more than one
         subdivision load line, the alternative          subdivision load line, the alternative
         conditions shall be identified by the           conditions shall be identified by the
         notations C.2, C.3, C.4 etc.                    notations C.2, C.3, C.4 etc.
     .4 The freeboard corresponding to                .4 The freeboard corresponding to
         each approved subdivision load line             each approved subdivision load line
         and the conditions of service for                and the conditions of service for
         which it is approved, shall be                   which it is approved, shall be
         clearly indicated on the Document                clearly indicated on the Passenger
         of Compliance.                                   Ship Safety Certificate.
 ---pagebreak---                          Annex I, Chapter II-2, PART B, Regulation 16
16 Upgrading of existing CLASS B                   16 Upgrading of existing CLASS B
     ships carrying more than 36                       ships carrying more than 36
     passengers (R 41-1)                               passengers (R 41-1)
In addition to the requirements for existing       In addition to the requirements for existing
CLASS B ships in this Chapter II-2,                CLASS B ships in this Chapter II-2,
existing CLASS B ships carrying more               existing CLASS B ships carrying more
than 36 passengers shall comply with the           than 36 passengers shall comply with the
following requirements :                           following requirements :
 . 1 not later than 1 October 1997 :               .1 not later than 1 October 2000:
                                          ANNEX II
(title page of annex II) :
                  FORM OF                                          FORM OF
  DECLARATION OF COMPLIANCE                              PASSENGER SHIP SAFETY
                                                                CERTIFICATE
(title of certificate) :
  DECLARATION OF COMPLIANCE                              PASSENGER SHIP SAFETY
                                                                CERTIFICATE
(reverse of certificate) :
The undersigned declares that he is duly          The undersigned declares that he is duly
authorized by the said Member State to            authorized by the said Member State to
issue this declaration of compliance.             issue this Passenger Ship Safety Certificate.
 ---pagebreak---                                                                  ISSN 0254-1475
                                                          COM(96) 536 final
                                             DOCUMENTS
EN                                                                      07 15
                                    Catalogue number : CB-CO-96-544-EN-C
                                                             ISBN 92-78-10686-0
Office for Official Publications of the European Communities
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