Directive 2023/946 - Amendment of Directive 2003/25/EC as regards the inclusion of improved stability requirements and the alignment of that Directive with the stability requirements defined by the International Maritime Organization - Main contents
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Directive (EU) 2023/946 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/25/EC as regards the inclusion of improved stability requirements and the alignment of that Directive with the stability requirements defined by the International Maritime Organization| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2023/946 |
| Original proposal | COM(2022)53  |
| CELEX number i | 32023L0946 |
| Document | 10-05-2023; Date of signature |
|---|---|
| Publication in Official Journal | 15-05-2023; OJ L 128 p. 1-10 |
| Signature | 10-05-2023 |
| Effect | 04-06-2023; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 05-12-2024; At the latest See Art 2.1 |
15.5.2023 |
EN |
Official Journal of the European Union |
L 128/1 |
DIRECTIVE (EU) 2023/946 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 10 May 2023
amending Directive 2003/25/EC as regards the inclusion of improved stability requirements and the alignment of that Directive with the stability requirements defined by the International Maritime Organization
(Text with EEA relevance)
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 (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(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... |
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