EUROPEAN COMMISSION

Brussels, 6.6.2016

COM(2016) 371 final

2016/0172(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a system of inspections for the safe operation of ro-ro ferry and high-speed passenger craft in regular service and amending Directive 2009/16/EC of the European Parliament and of the Council on port State control and repealing Council Directive 1999/35/EC

{SWD(2016) 189 final}
{SWD(2016) 190 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

1.1Reasons for and objectives of the proposal

Council Directive 1999/35/EC 2 provides for a number of types of inspection addressing particular safety characteristics of ro-ro ferries and high-speed craft (HSC). These address specific risks related to undivided vehicle decks giving rise to stability and fire vulnerabilities, very intense activity, the risks of cargo shift, water-tightness issues, hoistable ramps and wear & tear.

Notwithstanding the fact that the special inspection regime for these vessels remains necessary, the requirements of this Directive no longer match the realities. The situation today is significantly different compared to almost 20 years ago when Directive 1999/35/EC was adopted. At that time, the EU had 15 Member States and there were a significant number of ro-pax and HSC trading regularly between EU and third States. In addition, since then, the port State control regime has been strengthened, especially after Directive 2009/16/EC of the European Parliament and of the Council 3 came into force, establishing a risk-based inspection regime and including a minimum number of inspections on high risk ships that Member States must carry out.

1.2Consistency with existing policy provisions in the policy area

1.3Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

2.1Legal basis

2.2Subsidiarity

2.3Proportionality

2.4Choice of the instrument

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

3.1Ex-post evaluations/fitness checks of existing legislation

(a)Avoid overlaps between the specific surveys under Directive 1999/35/EC and the expanded inspections provided for under Article 14 of Directive 2009/16/EC and Commission Regulation (EU) No 428/2010.

(b)Avoid overlaps between the specific surveys under Directive 1999/35/EC and the annual flag State surveys provided for in the Directive 2009/21/EC (concerning international voyages) and Directive 2009/45/EC (concerning domestic voyages).

(c)Eliminate the redundant concept of the host state provided for under Directive 1999/35/EC (while retaining the possibility for joint inspections) and replace the term "survey" by "inspection".

(d)Clarify that the time period between the two annual inspections of ro-pax vessels in Directive 1999/35/EC which are meant to take place at regular, six monthly intervals.

3.2Stakeholder consultations

3.3Collection and use of expertise

3.4Impact assessment

3.5Regulatory fitness and simplification

3.6Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

5.1Implementation plans and monitoring, evaluation and reporting arrangements

5.2Explanatory documents

5.3Detailed explanation of the specific provisions of the proposal

Scope and definitions

Article 1 delineates the scope of the Directive excluding those vessels subject to port State control inspections carried out in accordance with Directive 2009/16/EC. As a result, the scope is confined to ships providing regular ro-ro ferry and high-speed passenger craft services between ports within a Member State or between a port in a Member State and a port in a third State where the flag of the vessel is the same as that of the Member State in question.

Article 2 removes a number of redundant definitions and references such as "passenger", "host state", "international voyages", "exemption certificate". It also deletes the reference to the investigation of marine casualties which is now covered by Directive 2009/18/EC of the European Parliament and of the Council 11 . The definitions of a number of other concepts are updated to take account of changes in EU legislation or at the international level (IMO) and to ensure that definitions are brought into line with those found in Directive 2009/16/EC.

Pre-commencement inspections

Articles 3 and 4 provide for system of ship (rather than company) based inspections prior to the commencement of a regular service. The vessel must undergo an inspection in accordance with Annex II and a number of safety management issues set out in Annex I must also be verified. Article 4 provides for situations where a vessel has recently been inspected or is moved from one service to another with similar characteristics. The word "inspections" rather than "surveys" is used throughout the text as this more accurately reflects the type of regulated activity.

Regular inspections, inspection reports, prohibitions of departure, appeal and costs

Article 5 stipulates that ships falling within the scope of the Directive are inspected twice per year with a certain time-lag between inspections and that one of these inspections should be an in-service inspection during a regular crossing. It is also provided that the Member State can, if they wish, combine the inspection with a flag State survey which would have to be carried out in respect of a vessel on a yearly basis. This should result in a reduced burden on the administration as well as on the ship-operator.

In Articles 6, 7, 8, 9, 10 and 11, the provisions relating to the inspection reports, prohibitions of departure, appeals, costs, the inspection database and penalties are all brought into line with those provided in Directive 2009/16/EC. While Directive 2009/16/EC does not provide for a prohibition of departure order, this is inspired by the detention order in port State control.

Amendment procedure

Articles 12 and 13 are brought in line with the provisions of the Treaty on the functioning of the European Union concerning the exercise of the Commision powers in relation to delegated acts.

Amendment to Directive 2009/16/EC

Article 14 provides for ancillary amendment to Directive 2009/16/EC to ensure that the current content and frequency of ro-ro ferries and high-speed passenger craft inspections is maintained.

Repeal

Article 15 provides that Directive 1999/35/EC is repealed and refers to the corresponding correlation table in Annex IV.

Evaluation provisions

Article 16 specifies the evaluation provisions.

2016/0172 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a system of inspections for the safe operation of ro-ro ferry and high-speed passenger craft in regular service and amending Directive 2009/16/EC of the European Parliament and of the Council on port State control and repealing Council Directive 1999/35/EC

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 12 ,

Having regard to the opinion of the Committee of the Regions 13 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The Union legislation relating to a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft (HSC) services dates from 1999. Account should be taken of the progress made in the implementation of the port State control regime put in place by Directive 2009/16/EC of the European Parliament and of the Council 14 as well as experience gained during the operation of the Paris Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982.

(2)The Regulatory Fitness Programme (REFIT) fitness check 15 showed that the Union passenger ship safety legal framework resulted in a common safety level for passenger ships within the Union. It also showed that as Union passenger safety legislation has developed over time in response to differing demands and situations, there is a certain level of overlap and duplication that can and should be streamlined and simplified to reduce the administrative burden on shipowners as well as to rationalise the effort made by Member States' maritime administrations.

(3)Most Member States already combine mandatory surveys for the safe operation of regular ro-ro ferries with other types of surveys and inspections where possible, namely flag State surveys and port State control inspections. To further reduce the inspection effort and to maximise the time in which the ship can be commercially exploited, vessels subject to port State control inspections should be therefore transferred to Directive 2009/16/EC and the scope of this Directive should be confined to ships providing regular ro-ro ferry and high-speed passenger craft services between ports within a Member State or between a port in a Member State and a port in a third State where the flag of the vessel is the same as the Member State in question.

(4)The concept of the 'host State' was introduced by Council Directive 1999/35/EC 16 in order to facilitate cooperation with third States prior to the 2004 Union enlargement. This concept was found to be no longer relevant and should be therefore removed.

(5)Directive 1999/35/EC provided that every 12-month period a specific survey and a survey during regular service must be carried out by host States. Although the objective of this requirement was to ensure that these two inspections are carried out with a certain interval between them, the REFIT fitness check demonstrated that this is not always the case. To remove the ambiguity of that requirement and to ensure a common safety level, it should be clarified that the two annual inspections should take place at regular, approximately six monthly intervals.

(6)Directive 1999/35/EC referred to 'surveys' rather than 'inspections'. The word survey is used in international conventions to indicate the obligation of flag States to monitor the compliance of ships with the international standards and issue or renew, where relevant, certificates. However, the special inspection regime for ro-ro ferries and HSC on regular service cannot be considered a survey and the relevant inspection forms are not and cannot be considered as seaworthiness certificates. Therefore, the term 'survey' should be replaced by 'inspection' when referring to specific ro-pax surveys as currently provided for in Directive 1999/35/EC.

(7)In order to take account of developments at international level and experience, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of excluding amendments to the international instruments from the scope of this Directive if necessary and updating the technical requirements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(8)Directive 2009/16/EC should be amended to ensure that the content and frequency of ro-ro ferries and high-speed passenger craft inspections is maintained. Specific provisions for inspections and verfications of ro-ro ferries and high-speed passenger craft on regular service eligible for port State control should be therefore transferred to Directive 2009/16/EC.

(9)In view of the full monitoring cycle of European Maritime Safety Agency visits, the Commission should evaluate the implementation of this Directive no later than [seven years after the date referred to in the second subparagraph of Article 17(1)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all information necessary for this evaluation.

(10)To increase legal clarity and consistency and in view of the number of amendments concerned, Directive 1999/35/EC should be repealed and Directive 2009/16/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1
Scope

1.This Directive shall apply to ro-ro ferries and high-speed passenger craft operating on a regular service between a port of Member State and a port in a third State where the flag of the vessel is the same as that of the Member State in question or on domestic voyages on a regular service in sea areas in which ships of Class A may operate in accordance with Article 4 of Directive 2009/45/EC of the European Parliament and of the Council 17 .

2.Member States may apply this Directive to ro-ro ferries and high-speed passenger craft operating on a regular service on domestic voyages in sea areas in which ships of other classes may operate other than those referred to in paragraph 1.

Article 2
Definitions

For the purpose of this Directive, the following definitions shall apply:

(1)'ro-ro ferry' means a passenger vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers;

(2)'high-speed passenger craft' means a high speed craft as defined in Regulation X/1 of the 1974 SOLAS Convention, in its up-to-date version, which carries more than 12 passengers;

(3)'1974 SOLAS Convention' means the 1974 International Convention for the Safety of Life at Sea, together with Protocols and amendments thereto, in its up-to-date version;

(4)'High Speed Craft Code' means the ‘International Code for Safety of High Speed Craft’ contained in IMO Maritime Safety Committee Resolution MSC 36 (63) of 20 May 1994 or the International Code for Safety of High-Speed Craft, 2000 (2000 HSC Code), contained in IMO Resolution MSC.97(73) of December 2000, in its up-to-date version;

(5)'regular service' means a series of ro-ro ferry or high-speed passenger craft 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:

(a)according to a published timetable; or

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

(6)'sea area' means any sea area included in a list established in accordance with Article 4(2) of Directive 2009/45/EC;

(7)'certificates' means:

(a)for ro-ro ferries and high-speed passenger craft engaged on international voyages, the safety certificates issued under the 1974 SOLAS Convention or under the High Speed Craft Code respectively, together with the relevant attached records of equipment;

(b)for ro-ro ferries and high-speed passenger craft engaged on domestic voyages, the safety certificates issued in accordance with Directive 2009/45/EC together with the relevant attached records of equipment;

(8)'administration of the flag State' means the competent authorities of the State whose flag the ro-ro ferry or the high-speed passenger craft is entitled to fly;

(9)'domestic voyage' means a voyage in sea areas from a port of a Member State to the same or another port within that Member State;

(10)'recognised organisation' means an organisation recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council 18 ;

(11)'company' means the owner of the ro-ro ferry or the high-speed passenger craft or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ro-ro ferry or the high-speed passenger craft from its owner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management (ISM) Code;

(12)'inspector' means a public-sector employee or other person, duly authorised by the competent authority of the Member State to carry out the inspections provided for in this Directive and responsible to that competent authority and fulfilling the minimum criteria specified in Annex XI of Directive 2009/16/EC.

Article 3
Pre-commencement inspections

1.Prior to the start of operation by a ro-ro ferry or high-speed passenger craft on a regular service covered by this Directive, Member States shall carry out a pre-commencement inspection, consisting of:

(a)verification of the compliance with the requirements laid down in Annex I;

(b)an inspection, in accordance with Annex II, to satisfy themselves that the ro-ro ferry or high-speed craft fulfils the necessary requirements for safe operation of a regular service.

2.The pre-commencement inspection can be dispensed with if the vessel has, within the previous six months, been subject to an annual flag State survey or inspection by a Member State wherein the relevant procedures and guidelines for surveys as specified in IMO Resolution A 1053(27) Consolidated (Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), 2011) or procedures designed to achieve the same goal are followed.

3.The pre-commencement inspection shall be carried out by an inspector. The flag State survey or Member State inspection referred to in paragraph 2 shall be carried out by an inspector or by a recognised organisation authorised by the flag State to carry out surveys or inspections with the purpose of ensuring that all the requirements of this Directive are complied with.

4.When requested by a Member State, companies shall provide evidence of compliance with the requirements of Annex I in advance but not earlier than one month before the pre-commencement inspection.

Article 4
Exceptions to the pre-commencement inspection obligation

1.When a ro-ro ferry or high-speed passenger craft is to be engaged on another regular service, the Member State shall take into account inspections and surveys previously carried out for that ro-ro ferry or high-speed passenger craft for operation on a previous regular service covered by this Directive. Provided that the Member State is satisfied with those previous inspections and surveys and that they are relevant to the new operational conditions, the inspections and surveys provided for in Article 3(1) need not be applied prior to the ro-ro ferry or high-speed passenger craft starting operation on the new regular service.

2.At the request of a company, Member States may confirm in advance their agreement as to the relevance of the previous inspections and surveys to new operational conditions.

3.In cases where, following unforeseen circumstances, a replacement ro-ro ferry or high-speed passenger craft must be introduced rapidly to ensure continuity of service, and paragraph 1 is not applicable, the Member State may allow the ferry or craft to start operating provided that:

(a)a visual inspection and document check raises no concerns that the ro-ro ferry or high-speed passenger craft does not fulfil the necessary requirements for safe operation, and

(b)the Member State completes the pre-commencement inspection provided for in Article 3(1) within one month.

Article 5
Regular inspections

1.Member States shall once in every 12-month period, carry out:

(a)an inspection, in accordance with Annex II, and

(b)an inspection during a regular service, not before five months but not later than seven months following the inspection. This inspection shall cover the items listed in Annex III and sufficient number of the items listed in Annexes I and II to ensure that the ro-ro ferry or high-speed passenger craft continues to fulfil all the necessary requirements for safe operation.

A pre-commencement inspection in accordance with Article 3 shall be considered as an inspection for the purposes of this Article.

2.The inspection referred to in paragraph 1 may, at the discretion of the Member State, be carried out at the same time as or in conjunction with the annual flag State survey or inspection wherein the relevant procedures and guidelines for surveys as specified in IMO Resolution A 1053(27) Consolidated (Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), 2011) or procedures designed to achieve the same goal are followed.

3.Member States shall carry out an inspection in accordance with Annex II each time the ro-ro ferry or high-speed passenger craft undergoes repairs, alterations and modifications of a major character, or when there is a change in management, or a transfer of class. However, in case of change in management, or transfer of class, the Member State may, after taking account of inspections previously carried out for the ro-ro ferry or high-speed passenger craft, and provided that the safe operation of the ferry or craft is not affected by this change or transfer, dispense the ferry or craft from the inspection required by this paragraph.

Article 6
Notification and report of inspection

1.On completion of any inspection performed in accordance with this Directive, the inspector shall draw up a report in accordance with Annex IX of Directive 2009/16/EC.

2.The information contained in the report shall be communicated to the inspection database provided for in Article 10. The master shall also be provided with a copy of the inspection report.

Article 7
Rectification of deficiencies, prohibition of departure and suspension of inspection

1.Member States shall ensure that any deficiencies confirmed or revealed by an inspection carried out in accordance with this Directive are rectified.

2.In the case of deficiencies which are clearly hazardous to safety or health or which pose an immediate danger to life, the ro-ro ferry or high-speed passenger craft, its crew and passengers the Member State shall ensure that the ro-ro ferry or high-speed passenger craft is subject to a prohibition of departure order. The master shall be provided with a copy of the prohibition of departure order.

3.The prohibition of departure shall not be lifted until the hazard has been removed or until the Member State has established that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to the ro-ro ferry or high-speed passenger craft or other ships.

4.If such deficiency cannot be readily rectified in the port in which the deficiency has been confirmed or revealed, the Member State may allow the ship to proceed to the appropriate repair yard nearest to the port of detention where it may be readily rectified.

5.In exceptional circumstances, where the overall condition of a ro-ro ferry or high-speed passenger craft is obviously substandard, the Member State may suspend the inspection of that ferry or craft until the company takes the steps necessary to ensure that the ro-ro ferry or high-speed passenger craft is no longer clearly hazardous to safety or health or poses an immediate danger to the life of its crew and passengers or that it complies with the relevant requirements of applicable international conventions.

6.Where the Member State suspends the inspection in accordance with paragraph 5, the ro-ro ferry or high-speed passenger craft shall be automatically placed under a prohibition of departure order. The prohibition of departure order shall be lifted where the inspection has been resumed and successfully completed and where the conditions set out in paragraph 3 of this Article and in Article 9(2) have been complied with.

7.In order to alleviate port congestion, the Member State may allow a ro-ro ferry or high-speed passenger craft subject to a prohibition of departure order to be moved to another part of the port if it is safe to do so. However, the risk of port congestion shall not be a consideration when deciding on a prohibition of departure order or the lifting a prohibition of departure order. Port authorities or bodies shall facilitate the accommodation of such ships.

Article 8
Right of appeal

1.The company shall have a right of appeal against a prohibition of departure order by the Member State. An appeal shall not suspend the prohibition of departure order, unless interim measures are granted in accordance with national law. Member States shall establish and maintain appropriate procedures for this purpose in accordance with their national legislation.

2.Member States authority shall inform the master of the ro-ro ferry or high-speed passenger craft subject to a prohibition of departure order of the right of appeal and the applicable procedures. When, as a result of an appeal or of a request made by the company, a prohibition of departure order is revoked or amended, Member States shall ensure that the inspection database provided for in Article 10 is amended accordingly without delay.

Article 9
Costs

1.Should the inspections referred to in Articles 3 and 5 confirm or reveal deficiencies warranting a prohibition of departure, all costs relating to the inspections shall be covered by the company.

2.The prohibition of departure order shall not be lifted until full payment is made or a sufficient guarantee is given for reimbursement of the costs.

Article 10
Inspection database

1.The Commission shall develop, maintain and update an inspection database which will contain all the information required for the implementation of the inspection system provided for by this Directive or further enhance the inspection database referred in Article 24 of Directive 2009/16/EC.

2.Member States shall ensure that the information related to inspections performed in accordance with this Directive, including on deficiencies and prohibition of departure orders, is transferred to the inspection database as soon as the inspection report is completed or the prohibition of departure order lifted. With regard to the particulars of the information, provisions of Annex XIII of Directive 2009/16/EC shall apply mutatis mutandis.

3.Member States shall ensure that the information transferred to the inspection database is validated within 72 hours for publication purposes.

4.The Commission shall ensure that the inspection database makes it possible to retrieve any relevant data concerning the implementation of this Directive on the basis of the inspection data provided by Member States.

5.Member States shall have access to all the information recorded in the inspection database which is relevant for implementing the inspection system of this Directive and of Directive 2009/16/EC.

Article 11
Penalties

Member States shall lay down a system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties provided shall be effective, proportionate and dissuasive.

Article 12
Amendment procedure

1.The Commission is empowered to adopt delegated acts in accordance with Article 13, amending the Annexes in order to take account of developments at international level, in particular within the IMO, and to improve the technical specifications thereof in the light of experience gained.

2.The Commission is empowered to adopt delegated acts in accordance with Article 13, amending this Directive in order to exclude from its scope any amendment to the international instruments referred to in Article 2 only if, on the basis of an evaluation by the Commission, there is a manifest risk that the international amendment will lower the standard of maritime safety, of prevention of pollution from ships or of protection of shipboard living and working conditions established by Union maritime legislation, or be incompatible with the latter.

Article 13
Exercise of delegation

1.The power to adopt delegated acts referred to in Article 12 is conferred on the Commission subject to the conditions laid down in this Article.

2.The power to adopt delegated acts referred to in Article 12 shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force].

3.The delegation of power referred to in Article 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.A delegated act adopted pursuant to Article 12 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

7.A delegated act excluding from the scope of this Directive any amendment to the international instruments in accordance with Article 12(3) shall be adopted at least three months before the expiration of the period established internationally for the tacit acceptance of the amendment concerned or the envisaged date for the entry into force of said amendment. In the period preceding the entry into force of such delegated act, Member States shall refrain from any initiative intended to integrate the amendment in national legislation or to apply the amendment to the international instrument concerned.

Article 14
Amendments to Directive 2009/16/EC

Directive 2009/16/EC is amended as follows:

(1)in Article 2, the following points 25 to 28 are inserted:

"25.‘ro-ro ferry’ means a passenger vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers;

26.‘high-speed passenger craft’ means a high-speed craft as defined in Regulation 1 of Chapter X of the 1974 SOLAS Convention, in its up-to-date version, which carries more than 12 passengers;

27.‘regular service’ means a series of ro-ro ferry or high-speed passenger craft 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;

28.‘pre-commencement inspection’ means an inspection on a ro-ro ferry or high-speed passenger craft falling within the scope of this Directive prior the commencement of a regular service to verify that the requirements laid down in Article 3 and Annexes I and II to Directive [XXXX] are complied with.";

(2)in Article 3(1), the following subparagraph is added:

"This Directive shall also apply to inspections of ro-ro ferries and high-speed passenger craft carried out outside a port or away from an anchorage during a regular service in accordance with Article 14a.";

(3)the following Article 14a is inserted:

"Article 14a
Inspection of ro-ro ferries and high speed passenger craft in regular service

1.    Prior to the start of operation by a ro-ro ferry or high-speed passenger craft on a regular service covered by this Directive, Member States shall carry out a pre-commencement inspection, in accordance with Article 3 of Directive [XXXX], to satisfy themselves that the ro-ro ferry or high-speed passenger craft fulfils the necessary requirements for safe operation of a regular service and to verify that the requirements laid down in Annex I of Directive [XXXX] are complied with.

2.    Ro-ro ferries and high-speed passenger craft shall in every twelve month period be subject to two port State control inspections. One of those inspections shall be an inspection during a regular service which can take either of the following forms, depending on the Member State's choice:

(a)an expanded inspection; or

(b)an inspection covering the items listed in Annex III and the sufficient number of the items listed in Annexes I and II of Directive [XXXX] to satisfy the Member State that the ferry of craft continues to fulfil all the necessary requirements for safe operation.

3.    Member States shall, when planning inspections of a ro-ro ferry or high-speed passenger craft, take due account of the operational and maintenance schedule of the ferry or craft. A Member State may agree to carry out an inspection of a ro-ro ferry or high-speed passenger craft at the request of another Member State.

4.    When a ro-ro ferry or high-speed passenger craft has been subject to an inspection, such inspection shall be recorded as an expanded inspection, in the inspection database and taken into account for the purposes of Articles 10, 11 and 12 and for calculating the fulfilment of the inspection commitment of each Member State, to the extent that all the items referred to in Annex VII to this Directive are covered.";

(4)in Article 15, paragraph 3 is deleted;

(5)in Article 16, paragraph 1 is replaced by the following:

"1.A Member State shall refuse access to its ports and anchorages to any ship which:

–flies the flag of a State whose detention rate falls into the black list, adopted in accordance with the Paris MOU on the basis of information recorded in the inspection database and as published annually by the Commission, and has been detained more than twice in the course of the preceding 36 months in a port or anchorage of a Member State or of a State signatory of the Paris MOU, or

–flies the flag of a State whose detention rate falls into the grey list, adopted in accordance with the Paris MOU on basis of information recorded in the inspection database and as published annually by the Commission, and has been detained more than twice in the course of the preceding 24 months in a port or anchorage of a Member State or of a State signatory of the Paris MOU.

The first subparagraph shall not apply in the situations described in Article 21(6).

Refusal of access shall become applicable as soon as the ship leaves the port or anchorage where it has been the subject of a third detention and where a refusal of access order has been issued.";

(6)in Article 22, paragraph 2 is replaced by the following:

"2.When the required professional expertise cannot be provided by the competent authority of the port State, the inspector of that competent authority may be assisted by any person with the required expertise.

The inspector of the competent authority of the port State may, during an inspection of a ro-ro vessel or high-speed passenger craft, be accompanied by a port State inspector of another Member State, or if requested by the company by a representative of the flag State of the vessel.".

Article 15
Repeal

Directive 1999/35/EC is repealed.

References to the repealed Directive shall be construed as references to this Directive and read in accordance with the correlation table in Annex IV.

Article 16
Review

The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than [seven years after the date referred to in the second subparagraph of Article 17(1)].

Article 17
Transposition

1.Member States shall adopt and publish, by [12 months after the entry into force] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from [12 months after the entry into force].

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a 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 18
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 19
Addressees

This Directive is addressed to the Member States.

Done at Brussels,

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

(2) 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).

(3) 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).

(4) 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).

(5) Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community (OJ L 188, 2.7.1998, p. 35).

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

(7) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Strategic goals and recommendations for the EU’s maritime transport policy until 2018 (COM/2009/0008).

(8) Council Resolution of 22 December 1994 on the safety of ro-ro passenger ferries, (94/C 379/05), O.J. No C379 of 31.12.94, p.8.

(9) http://ec.europa.eu/smart-regulation/roadmaps/index_en.htm.

(10) SWD(2015)197.

(11) Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector (OJ L 131, 28.5.2009, p. 114).

(12) OJ C , , p. .

(13) OJ C , , p. .

(14) 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).

(15) COM(2015)508.

(16) 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).

(17) 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).

(18) Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ L 131, 28.5.2009, p. 47).

EUROPEAN COMMISSION

Brussels, 6.6.2016

COM(2016) 371 final

ANNEXES

to the

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a system of inspections for the safe operation of ro-ro ferry and high-speed passenger craft in regular service and amending Directive 2009/16/EC of the European Parliament and of the Council on port State control and repealing Council Directive 1999/35/EC

ANNEX 1
SPECIFIC REQUIREMENTS FOR VESSELS IN REGULAR SERVICE

(as referred to in Articles 3 and 5)

The following shall be verified:

1.the master is provided with appropriate information on the availability of shore-based navigational guidance systems and other information schemes to assist him in the safe conduct of the voyages, before the ro-ro ferry or high-speed passenger craft begins to sail, and that he makes use of the navigational guidance and information schemes set up by Member States;

2.the relevant provisions of paragraphs 2 to 6 of MSC/Circular 699 of 17 July 1995 "Revised guidelines for passenger safety instructions" are applied;

3.a table with the shipboard working arrangements is posted in an easily accessible place, and contains:

(a)the schedule of service at sea and service in port, and

(b)the maximum hours of work or the minimum hours of rest required for watchkeepers;

4.the master is not constrained from taking any decision, which in the master's professional judgment is necessary for safe navigation and operation, in particular in severe weather and in heavy seas;

5.the master keeps a record of navigational activities and incidents which are of importance to safety of navigation;

6.any damage to, or permanent deflection of shell doors and associated hull plating that may affect the integrity of the ferry or craft, and any deficiencies in the securing arrangements of such doors, are promptly reported to both the flag State administration and the port State and are promptly repaired to their satisfaction;

7.an up-to-date voyage plan is available before the departure of the ro-ro ferry or high-speed passenger craft on its voyage. In preparing the voyage plan the guidelines set out in IMO Assembly Resolution A.893(21) of 25 November 1999 "Guidelines for voyage planning" shall be taken fully into account;

8.general information about the services and assistance available to elderly and disabled persons on board is made known to the passengers and is made available in formats suitable for people with impaired sight.

ANNEX 2
PROCEDURES FOR INSPECTIONS

(as referred to in Articles 3 and 5)

1.The inspections shall ensure that statutory requirements issued by or on behalf of the flag State, in particular those relating to for construction, subdivision and stability, machinery and electrical installations, loading, stability, fire protection, maximum number of passengers, life saving appliances and the carriage of dangerous goods, radiocommunications and navigation are fulfilled. The inspections shall include for that purpose:

–the starting of the emergency generator,

–an inspection of emergency lighting,

–an inspection of the emergency source of power for radio-installations,

–a test of the public address system,

–a fire drill, including a demonstration of the ability to use firemen's outfits,

–the operation of the emergency fire-pump with two firehoses connected to the fire main line in operation,

–the testing of the remote emergency stop controls for fuel supply to boilers, main and auxiliary engines, and for ventilation fans,

–the testing of remote and local controls for the closing of fire dampers,

–the testing of fire detection and alarm systems,

–the testing of proper closing of fire doors,

–the operation of bilge pumps,

–the closing of watertight bulkhead doors; both from the local and remote control positions,

–a demonstration that shows that key crew members are acquainted with the damage control plan,

–the lowering of at least one rescue boat and one lifeboat to the water, starting and testing their propulsion and steering system, and recovering them from the water into their stowed position on board,

–the checking that all lifeboats and rescue boats correspond to the inventory,

–the testing of the ship's or craft's steering gear and auxiliary steering gear.

2.Inspections shall include the verification of the planned maintenance system on board.

3.Inspections shall focus on the familiarisation of crew members with, and their effectiveness in, safety procedures, emergency procedures, maintenance, working practices, passenger safety, bridge procedures and cargo and vehicle-related operations. Seafarers' ability to understand and, where appropriate, give orders and instructions and report back in the common working language, as recorded in the ship's logbook shall be checked. The documented evidence that crew members have successfully followed a special training shall be checked, in particular with regard to:

–crowd-management training,

–familiarisation training,

–safety training for personnel providing direct safety assistance to passengers in passenger spaces, and in particular to elderly and disabled persons in an emergency, and

–crisis management and human behaviour training.

The inspection shall include an assessment as to whether rostering patterns are causing unreasonable fatigue particularly for watch-keeping personnel.

4.Certificates of competence of crew members serving on board vessels falling within the scope of this Directive shall comply with the provisions of Directive 2008/106/EC of the European Parliament and of the Council 1 .

ANNEX 3
PROCEDURES FOR CARRYING OUT INSPECTIONS DURING A REGULAR SERVICE

(as referred to in Article 5)

1.Passenger information

The means used to ensure that the passenger number for which the ro-ro ferry or high-speed passenger craft (hereafter referred to as "ship") is certified is not exceeded. The means of registration of passenger information complies with Council Directive 98/41/EC 2 . How the information on the total number of passengers is passed to the master and, if appropriate, how passengers undertaking a double crossing without going ashore are included in the total for the return voyage.

2.Loading and stability information

That, when applicable, reliable draught gauges are fitted and are in use. That measures are taken to ensure that the ship is not overloaded and the appropriate sub-division load line is not submerged. That the loading and stability assessment is carried out as required. That goods vehicles and other cargo are weighed where required and the figures passed to the ship for use in the loading and stability assessment. That damage control plans are permanently exhibited and that booklets containing damage control information are provided for the ship's officers.

3.Security for sea

The procedure to ensure that the ship is secured for sea before leaving the berth, which should include a positive reporting procedure that all the shell watertight and weather-tight doors are closed. That all the vehicle deck doors are closed before the ship leaves the berth or remain open long enough only to enable the bow visor to be closed, the closing arrangements for the bow, stern and side doors, and the provision of indicator lights and TV surveillance to show their status on the navigating bridge. Any difficulties with the operation of the indicator lights, particularly the switches at the doors, should be ascertained and reported.

4.Safety announcements

The form of routine safety announcements and the posting of instructions and guidance on emergency procedures in the appropriate language(s). That the routine safety announcement takes place at the commencement of the voyage and can be heard in all public spaces, including open decks, to which passengers have access.

5.Log book entries

An examination of the log book to ensure that the entries are being made regarding the closing of the bow, stern and other watertight and weather-tight doors, drills for sub-division watertight doors, testing of steering gears, etc. Also that draughts, freeboard and stability are being recorded as well as the common working language for the crew.

6.Dangerous goods

That any cargo of dangerous or polluting goods is carried in accordance with the relevant regulations and, in particular, that a declaration concerning dangerous and polluting goods is provided together with a manifest or stowage plan to show their location on board, that the carriage of the particular cargo is permitted on passenger ships, and that the dangerous and polluting goods are properly marked, labelled, stowed, secured and segregated.

That vehicles carrying dangerous and polluting goods are properly placarded and secured. That, when dangerous and polluting goods are carried, a copy of the relevant manifest or stowage plan is available ashore. That the master is aware of the notification requirements under Directive 2002/59/EC of the European Parliament and of the Council 3 and of the instructions on the emergency procedures to be followed and the rendering of first aid should there be an incident involving the dangerous goods or marine pollutants. That the means of ventilating the vehicle decks is in use at all times, is increased when the engines of the vehicles are running and that there is some form of indication on the bridge to show that the vehicle deck ventilation is in operation.

7.Securing freight vehicles

How freight vehicles are secured, for example, whether block stow or individual lashings. Whether sufficient strong points are available. The arrangements for securing freight vehicles when adverse weather is experienced or expected. The method of securing coaches and motor cycles, if any. That the ship has a cargo securing manual.

8.Vehicle decks

Whether special category and ro-ro cargo spaces are being continuously patrolled or monitored by a TV surveillance system so that the movement of vehicles in adverse weather and the unauthorised entry of passengers may be observed. That fire doors and entrances are kept shut and that notices are posted to keep passengers off the vehicle decks whilst the ship is at sea.

9.Closure of watertight doors

That the policy laid down in the ship's operational instructions for the sub-division watertight doors is being followed. That the required drills are being carried out. That the bridge control for the watertight doors is kept, when possible, on "local" control. That the doors are being kept closed in restricted visibility and any hazardous situation. That crews are instructed in the correct way to operate the doors and are aware of the dangers of their misuse.

10.Fire patrols

It should be confirmed that an efficient patrol is being maintained so that any outbreak of fire may be readily detected. This should include special category spaces where a fixed fire detection and alarm system is not fitted noting that these spaces may be patrolled as indicated in paragraph 8.

11.Communications in an emergency

That there are sufficient crew members in accordance with the muster list to assist passengers in an emergency and that they are readily identifiable and able to communicate with the passengers in an emergency, taking into account an appropriate and adequate combination of any of the following factors:

(a)the language or languages appropriate to the principal nationalities of passengers carried on a particular route;

(b)the likelihood that an ability to use elementary English vocabulary for basic instructions can provide a means of communicating with a passenger in need of assistance whether or not the passenger and crew member share a common language;

(c)the possible need to communicate during an emergency by some other means (e.g. by demonstration, hand signals, or calling attention to the location of instructions, muster stations, life-saving devices or evacuation routes when verbal communication is impractical);

(d)the extent to which complete safety instructions have been provided to passengers in their native language or languages;

(e)the languages in which emergency announcements may be broadcast during an emergency or drill to convey critical guidance to passengers and to facilitate crew members in assisting passengers.

12.Common working language between crew members

Verify that a working language is established to ensure effective crew performance in safety matters and that this working language is recorded in the ship's logbook.

13.Safety equipment

That the live-saving and fire appliances, including the fire doors and other items of the structural fire protection that may be readily inspected, are being maintained. That fire control plans are permanently exhibited or booklets containing the equivalent information are provided for the information of the ship's officers. That the stowage of the lifejackets is appropriate and that the stowage of children's lifejackets may be readily identified. That the loading of vehicles does not prevent the operation of the fire controls, emergency shut-offs, controls for the storm valves, etc. that may be located on the vehicle decks.

14.Navigational and radio equipment

That the navigational and radio communications equipment, including emergency position-indicating radio beacons (EPIRBs), are operational.

15.Supplementary emergency lighting

That supplementary emergency lighting is fitted, when required by the regulations, and that a record of deficiencies is being kept.

16.Means of escape

Marking, in accordance with the applicable requirements, and the lighting, from both the main and emergency sources of power, of the means of escape. The measures taken to keep vehicles clear of escape routes where the means of escape cross or pass through vehicle decks. That exits, particularly exits from duty free shops, which have been found to be blocked by an excess of goods, are kept clear.

17.Operations book

That copies of the operations book are provided for the master and each senior officer and that other copies are available for all members of the crew. Also that there are check lists to cover the preparation for sea and other operations.

18.Engine room cleanliness

That the engine room is maintained in a clean condition with regard to maintenance procedures.

19.Garbage disposal

That the arrangements for the handling and disposal of garbage are satisfactory.

20.Planned maintenance

All companies should have specific standing orders, with a planned maintenance system, for all safety related areas including bow and stern doors and side openings, together with their closing arrangements, but also covering engine room maintenance and safety equipment. Plans should be in place for periodically checking all items so as to maintain safety standards at the highest level. Procedures should be in place for recording deficiencies and confirming they have been properly rectified so that the master and the designated person ashore within the company management structure are aware of the deficiencies and are notified when they have been rectified within a time specified. Periodic checking of the operation of the inner and outer bow door closing arrangements should include the indicators, surveillance equipment and any scuppers in the spaces between the bow visor and the inner door and especially the closing mechanisms and their associated hydraulic systems.

21.Making a voyage

When making a voyage the opportunity should be taken to check overcrowding, including the availability of seats and the blocking of passageways, stairs and emergency exits by baggage and by passengers unable to find seats. That the vehicle deck is vacated by passengers before the ship sails and that they do not again have access until immediately prior to docking should also be checked.

Annex 4
CORRELATION TABLE

Directive 1999/35/EC	New Directive
Article 1	--
Article 2(a), (b), (d), (e), (f), (g), (h), (j), (m), (n), (o), (r)	Article 2(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11)
Article 2(c), (i), (k), (l), (p), (q), (s)	--
Article 3	Article 1
Article 4	--
Article 5(1)(a)	Article 3
Article 5(1)(b), (2)	--
Article 6	Article 3
Article 7	Article 4
Article 8(1)	Article 5(1)
Article 8(2)	Article 5(3)
Article 8(3)	Article 9(1)
Article 9	Article 6
Article 10(1)(a), (b), (c),	Article 7
Article 10(1)(d)	--
Article 10(2)	Article 7
Article 10(3)	Article 8
Article 10(4)	--
Article 11(1), (2), (3), (4), (5), (7), (8)	--
Article 11(6)	Article 6(1)
Article 13(1), (2), (4), (5)	--
Article 13(3)	Article 6(2) and Article 10
Article 14	--
Article 15	--
Article 16	--
Article 17	Article 12
Article 18	Article 11
Article 19	Article 17
Article 20	Article 16
Article 21	Article 18
Article 22	Article 19
Annex I	Annex I
Annex II	--
Annex III	Annex II
Annex IV	Annex III
Annex V	--

(1) Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (OJ L 323, 3.12.2008, p. 33).

(2) Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community (OJ L 188, 2.7.1998, p.35).

(3) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p.10).