An EU Directive provides a legal framework for prescribing harmonised safety rules and standards for passenger ships. The Directive applies to both passenger ships and crafts engaging on domestic voyages. It deals with new passenger ships, existing passenger ships of 24 m or more and high-speed passenger crafts.
Each EU state which registers ships must ensure that ships and high-speed passenger craft engaged in domestic voyages meet the requirements of the directive.
The Directive does not apply to
- passenger ships intended for military purposes,
- pleasure yachts which carry no more than 12 passengers and are intended for commercial purposes;
- passenger ships and craft without means of mechanical propulsion or of primitive build or constructed in material other than steel or equivalent;
- historical ships or replicas;
- passenger craft exclusively engaged in port areas.
Passenger ships are divided into classes A, B, C and D. This reflects the areas in which they may operate. Each EU state contains a list of sea areas under its jurisdiction. It is to provide for the areas in which operations ships are to be permitted to operate for part or all of the year. The lists are to be made publicised on the authority’s website.
EU states are to authorise passenger ships and high-speed passenger craft under the Directive which comply with the relevant safety rules and standards. States must recognise certificates issued by other countries. The host state may carry out inspections in order to audit documentation and compliance.
The Directive sets out the detailed safety requirements for ships of the various classes. They cover the range from standards of construction, machinery, life-saving equipment, electrics, fire protection etc.
States must take measures to ensure that persons with reduced mobility have access to passenger ships and high-speed pleasure craft operating a transport service.
States have limited flexibility in relation to the safety requirements. In the context of the procedures under the Directive, they may
- take measures which improve safety requirements;
- authorise on a basis equivalent to the rules provided in the Directive;
- exempt some from requirements for domestic voyages within the sea areas subject to certain conditions.
Where a passenger ship or craft which complies with the Directive is considered to be a risk for persons, property or the environment, it may be suspended from operation or be required to take additional measures.
Ships registered in an EU state must be subject to survey. New ships are subject to an initial survey before being put into service. Existing ships are subject to an initial survey before being put into service on domestic voyages in another EU state.
Ships are subject to annual and if necessary more frequent surveys. A safety certificate is issued for a period of 12 months after survey. The renewal of the certificate is subject to further survey.
An EU Directive provides for common rules and standards for ship inspection and survey bodies and for certain aspects of maritime administration. States must ensure that their administrations implement international conventions in relation to inspection and certification of ships in order to comply with the standards provided by conventions.
States may only give the duties of inspection, survey, alteration or renewal of certificates to recognised organisations. States may not refuse authorisation for recognised organisations. They may limit the number of organisations so authorised in accordance with objective and non-discriminatory criteria. The organisations may offer their services through the regulators in other states.
The authorisation arrangements must be regulated by an agreement or equivalent legal arrangement containing requirements in relation to financial liability orders of duties, random inspections and compulsory reporting. Authorisations can be suspended or withdrawn where the relevant conditions are no longer complied with.
Passenger Services I
A Council directive provides for a mandatory system of surveys for regular roll-on, roll-off on ferries and high-speed passenger craft services. It applies to all such services operating from a port in the EU regardless of their place of registration when engaged in domestic or international voyages in relation to certain ship classes. States may extend the application to domestic voyages in other areas.
The directive provides rights for states to conduct and participate or cooperate in the investigation of maritime casualties on such services.
Services are regular if it they consist of a series of crossings operated between two or more ports or series of crossings without intermediate calls in accordance with a published timetable or with crossings so regular or frequent that they constitute a recognisable systematic arrangement.
Prior to the commencement of any such regular service, states must ensure that the operators take the measures required to ensure the application of the rules and requirements set out in the annex to the directive and agree that any host or other states particularly concerned may participate and cooperate in the investigation of incidences and casualties and furnish the relevant information including voyage data recorder information.
For vessels flying third-party flags, the administration of the flag state may accept the operator’s commitment to the requirements of the directive.
High-speed passenger and roll-on, roll-off ferries
- must carry valid certificates issued by the flag state.
- must be surveyed for certificates in accordance with the IMO provisions.
- must comply with classification standards for construction and maintenance of hull machinery, electrical and control installation.
- must be fitted with a voyage data recorder.
- must comply with specific stability requirements.
Passenger Services II
The host state must carry out an initial survey in accordance with the provisions of the directive to satisfy itself that the craft complies with the requisite safety requirements. The survey may be undertaken prior to entry into operation or within 12 months. Each state is to carry out a further specific survey every 12 months in accordance with the provisions of the directive and subject to the detailed requirements to ensure that every craft fulfils the relevant requirements.
Specific surveys are also required after major repairs, alterations or modifications. Where craft have been subject to specific survey they are exempted from more rigorous inspection under other directives.
Shortcomings identified in the survey must be rectified and the rectification must be vouched and verified; otherwise, the craft must be prevented from operating.
Whether the state has an interest, it may take part in the investigation of casualties.
There are provisions for collaboration between the host state and the state of the flag regarding exemptions.
There are provisions for the establishment of shore-based navigation guidance systems, communications to be Commission of copies of survey reports and the establishment of operating restrictions.
The Commission is to compile a database based on inspection reports. Provisions are made for access to the database. States are to inform other countries which bear either the flag state or hold state responsibilities for requirements imposed. The states must provide penalties as required.
An EU directive provides safety standards relating to marine equipment on board ships. International conventions, including the convention for the safety of life at sea, require marine equipment to comply with safety regulations. The EU directive seeks to enhance safety and prevent marine pollution through the uniform application of the international rules and free movement of marine equipment within the EU.
The directive applies to equipment for use on a new EU ship, regardless of where constructed, equipment based on an existing EU ship at the time of entry. The marine equipment is listed in the directive. Equipment used must be manufactured in accordance with the international rules.
Standards bodies are responsible for the assessment of conformity with the directive. Different examination procedures may be used depending on the equipment.
For individual equipment or equipment produced in smaller quantities, EC-type examination module B or EC unit verification module G may be undertaken. Equipment must bear a conformity mark.