This document is an excerpt from the EUR-Lex website
Safety rules and standards for passenger ships
- Date of last review:
- 18/12/2018
- Initial creation date:
- 14/09/2010
- Summary code:
-
- 09.03.03.00 Safety of services
- 24.03.08.04 Transport – aligning systems & safety
- 32.14.00.00 Maritime & inland waterways
- 32.16.00.00 Security & safety
- 09.03.03.00 Safety of services
- EUROVOC descriptor:
- Directory code:
-
- 07.30.30.00 Transport policy / Shipping / Safety at sea
- Summarised document(s):
- Author:
- Publications Office of the European Union
- Responsible entity(ies):
- Directorate-General for Mobility and Transport
Safety rules and standards for passenger ships
SUMMARY OF:
Directive 2009/45/EC on safety rules and standards for passenger ships
WHAT IS THE AIM OF THE DIRECTIVE?
It aims to introduce uniform safety standards for people’s lives and property on passenger ships and high-speed craft, such as hydrofoils, used in domestic voyages in EU waters (i.e. between ports in the same EU country).
While it was originally intended as a codification of Directive 98/18/EC, it was decided instead to recast the 1998 directive. Directive 2009/45/EC thus repeals and replaces Directive 98/18/EC.
In 2017, following a review of the directive under the regulatory fitness and performance programme initiative (known as REFIT), Directive (EU) 2017/2108 was adopted. It amends Directive 2009/45/EC and clarifies and simplifies the rules and standards for passenger ships.
KEY POINTS
Scope
The legislation applies to passenger vessels made of steel or an equivalent material and to high-speed passenger craft.
Passenger vessel classification and areas of operation
Passenger vessels are divided into 4 classes (A, B, C and D) according to the sea areas they may operate in.
EU countries publish the list of sea areas and classes of vessel concerned, including any restricted periods, in a publicly available database.
Technical safety requirements
The legislation sets out detailed technical requirements on safety measures vessels must respect, such as:
- construction;
- stability;
- machinery;
- electrics;
- fire protection and life-saving.
National authorities may have additional safety requirements if they consider that specific local circumstances merit them.
Inspections and safety certificates
- Each passenger vessel registered in an EU country is inspected before it enters into service and at least once a year after that.
- All passenger vessels that meet the safety standards are given an annual passenger ship safety certificate.
- National authorities must apply penalties that are ‘effective, proportionate and dissuasive’ for any breach of the safety standards.
Exclusions
The legislation does not apply to certain types of vessels, such as:
- warships;
- primitive wooden ships;
- original or replica historical passenger ships;
- yachts with fewer than 12 passengers;
- vessels used exclusively in ports.
Amending Directive (EU) 2017/2108
This amending directive:
- excludes from the scope of Directive 2009/45/EC
- all existing and new passenger craft shorter than 24 metres — which will be subject to nationally defined safety standards (in May 2018, the European Commission presented a proposal to coordinate safety rules for small passenger ships of less than 24 metres in length)
- offshore maintenance vessels carrying workers to and from offshore installations and ship-carried tenders used to transfer more than 12 individuals from a passenger ship to the shore and back
- pleasure craft, and traditional boats and sailboats if they are equipped with additional mechanical propulsion;
- simplifies the definitions of maritime zones C and D;
- classifies passenger ships (A, B, C and D) depending on the sea area in which they can operate;
- requires ships built in aluminum before to comply with its requirements by . However, if an EU country has more than 60 aluminium-alloy passenger ships flying its flag on it may exempt aluminium passenger vessels of classes B, C and D from the directive for 12 years after that date, provided that their safety levels are not compromised;
- requires all new or existing passenger ships to carry a passenger ship safety certificate.
FROM WHEN DOES THE DIRECTIVE APPLY?
Directive 2009/45/EC has applied since . Directive 2009/45/EC revised and replaced Directive 98/18/EC (and its subsequent amendments).
Directive (EU) 2017/2108 entered into force on and has to apply in the EU countries by .
BACKGROUND
Vessels used for domestic voyages in EU waters must meet basic safety standards to protect the lives of their passengers and crew. These standards have been considerably strengthened since the ferry Estonia sank in the Baltic Sea in 1994.
Directive 2009/45/EC is the most extensive EU legislative instrument in the area of passenger vessel safety. It is complemented by specific EU rules for roll-on/roll-off (ro-ro) passenger ships and high-speed craft, and the registration of persons on board ships.
For more information, see:
- Safety of passenger ships (European Commission).
MAIN DOCUMENTS
Directive 2009/45/EC of the European Parliament and of the Council of on safety rules and standards for passenger ships (recast) (OJ L 163, , pp. 1-140)
Successive amendments to Directive 2009/45/EC have been incorporated into the original text. This consolidated version is of documentary value only.
Directive (EU) 2017/2108 of the European Parliament and of the Council of amending Directive 2009/45/EC on safety rules and standards for passenger ships (OJ L 315, , pp. 40-51)
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