Considerations on COM(2022)53 - Amendment of Directive 2003/25/EC as regards the inclusion of improved stability requirements and its alignment with requirements of the International Maritime Organisation

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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 EN
date May 10, 2023
 
table>(1)Directive 2003/25/EC of the European Parliament and of the Council (3) establishes a uniform level of specific stability requirements for ro-ro passenger ships improving the survivability of this type of vessel in the case of collision damage and providing a high level of safety for the passengers and the crew in conjunction with the requirements set out in the International Convention for the Safety of Life at Sea (the ‘SOLAS Convention’) in force at the date of adoption of that Directive (‘SOLAS 90’).
(2)On 15 June 2017, the International Maritime Organization (‘IMO’) adopted Resolution MSC.421(98) amending the SOLAS Convention and setting out revised stability requirements for passenger ships in damaged condition. Those requirements also apply to ro-ro passenger ships. It is necessary to take into account that development at international level and to align the Union rules and requirements with those established in the SOLAS Convention for ro-ro passenger ships engaged in international voyages.

(3)IMO Resolution 14 of the 1995 SOLAS Conference allows IMO members to conclude regional agreements if they consider that prevailing sea conditions and other local conditions require specific stability requirements in a designated area.

(4)The damage stability requirements for ro-ro passenger ships set out in Annex I to Directive 2003/25/EC are deterministic in nature. As such, they differ from the new international probabilistic regime set out in Chapter II-1 of the SOLAS Convention, and in particular from new requirements that measure the safety of a ro-ro passenger ship on the basis of the probability of survival after a collision. In order to bring the Union’s requirements into line with those new international requirements, Directive 2003/25/EC should be amended accordingly.

(5)Requirements laid down in Directive 2009/45/EC of the European Parliament and of the Council (4) remain applicable to ro-ro passenger ships. The assessment for different sizes of ro-ro passenger ships of the safety level ensured by the requirements of the SOLAS Convention as last amended by Resolution MSC.421(98) (‘SOLAS 2020’) led to the conclusion that the application of the SOLAS 2020 stability requirements would result in a significant reduction in risk for ro-ro passenger ships certified to carry more than 1 350 persons on board, as compared with the safety level resulting from the application of requirements set out in Directive 2003/25/EC.

(6)Stability requirements laid down in this Directive for ro-ro passenger ships certified to carry 1 350 or fewer persons on board would be difficult to implement in respect of certain ship designs. Therefore, companies owning or operating those ships in a regular service in the Union should have the option to apply the stability requirements applicable before the entry into force of this Directive. The use of that option should be notified by Member States to the Commission together with the data related to the ships concerned. 10 years after the date of entry into force of this Directive, the Commission should assess the use of the option in order to decide whether a further revision of this Directive is necessary.

(7)For ro-ro passenger ships certified to carry 1 350 or fewer persons on board, the optional application of the SOLAS 2020 requirements should be conditional on a higher level of R-index than the one defined in SOLAS 2020, in order to achieve the appropriate level of safety.

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

(9)Port States should cooperate to the fullest extent possible in order to establish the list of sea areas referred to in this Directive, taking into account the sovereignty of States over sea areas under their jurisdiction and the general principles of the law of the sea.

(10)The European Maritime Safety Agency (EMSA) has been assisting the Commission in the effective implementation of Directive 2003/25/EC and should endeavour to continue such assistance in line with Regulation (EC) No 1406/2002 of the European Parliament and of the Council (5).

(11)In order to enable the Commission to evaluate and report to the European Parliament and the Council on the implementation of this Directive, Member States should provide data on every new ro-ro passenger ship that is certified to carry 1 350 or fewer persons on board for regular service in compliance with the stability requirements contained in this Directive. This data should be provided in accordance with the structure set out in Annex II. This data should be available for all new ro-ro passenger ships, as they are required to comply with the probabilistic stability requirements set out in SOLAS 2020.

(12)As Directive 2009/16/EC of the European Parliament and of the Council (6) was amended, and Council Directive 1999/35/EC (7) was repealed by Directive (EU) 2017/2110 of the European Parliament and of the Council (8), the concept of ‘host State’ is no longer relevant and should therefore be replaced by that of ‘port State’.

(13)In order not to impose a disproportionate administrative burden on landlocked Member States which have no seaports, and which have no ro-ro passenger ships flying their flag falling within the scope of Directive 2003/25/EC, such Member States should be allowed to derogate from the provisions of Directive 2003/25/EC. This means that as long as those conditions are fulfilled, they are not obliged to transpose that Directive.

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