Directive 2009/45 - Safety rules and standards for passenger ships (Recast) - Main contents
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official title
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) (Text with EEA relevance )| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2009/45 |
| Original proposal | COM(2007)737  |
| CELEX number i | 32009L0045 |
| Document | 06-05-2009 |
|---|---|
| Publication in Official Journal | 25-06-2009; Special edition in Croatian: Chapter 07 Volume 009,OJ L 163, 25.6.2009 |
| Effect | 15-07-2009; Entry into force Date pub. + 20 See Art 18 |
| End of validity | 31-12-9999 |
25.6.2009 |
EN |
Official Journal of the European Union |
L 163/1 |
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)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (3) has been substantially amended several times (4). Since further amendments are to be made, it should be recast in the interests of clarity. |
(2) |
Within the framework of the common transport policy measures must be adopted to enhance safety in maritime transport. |
(3) |
The Community is seriously concerned about shipping casualties in which passenger ships were involved resulting in a massive loss of life. Persons using passenger ships and high-speed passenger craft throughout the Community have the right to expect and to rely on an appropriate level of safety on board. |
(4) |
Work equipment and personal protective equipment of workers are not covered by this Directive, because the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5) and the relevant provisions of its relevant individual directives are applicable to the use of such equipment on passenger ships engaged on domestic voyages. |
(5) |
The provision of maritime passenger transport services between Member States has already been liberalised by Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (6). The application of the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) has been provided for by Council Regulation (EEC) No 3577/92 (7). |
(6) |
To attain a high level of safety, and to remove barriers to trade, it is necessary to establish harmonised safety standards at an appropriate level for passenger ships and craft operating domestic services. Standards for vessels operating international voyages are being developed within the International Maritime Organization (IMO). Procedures to request action at the IMO in order to bring the standards for international voyages into line with the standards of this Directive should be available. |
(7) |
In view, in particular, of the internal market dimension of maritime passenger transport, action at Community level is the only possible way to establish a common level of safety for ships throughout the Community. |
(8) |
In view of the principle of proportionality, a Directive is the appropriate legal instrument as it provides a framework for a uniform and compulsory application of the safety standards by Member States, while leaving to each Member State the right to decide the implementation tools that best fit its internal system. |
(9) |
In the interests of improving safety and avoiding distortions of competition the common safety requirements should apply to passenger ships and high-speed passenger craft engaged on domestic voyages in the Community, irrespective of the flag they fly. It is, however, necessary to exclude some categories of ships for which the rules of this Directive are technically unsuitable or... |
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