EUROPEAN COMMISSION

Brussels, 18.2.2022

COM(2022) 53 final

2022/0036(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2003/25/EC as regards the inclusion of improved stability requirements and its alignment with stability requirements defined by the International Maritime Organisation

(Text with EEA relevance)

{SWD(2022) 29 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The general objective of the revision of the EU passenger ship safety legislation is to simplify and streamline the existing regulatory framework, in order to (i) maintain EU rules where necessary and proportionate; (ii) ensure their correct implementation; and (iii) eliminate a potential overlap of obligations and inconsistencies between related pieces of legislation. The overarching objective is to provide for a clear, simple and up-to-date legal framework that is easier to implement, monitor and enforce, thus increasing the overall safety level.

For ships engaged in international voyages, which include voyages between two Member States, international conventions (under the purview of the IMO) and certain EU rules apply. The most relevant convention with respect to safety is the International Convention for the Safety of Life At Sea (SOLAS), 1974, and its Protocol of 1988. General stability requirements contained in SOLAS 90 (as defined in the text of the Directive with all applicable amendments), were established on a deterministic basis and were included in Regulation II-1/B/8 of the SOLAS Convention. These requirements are applicable in the entire Union owing to the direct application of the SOLAS Convention to international voyages and the application to domestic voyages of Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (Recast) 7 .

The EU specific stability requirements come on top of the SOLAS damage stability requirements to take account of water on the ro-ro deck when the ship is damaged, the amount of which depends on the freeboard in damaged condition and the significant wave height in the area of operation. The requirements laid down in Directive 2003/25/EC are also applicable to ro-ro passenger ships trading domestically within the European Union through Directive 2009/45/EC. This Directive divides ships and sea areas in four categories (A, B C and D) based on distance from the coast and critical wave height. For ro-ro passenger ships of Class A, B and C, the requirements of Directive 2003/25/EC must be applied.

The REFIT of the passenger ships safety legislation resulted into a recommendation to assess the possibility to align the EU regulatory approach on specific stability requirements for ro-ro passenger ships with international legislation, providing that the current safety level determined by Directive 2003/25/EC is at least maintained.

In view of the differences between the revised SOLAS Convention (version applicable as of 2020) and the specific EU damage stability requirements for ro-ro passenger ships, the need for Directive 2003/25/EC and its added value were assessed based on whether those SOLAS Convention requirements ensure the same safety level.

Apart from the technical solutions for the damage stability calculations for various types of ships, the expert study results have also led to the recommendation not to account for wave height limitations in the probabilistic concept. The sample ship calculations did not show that wave-height limitations accounted for by either the normalised s-factor or expected critical wave height have significant impact on the overall survivability as expressed by the A-index. Therefore, there is no merit in introducing separate requirements with respect to the operational wave-height limitations for damage stability in a probabilistic concept.

–Ensure consistency as far as practicable with the recently updated international damage stability standards as agreed at the IMO for passenger ships;

–Reduce the complexity as well as the technical and administrative burden, primarily stemming from two different regimes for evaluating the survivability of ro-ro passenger ships in damaged condition;

–Reduce the ambiguity of definitions and requirements, where possible, in the light of the amended Directive 2009/45/EC; and

–Eliminate outdated provisions concerning international instruments no longer relevant or in force

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•Subsidiarity (for non-exclusive competence)

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

•Collection and use of expertise

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Explanatory documents (for directives)

•Detailed explanation of the specific provisions of the proposal

2022/0036 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2003/25/EC as regards the inclusion of improved stability requirements and its alignment with stability requirements defined by the International Maritime Organisation

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 13 ,

Having regard to the opinion of the Committee of the Regions 14 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)Directive 2003/25/EC of the European Parliament and of the Council 15  establishes a uniform level of specific stability requirements for ro-ro passenger ships improving the survivability of this type of vessel in case of collision damage and providing a high level of safety for the passengers and the crew in combination with the requirements set out in the SOLAS Convention in force at the date of adoption of the Directive (SOLAS 90).

(2)The International Maritime Organisation (‘IMO’) adopted revised specific provisions on stability standards for passenger ships in damaged conditions on 15 June 2017 by Resolution MSC.421(98) which apply also to ro-ro passenger ships. It is necessary to take into account those developments at international level and to align the Union rules and requirements with those established in the International Convention for the Safety of Life at Sea (‘the SOLAS Convention’) for ro-ro passenger ships engaged in international voyages.

(3)IMO Resolution 14 of the 1995 SOLAS Conference allowed IMO members to conclude regional agreements if they consider that prevailing sea conditions and other local conditions require specific stability requirements in a designated area. Deterministic damage stability requirements for ro-ro passenger ships set out in Annex I to Directive 2003/25/EC differ from the new international probabilistic requirements, where the safety of a ro-ro passenger ship is measured based on the probability of survival after a collision. The international probabilistic regime is set out in chapter II-1 of the SOLAS. The new requirements should be incorporated to Directive 2003/25.

(4)Requirements laid down in Directive 2009/45/EC of the European Parliament and of the Council 16 remain applicable to ro-ro passenger ships. The assessment for different sizes of ro-ro passenger ships of the safety level ensured by the SOLAS 2020 requirements led to the conclusion that the application of stability requirements according to SOLAS 2020 represents a significant risk reduction for ro-ro passenger ships certified to carry more than 1350 persons on board, compared with the requirements included in Directive 2003/25/EC in combination with the SOLAS Convention as amended by the relevant IMO instruments applicable at the time of its adoption (‘SOLAS 90’). 

(5)Stability requirements laid down in this Directive for ro-ro passenger ships certified to carry 1350 or fewer persons on board would be difficult to implement for certain designs of those ships. Therefore, economic operators owning or using those ships in a regular service in the Union should have the option to apply the stability requirements applicable before the entry into force of this Directive. The use of such option should be notified by Member States to the Commission together with a set of data related to the ships concerned. Ten years after the date of entry into force of this Directive, the Commission should assess the use of the option in order to decide about a further revision of this Directive.

(6)For ro-ro passenger ships certified to carry 1350 or fewer persons on board, the optional application of the SOLAS 2020 requirements should be conditional to a higher level of the R-index than the one defined in SOLAS 2020 to achieve the appropriate level of safety.

(7)In order to ensure the necessary level of safety, specific damage stability requirements should apply also to existing ro-ro passenger ships that have never been certified according to Directive 2003/25/EC and are entering into regular service in the Union.

(8)In order to enable the Commission to evaluate and report to the European Parliament and the Council on the implementation of this Directive by [OP : Please insert a date: ten years from the entry into force of this amending Directive], Member States should provide data on every new ro-ro passenger ship that is certified after [OP: Please insert a date: one year from the entry into force of this amending Directive] for regular service in compliance with the stability requirements contained in this Directive according to the structure set out in the Annex.

(9)As Directive 2009/16/EC of the European Parliament and of the Council 17 was amended, and Council Directive 1999/35/EC 18 was repealed by Directive (EU) 2017/2110 of the European Parliament and of the Council 19 , the concept of the ‘host State’ is no longer relevant and should therefore be replaced by that of ‘port State’. 

(10)Directive 2003/25/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2003/25/EC

Directive 2003/25/EC is amended as follows:

(1)Article 2 is amended as follows:

(a)points (b) and (c) are replaced by the following:

“(b) ‘existing ro-ro passenger ship’ means a ro-ro passenger ship the keel of which is laid or which is at a similar stage of construction before [OP, please insert the date: one year after the date of entry into force of this amending Directive]: a similar stage of construction means the stage at which:

(i)construction identifiable with a specific ship begins; and

(ii)assembly of that ship has commenced comprising at least 50 tonnes or 1 % of the estimated mass of structural material, whichever is less; 

(c) ‘new ro-ro passenger ship’ means a ro-ro passenger ship which is not an existing ship;”;

(b)point (e) is replaced by the following:

“(e) ‘SOLAS Convention’ means the 1974 International Convention for the Safety of Life at Seas and amendments thereto in force;”;

(c)the following points (ea), (eb) and (ec) are inserted:

“(ea) ‘SOLAS 90’ means the 1974 International Convention for the Safety of Life at Seas, as amended by the following IMO instruments:

–Res.MSC.1(45); 

–Res.MSC.6(48); 

–Res.MSC.11(55); 

–Res.MSC.13(57); 

–Res.MSC.19(58); 

–Res.MSC.26(60); 

–Res.MSC.24(60); 

–Res.MSC.27(61); 

–Res.MSC.31(63); 

–SOLAS/CONF.2/21; 

–Res.MSC.42(64); 

–Res.MSC.46(65); 

–Res.MSC.57(67); 

–Res.MSC.65(68); 

–SOLAS/CONF.4/25; 

–Res.MSC.69(69); 

–Res.MSC.99(73); 

–Res.MSC.117(74);

(eb) ‘SOLAS 2009’ means the 1974 International Convention for the Safety of Life at Seas as amended by Resolution MSC.216(82);

(ec) ‘SOLAS 2020’ means the 1974 International Convention for the Safety of Life at Seas as amended by Resolution MSC.421(98);”;

(d)point (f) is replaced by the following:

“(f) ‘regular service’ means a series of ro-ro passenger ship crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either:

(i)according to a published timetable; or

(ii)with crossings so regular or frequent that they constitute a recognisable systematic series;”;

(e)point (i) is replaced by the following:

“(i) ‘Port State’ means a Member State to or from whose ports a ro-ro passenger ship is engaged on a regular service;”;

(f)point (k) is replaced by the following:

“(k) ‘specific stability requirements’ means the stability requirements referred to in Article 6;”;

(g) the following point (n) is added:

“(n) ‘operator’ means the legal entity or physical person who has assumed the responsibility for the operation of the ship”;

(2)in Article 3, paragraph 2 is replaced by the following:

“2. Each Member State, in its capacity as Port State, shall ensure that ro-ro passenger ships flying the flag of a State which is not a Member State comply fully with the requirements of this Directive before they may be engaged on voyages in regular service from or to ports of that Member State in accordance with Directive 2017/2110/EC of the European Parliament and of the Council 20 .”;

(3)Article 4 is replaced by the following:

“Article 4

Significant wave heights

The significant wave heights (hS) shall be used for determining the height of water on the car deck when applying the specific stability requirements contained in section A of Annex I. The figures of significant wave heights shall be those which are not exceeded by a probability of more than 10 % on a yearly basis.”;

(4)Article 5 is amended as follows:

(a)paragraph 1 is replaced by the following:

“1. Port States shall establish and keep updated a list of sea areas crossed by ro-ro passenger ships operating on regular service to or from their ports as well as the corresponding values of significant wave heights in these areas.”;

(b)paragraph 3 is replaced by the following:

“3.The list shall be published in a public database available on the internet site of the competent maritime authority. The location of such information as well as any updates to the list and the reasons for such updates shall be notified to the Commission.”;

(5)Article 6 is replaced by the following:

“Article 6

Specific stability requirements

1.Without prejudice to the application of Directive 2009/45/EC, new ro-ro passenger ships certified to carry more than 1350 persons on board shall comply with the specific stability requirements set out in SOLAS 2020, Chapter II-1, Part B.

2.Upon the choice of the operator, new ro-ro passenger ships certified to carry 1350 or fewer persons on board shall comply with:

(a)the specific stability requirements set out in Annex I, section A, to this Directive, or

(b)the specific stability requirements set out in Annex I, section B, to this Directive.

For each such ship, the Flag State administration shall notify the Commission within a period of two months from the date of issuance of the certificate referred to in Article 8 of the choice made of the option referred to in points a or b of the first subparagraph and include with such notification the details referred to in Annex III.

3.In applying the requirements set out in Annex I, section A, Member States shall use the guidelines set out in Annex II, insofar as this is practicable and compatible with the design of the ship in question.

4.Upon the choice of the operator, existing ro-ro passenger ships certified to carry more than 1350 persons on board, introduced to the regular service operation to or from a port of a Member State after [OP: Please insert the date: one year after the date of entry into force of this amending Directive] which were never certified according to this Directive, shall comply with:

(a)the specific stability requirements set out in SOLAS 2020, Chapter II-1 Part B; or

(b)the specific requirements set out in Annex I, section A, to this Directive, in addition to those laid down in SOLAS 2009, Chapter II-1 Part B.

The applied standard shall be noted in the ship’s certificate required under Article 8.

5.Upon the choice of the operator, existing ro-ro passenger ships certified to carry 1350 or fewer persons on board, introduced to the regular service operation to or from a port of a Member State after [OP: please insert the date one year after the date of entry into force of this amending Directive] which were never certified according to this Directive, shall comply with:

(a)the specific stability requirements set out in Annex I, section A, to this Directive,

(b)the specific stability requirements set out in Annex I, section B, to this Directive, or

(c)the specific stability requirements set out in Annex I, section A, to this Directive, in addition to those laid down in SOLAS 2009, Chapter II-1, Part B.

The applied standard shall be noted in the ship’s certificate referred to in Article 8.

6.Existing ro-ro passenger ships that were engaged in regular service operation to or from a port of a Member State by [OP: please insert the date one year after the date of entry into force of this amending Directive] shall comply with the specific stability requirements set out in Annex I as it stood before the entry into force of [OP: please insert the name of this amending Directive].”; 

(6)Article 7 is deleted.

(7)Article 8 is replaced by the following:

“Article 8

Certificates

1. All new and existing ro-ro passenger ships flying the flag of a Member State shall carry a certificate confirming compliance with the specific stability requirements referred to in Article 6.

The certificates shall be issued by the administration of the flag State and may be combined with other related certificates. For ro-ro passenger ships complying with the specific stability requirements encoded in Annex I, section A, the certificate shall indicate the significant wave height up to which the ship can satisfy the specific stability requirements.

The certificate shall remain valid as long as the ro-ro passenger ship operates in an area with the same or a lower value of significant wave height.

2. Each Member State acting in its capacity as Port State shall recognise certificates issued by another Member State in compliance with this Directive.

3. Each Member State acting in its capacity as Port State shall accept certificates issued by a third country certifying that a ro-ro passenger ship complies with the specific stability requirements laid down in this Directive. ”;

(8)Articles 9 is replaced by the following

“Article 9

Seasonal and short-time period operations

1. If a shipping company operating a regular service on a year-round basis wishes to introduce additional ro-ro passenger ships to operate for a shorter time period on that service, it shall notify the competent authority of the Port State or States not later than one month before said ships are operated on that service.

2. However, in cases where, following unforeseen circumstances, a replacement ro-ro passenger ship must be introduced rapidly to ensure continuity of service, instead of the notification requirement of paragraph 1, Article 4(4) of Directive (EU) 2017/2110 and Annex XVII, point 1.3, to Directive 2009/16/EC of the European Parliament and of the Council 21  shall apply.

3. If a shipping company wishes to operate seasonally a regular service for a shorter time period not exceeding six months a year, it shall notify the competent authority of the Port State or States no later than three months before such operation takes place.

4. For ro-ro passenger ships complying with the specific requirements in Annex I, section A, where operations, as referred to in paragraphs 1 and 2 of this Article, take place under conditions of lower significant wave height than those established for the same sea area for all-year-round operation, the significant wave height value applicable for this shorter time period may be used by the competent authority for determining the height of water on the deck when applying the specific stability requirements contained in Annex I, section A. The value of the significant wave height applicable for this shorter time period shall be agreed between the Member States or, wherever applicable and possible, between Member States and third countries at both ends of the route.

5. Following agreement of the competent authority of the Port State or States for operations within the meaning of paragraphs 1 and 2, the ro-ro passenger ship which undertakes such operations shall be required to carry a certificate confirming compliance with the provisions of this Directive, as provided for in Article 8(1).”;

(9)The following Article 13a is inserted:

“Article 13a

Review

The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council by [OP: Please insert a date: ten years from the date of entry into force of this amending Directive]. Information based on the notifications referred to in Article 6(2) shall be made available in anonymised form. ”;

(10)Annexes I and II to Directive 2003/25/EC are amended in accordance with Annex I to this Directive;

(11)The text set out in Annex II to this Directive is added as Annex III to Directive 2003/25/EC.

Article 2

Transposition

1.Member States shall adopt and publish, by [OP: Please insert a date: one year from the date of entry into force of this amending Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

(1)    OJ L 123, 17.5.2003, p. 22.

(2)    The results of which have been reported to the European Parliament and the Council on 16 October 2015 (COM(2015)508).

(3)    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).

(4)    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).

(5)    Directive (EU) 2017/2110 of the European Parliament and of the Council of 15 November 2017 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 
(OJ L 315, 30.11.2017, p. 61).    

(6)    Rules enshrined in the International Convention on the Safety of Life at Sea – SOLAS ’74 as amended (year 2020 amendments referred as SOLAS 2020).

(7)    OJ L 163, 25.6.2009, p. 1

(8)    idem

(9)    White Paper 'Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system' (COM/2011/0144).

(10)    Council Resolution of 22 December 1994 on the safety of ro-ro passenger ferries (94/C 379/05) (OJ C 379 of 31.12.94, p.8.).

(11)    SWD(2015)197.

(12)     https://ec.europa.eu/info/sites/default/files/better-regulation-guidelines-preparing-proposals-implementation-transposition.pdf  

(13)    OJ C , , p. .

(14)    OJ C , , p. .

(15)    Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships (OJ L 123, 17.5.2003, p. 22).

(16)    Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).

(17)    Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).

(18)    Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services (OJ L 138, 1.6.1999, p. 1).

(19)    Directive (EU) 2017/2110 of the European Parliament and of the Council of 15 November 2017(OJ L 315, 30.11.2017, p. 61).

(20)    Directive (EU) 2017/2110 of the European Parliament and of the Council of 15 November 2017 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 (OJ L 315, 30.11.2017, p. 61).

(21)    Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).

EUROPEAN COMMISSION

Brussels, 18.2.2022

COM(2022) 53 final

ANNEXES

to the

PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2003/25/EC as regards the inclusion of improved stability requirements and its alignment with stability requirements defined by the International Maritime Organisation




(Text with EEA relevance)

{SWD(2022) 29 final}

ANNEX I

1.Annex I is amended as follows :

(a)After the title, the following is inserted:

‘Section A’

(b)The following introductory sentence is inserted:

‘For the purpose of this section A, references to the SOLAS Convention regulations shall be construed as references to those regulations as they applied under SOLAS 90.’

(c)Point 1 is replaced by the following:

‘1. In addition to the requirements of Regulation II-1/B/8 of the SOLAS Convention relating to watertight subdivision and stability in damaged condition, the requirements of this section shall be complied with.’;

(d)Point 3.1 is replaced by the following:

‘3.1. For ships, which are to be operated only for a shorter season as referred to in Article 9, the Port States included in the route shall agree on the applicable significant wave height.’;

(e)The following section B is inserted:

‘Section B

The requirements of SOLAS 2020, Chapter II-1 Part B shall be complied with. However, by way of derogation from SOLAS 2020, Regulation II-1/B/6.2.3, the required subdivision index R shall be determined as follows:

Where:

N = total number of persons on board.’

2.Annex II is amended as follows:

The introductory paragraph in “Application” is replaced by the following:

“In line with the provisions of Article 6(3) of this Directive, these guidelines shall be used by the national administrations of Member States in the application of the specific stability requirements set out in Annex I, section A, in so far as this is practicable and compatible with the design of the ship in question. The paragraph numbers appearing below correspond to those in Annex I, section A.”;

ANNEX II

‟ANNEX III - NOTIFICATION DETAILS

Data to be notified in accordance with Article 6(2):

I.General data – for ro-ro passenger ships applying Annex I, section A or section B

(1)Applicable stability requirements: Section A or section B of Annex I

(2)Ship’s identification number (IMO number, Call sign)

(3)Main particulars;

(4)General Arrangement plan

(5)Number of persons on board

(6)GT

(7)Is the ship double ended: Yes/No

(8)Does the ship have long lower holds: Yes/No

II.Specific data - for ro-ro passenger ships applying Annex I, section A or section B

(1)dl, dp, ds;

(2)R – required index;

(3)layout plan (watertight integrity plan) for the sub-compartments with all internal and external opening points including their connected sub-compartments, and particulars used in measuring the spaces, such as general arrangement plan and tank plan. The subdivision limits, longitudinal, transverse and vertical, must be included 1 ;

(4)attained subdivision index A with a summary table for all contributions for all damaged zones 2 with a separate column with the attainable subdivision index (w*p*v);

(5)for 1 and 2 Zone damage cases, the percentage of damage cases that were not investigated (i.e. cases not included in the factor (w*p*v)), that s=0, s = 1 and 0<s<1;

(6)for 1 and 2 Zone damage cases, the percentage of damage cases involving ro-ro spaces that were not investigated (i.e. cases not included in the factor (w*p*v)), that s=0, s = 1 and 0<s<1;

(7)for each damage which contributes to the attained subdivision index A, identification of flooded spaces, contribution value and factor «s» 3 ;

(8)particulars of non-contributing damages (s = 0 and p > 0) for ro-ro passenger ships fitted with long lower hold, including full details of the calculated factors 4 .

III.Additional specific data - for ro-ro passenger ships applying Annex I, section A

–Method of compliance:

·Model Tests

·Calculations

Please indicate whether the water on deck calculations has been avoided due to, for example, the residual freeboard being higher than 2.0 m in all damage cases: Yes/No

–Significant wave height pursuant to Directive 2003/25/EC.”

(1)    This documentation is to be submitted to Administrations according to the point 2.2 of the Appendix to IMO Resolution MSC.429(98).

(2)    This documentation is to be submitted to Administrations according to the point 2.3.1 of the Appendix to IMO Resolution MSC.429(98).

(3)    This documentation is to be submitted to Administrations according to the point 2.3.1 of the Appendix to IMO Resolution MSC.429(98).

(4)    This documentation is to be submitted to Administrations according to the point 2.3.1 of the Appendix to IMO Resolution MSC.429(98).