EC as regards the inclusion of improved stability requirements and its alignment with requirements of the International Maritime Organisation - Main contents

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dossier	COM(2022)53 - Amendment of Directive 2003/25/EC as regards the inclusion of improved stability requirements and its alignment with ...
document	COM(2022)53
date	May 10, 2023

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 (h_S) 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.