(a) on a regular service between a port of a Member State and a port of a third country where the flag of the vessel is the same as that of the Member State in question; or (b) on a regular service on domestic voyages 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 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 ).
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 (Text with EEA relevance. )
(1) "ro-ro passenger ship" means a ship 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 craft as defined in Regulation 1 of Chapter X of SOLAS 74, and carrying more than 12 passengers; (3) "SOLAS 74" means the 1974 International Convention for the Safety of Life at Sea, including Protocols and amendments thereto, in its up-to-date version; (4) "High Speed Craft Code" means the "International Code of Safety for High Speed Craft" contained in IMO Maritime Safety Committee Resolution MSC.36(63) of 20 May 1994 or the International Code of Safety for High-Speed Craft, 2000 (2000 HSC Code), contained in IMO Resolution MSC.97(73) of December 2000, in its up-to-date version;(5) "HSSC" means the IMO Survey Guidelines under the Harmonized System of Survey and Certification, in its up-to-date version; (6) "regular service" means a series of ro-ro passenger ship 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;
(7) "sea area" means any sea area or sea route established pursuant to Article 4 of Directive 2009/45/EC; (8) "certificates" means: (a) for ro-ro passenger ships and high-speed passenger craft engaged on international voyages, the safety certificates issued under SOLAS 74 or under the High Speed Craft Code respectively, together with the relevant attached records of equipment; (b) for ro-ro passenger ships 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;
(9) "administration of the flag State" means the competent authorities of the State whose flag the ro-ro passenger ship or the high-speed passenger craft is entitled to fly; (10) "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; (11) "company" means the organisation or person who has agreed to take over all the duties and responsibilities imposed by the International Management Code for Safe Operation of Ships and for Pollution Prevention (the ISM Code) in its up-to- date version or, in cases where Chapter IX of SOLAS 74 does not apply, the owner of the ro-ro passenger ship 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 passenger ship or the high-speed passenger craft from its owner; (12) "inspector" means a public-sector employee or other person, duly authorised by the competent authority of a Member State to carry out the inspections provided for in this Directive, who is responsible to that competent authority and who fulfills the minimum criteria specified in Annex XI to Directive 2009/16/EC; (13) "competent authority of the Member State" means the authority appointed by the Member State under this Directive and responsible for carrying out the tasks assigned to it by this Directive.
(a) verification of the compliance with the requirements laid down in Annex I; and (b) an inspection, in accordance with Annex II, to satisfy themselves that the ro-ro passenger ship or high-speed craft fulfills the necessary requirements for safe operation of a regular service.
(a) a visual inspection and document check raises no concerns that the ro-ro passenger ship 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 1 month.
(a) an inspection, in accordance with Annex II; and (b) an inspection during a regular service, taking place not before 4 months but not later than 8 months after the inspection referred to in point (a) and covering the items listed in Annex III and what, in the professional judgment of the inspector, constitutes a sufficient number of the items listed in Annexes I and II to ensure that the ro-ro passenger ship or high-speed passenger craft continues to fulfill all the necessary requirements for safe operation.
(1) in Article 2, the following points are inserted: "25. "ro-ro passenger ship" means a ship 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 craft as defined in Regulation 1 of Chapter X of SOLAS 74, and carrying more than 12 passengers; 27. "regular service" means a series of ro-ro passenger ship 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;";
(2) in Article 3(1), the following subparagraph is added: "This Directive shall also apply to inspections of ro-ro passenger ships 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) in Article 13, the introductory phrase is replaced by the following: "Member States shall ensure that ships which are selected for inspection in accordance with Article 12 or Article 14a are subject to an initial inspection or a more detailed inspection as follows:"; (4) the following Article is inserted: "Article 14a Inspection of ro-ro passenger ships and high speed passenger craft in regular service 1. Ro-ro passenger ships and high-speed passenger craft operating on a regular service are eligible for inspections in accordance with the time frame and other requirements set out in Annex XVII. 2. Member States shall, when planning inspections of a ro-ro passenger ship or high-speed passenger craft, take due account of the operational and maintenance schedule of the ro-ro passenger ship or high-speed passenger craft. 3. When a ro-ro passenger ship or high-speed passenger craft has been subject to an inspection in accordance with Annex XVII, such inspection shall be recorded in the inspection database, and shall be taken into account for the purposes of Articles 10, 11 and 12 and for calculating the fulfillment of the inspection commitment of each Member State. It shall be included in the total number of annual inspections carried out by each Member State, provided for in Article 5. 4. Article 9(1), Article 11(a) and Article 14 shall not apply to ro-ro passenger ships and high-speed passenger craft on a regular service inspected under this Article. 5. The competent authority shall ensure that the ro-ro passenger ships or high-speed passenger craft that are subject to an additional inspection in accordance with Article 11(b) are selected for inspection in accordance with Annex I, Part II 3A(c) and 3B(c). Inspections carried out under this paragraph shall not affect the inspection interval provided for in paragraph 2 of Annex XVII. 6. The inspector of the competent authority of the port State may agree to be accompanied, during an inspection of a ro-ro passenger ship or high-speed passenger craft, by a port State inspector of another Member State acting as an observer. Where the flag of the vessel is that of a Member State, the port State shall, upon request, invite a representative of the flag State to accompany the inspection as an observer."; (5) in Article 15, paragraph 3 is deleted; (6) 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 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 the basis of information recorded in the inspection database and 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 to the situations described in Article 21(6). The refusal of access shall be 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."; (7) The following Annex is added: "
".
(a) a visual inspection and document check raises no concerns that the ro-ro passenger ship or high-speed passenger craft does not fulfill the necessary requirements for safe operation; and (b) the Member State completes the inspection provided for in Article 3(1) of Directive (EU) 2017/2110 within 1 month.
(a) an inspection, including the requirements of Annex II to Directive (EU) 2017/2110 and of Commission Regulation (EU) No 428/2010 Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships (OJ L 125, 21.5.2010, p. 2 ).(b) an inspection during a regular service. This inspection shall cover the items listed in Annex III to Directive (EU) 2017/2110 and what, in the professional judgment of the inspector, constitutes a sufficient number of the items listed in Annexes I and II to Directive (EU) 2017/2110, to ensure that the ro-ro passenger ship or high-speed passenger craft continues to fulfill all the necessary requirements for safe operation.
1. that 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 passenger ship 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. that 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. that 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. that 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. that the master keeps a record of navigational activities and incidents which are of importance to safety of navigation; 6. that any damage to, or permanent deflection of shell doors and associated hull plating that may affect the integrity of the ro-ro passenger ship or high-speed passenger 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. that an up-to-date voyage plan is available before the departure of the ro-ro passenger ship or high-speed passenger craft on its voyage and that in preparing the voyage plan the guidelines set out in IMO Assembly Resolution A.893(21) of 25 November 1999 "Guidelines for voyage planning" are taken fully into account;8. that 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.
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.
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.
1. Passenger information That the number of passengers for which the ro-ro passenger ship or high-speed passenger craft ("the ship") is certified is not exceeded, and that the registration of passenger information complies with Council Directive 98/41/EC 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 ).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 That 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 is followed. 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 That the form of routine safety announcements and the posting of instructions and guidance on emergency procedures occurs in the appropriate language or languages. 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 That the log book is examined 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 theCouncil 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 ).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 That an efficient patrol is being maintained so that any outbreak of fire may be readily detected. This should include special category spaces where no fixed fire detection and alarm system is fitted. Those spaces may be patrolled as indicated in point 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 if the passenger and crew Member do not share a common language; (c) the possible need to communicate during an emergency by 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) whether 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 That a working language has been 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 can 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 That means of escape, including escape routes, are marked, in accordance with the applicable requirements, and lighted, from both the main and emergency sources of power. That measures are taken to keep vehicles clear of escape routes where those escape routes 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. Engine room cleanliness That the engine room is maintained in a clean condition in accordance with the maintenance procedures. 18. Garbage disposal That the arrangements for the handling and disposal of garbage are satisfactory. 19. Planned maintenance That all companies 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. That there are plans in place for periodically checking all items so as to maintain safety standards at the highest level. That there are procedures 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. That periodic checking of the operation of the inner and outer bow door closing arrangements includes 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. 20. 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. It is necessary to check 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.
| Directive 1999/35/EC | This Directive |
|---|---|
| Article 1 | — |
| Article 2, points (a), (b), (d), (e), (f), (g), (h), (j), (m), (o), (r) | Article 2, points (1), (2), (3), (4), (6), (7), (8), (9), (10), (11), (12) |
| Article 2, points (c), (i), (k), (l), (n), (p), (q), (s) | — |
| Article 3 | Article 1 |
| Article 4 | — |
| Article 5, point (1)(a) | Article 3 |
| Article 5, points (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 |