REPORT     ***I
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21 April 2017
PE 594.091v02-00 A8-0167/2017

on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/45/EC on safety rules and standards for passenger ships

(COM(2016)0369 – C8-0208/2016 – 2016/0170(COD))

Committee on Transport and Tourism

Rapporteur: Daniela Aiuto

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Legal Affairs
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/45/EC on safety rules and standards for passenger ships

(COM(2016)0369 – C8 0208/2016 – 2016/0170(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0369),

–  having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0208/2016),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 19 October 2016(1),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Legal Affairs (A8-0167/2017),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment     1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1)  To maintain a high level of safety provided by common safety standards defined by Directive 2009/45/EC of the European Parliament and of the Council16 and to preserve level playing field, the application of that Directive should be improved. Directive 2009/45/EC should apply only to passenger ships and craft for which its safety standards have been designed. A number of specific ship types should be therefore excluded from its scope, such as tenders, sailing ships or ships transporting trained personnel engaged in business of the ship or offshore installations.

(1)  To maintain a high level of safety and passenger confidence provided by common safety standards defined by Directive 2009/45/EC of the European Parliament and of the Council16 and to preserve level playing field, the application of that Directive should be improved. Directive 2009/45/EC should apply only to passenger ships and craft for which its safety standards have been designed. A number of specific ship types should be therefore excluded from its scope, such as tenders, sailing ships or ships transporting trained personnel engaged in business of the ship or offshore installations.

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16 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).

16 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).

Amendment    2

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)  Ship-carried tenders are used to ferry passengers from passenger ships directly to shore and back, undertaking the shortest sea route. They are not appropriate, and should not be used, for other types of services such as coastal sightseeing excursions. Such excursions should be undertaken by ships that meet the requirements for passenger ships of the coastal State, as noted inter alia by the IMO guidelines (MSC.1/Circ. 1417 on Guidelines for passenger ship tenders). The Commission should assess the need for common European requirements, including mandatory provisions, for ship-carried tenders and should issue specific guidelines before 2020, in order to inter alia facilitate the harmonisation of rules and standards between Member States.

Amendment   3

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission

Amendment

 

(1b)  Directive 2009/45/EC of the European Parliament and of the Council excludes passenger ships that are not propelled by mechanical means from its scope. Sailing ships should not be certified in accordance with that Directive, where their mechanical propulsion is only intended for auxiliary and emergency use. The Commission should therefore assess the need for common European requirements for this category of passenger ship, and, in any event, should publish specific guidelines by 2020. The purpose of those guidelines should also be to facilitate the harmonisation of rules and standards used in Member States, without adding requirements to those already laid down in IMO rules.

Amendment    4

Proposal for a directive

Recital 1 c (new)

Text proposed by the Commission

Amendment

 

(1c)  The offshore installations are served by vessels that transport workers. Those workers are required to successfully complete a course of mandatory safety training and to satisfy certain mandatory medical fitness criteria. They should therefore be considered to be "special" passengers who need to be covered by different and specific safety rules that are outside the scope of this Directive. Member States should actively support the work of the IMO in the field of safety standards for offshore vessels, further to its resolution MSC.418(97).

Amendment   5

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)  The Regulatory Fitness Programme (REFIT)17 has shown that not all Member States certify aluminium ships under Directive 2009/45/EC. This creates an uneven situation that undermines the objective of achieving a common, high safety level for passengers sailing domestically in the Union. To avoid the non-uniform application arising from the interpretation of the Directive's scope related to the definition of aluminium as an equivalent material and the applicability of the corresponding fire safety standards, the definition of the equivalent material should be clarified.

(2)  The Regulatory Fitness Programme (REFIT)17 has shown that not all Member States certify aluminium ships under Directive 2009/45/EC. This creates an uneven situation that undermines the objective of achieving a common, high safety level for passengers sailing domestically in the Union. To avoid the non-uniform application arising from the interpretation of the Directive's scope related to the definition of aluminium as an equivalent material and the applicability of the corresponding fire safety standards, the definition of the equivalent material should be clarified. Consequently, aluminium should be regarded as an equivalent material to steel in all Member States. However, it has been noted that the national rules in place for aluminium ships ensure a high level of safety for passengers sailing domestically. Therefore, Member States should be allowed to keep their current stricter fire prevention methods.

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17 COM(2015)508.

17 COM(2015)508.

Amendment   6

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)  In view of increasing legal clarity and consistency, a number of definitions and references should be updated and further aligned with the related international or Union rules. In doing so, special care should be taken not to alter the existing scope and level of safety provided by Directive 2009/45/EC. In particular, the definition of traditional ship should be better aligned with Directive 2002/59/EC of the European Parliament and of the Council18 , while preserving the current criteria of the year of built and type of material. The definition of pleasure yacht and craft should be further aligned with the International Convention for the Safety of Life at Sea (SOLAS Convention).

(3)  In view of increasing legal clarity and consistency, a number of definitions and references should be updated and further aligned with the related international or Union rules. In doing so, special care should be taken not to alter the existing scope and to increase the level of safety provided by Directive 2009/45/EC. In particular, the definition of traditional ship should be better aligned with Directive 2002/59/EC of the European Parliament and of the Council18, while preserving the current criteria of the year of built and type of material. The definition of pleasure yacht and craft should be further aligned with the International Convention for the Safety of Life at Sea (SOLAS Convention).

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18 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).

18 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).

Amendment    7

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4)  In view of the principle of proportionality, the current prescriptive requirements derived from the SOLAS Convention have proven difficult to adapt to small passenger vessels below 24 meters in length. Furthermore, small ships are primarily built in other materials than steel and only a very limited number of such ships have been therefore certified under Directive 2009/45/EC. In the absence of specific safety concerns and adequate standards provided by the Directive, ships bellow 24 meters in length should be therefore excluded from its scope and should be subjected to specific safety standards determined by Member States that are better placed to assess the local limitations of navigation for these ships in terms of distance to coast or port and weather conditions.

(4)  In view of the principle of proportionality, the current prescriptive requirements derived from the SOLAS Convention have proven difficult to adapt to small passenger vessels below 24 meters in length. Furthermore, small ships are primarily built in other materials than steel and only a very limited number of such ships have been therefore certified under Directive 2009/45/EC. In the absence of specific safety concerns and adequate standards provided by the Directive, ships below 24 meters in length should therefore be excluded from its scope and should be subjected to specific safety standards determined by Member States that are better placed to assess the local limitations of navigation for these ships in terms of distance to coast or port and weather conditions. In determining those standards, Member States should act in accordance with guidelines to be published by the Commission. In doing so, they shouldtake into consideration other international agreements and conventions by the IMO, and should avoid introducing additional requirements that go beyond existing international rules. The Commission should expedite the development of guidelines for these vessels, as provided for by the Commission Work Programme 2017.

Amendment   8

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  Due to the specific geographical and weather characteristics and the high number of islands in Greece that need to be frequently and regularly served , both from the mainland or from other Greek islands, and the ensuing high number of possible maritime connections, Greece should be allowed to derogate from the requirement of establishing sea areas. In particular, Greece should be allowed to classify passenger ships according to the specific sea route that they operate, while maintaining the same criteria for classes of passenger ships and the same safety standards.

Amendment    9

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)  To increase the transparency and to facilitate the notification of exemptions, equivalencies and additional safety measures by Member States, a database should be established and maintained for this purpose by the Commission. It should include the notified measures in their draft and adopted form.

(7)  To increase the transparency and to facilitate the notification of exemptions, equivalencies and additional safety measures by Member States, the Commission, in cooperation with the Member States, should establish a database for this purpose, which it should maintain and make available on a publicly accessible website That database should include the notified measures in their draft and adopted form.

Amendment    10

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)  In order to take account of developments at international level and experience and to increase transparency, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of excluding amendments to the international instruments from the scope of this Directive if necessary, updating the technical requirements and establishing conditions of use for the database kept by the Commission to host notifications by Member States of exemptions and requests for derogation in accordance with the present Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(9)  In order to take account of developments at international level and experience and to increase transparency, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of excluding amendments to the international instruments from the scope of this Directive if necessary, updating the technical requirements and establishing detailed arrangements for access to and use of the database kept by the Commission to host notifications by Member States of exemptions and requests for derogation in accordance with the present Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of

Amendment    11

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10)  In order to establish a level playing field for passengers ships operating on voyages from and to Union ports, irrespective of the nature of the voyages they are engaged on, the Union action in view of expediting the ongoing work within the IMO to revise the regulations of the SOLAS Convention should be brought in line with the Treaty on the Functioning of the European Union.

(10)  In order to establish a level playing field for passengers ships operating on voyages from and to Union ports, irrespective of the nature of the voyages they are engaged on, the Union action in view of expediting the work within the IMO to revise and to improve the regulations of the SOLAS Convention should be brought in line with the Treaty on the Functioning of the European Union.

Amendment    12

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a)  The human element is a fundamental part of  ship safety and the procedures related to it. In order to maintain a high level of safety, it is necessary to take into account the link between safety, shipboard living, working conditions and training, as well as the need for adequate education for cross-border rescue and emergency operations The Union should therefore play a proactive role, including internationally, in order to monitor and improve the social dimension for workers on the ships.

Amendment   13

Proposal for a directive

Recital 11 b (new)

Text proposed by the Commission

Amendment

 

(11b)  In order to facilitate the implementation and transposition processes, the role of EMSA and the use of the existing Passenger Ship Safety Expert Group (PSS EG) to the Maritime Safety Group should be supported.

Amendment     14

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point d a (new)

Directive 2009/45/EC

Article 2 – paragraph 1 – point q – subparagraph 1

 

Present text

Amendment

 

(da)  point (q) first subparagraph is replaced by the following:

"'sea area' means an area as established pursuant to Article 4(2);"

"sea area or sea route means an area or - when, for geographical reasons, it is not possible to establish a sea area - a route, as established pursuant to Article 4(2);"

Amendment     15

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point j

Directive 2009/45/EC

Article 2 – paragraph 1 – point z a

 

Text proposed by the Commission

Amendment

(za)  ‘equivalent material’ means aluminium alloy or any other non-combustible material, which maintains structural and integrity properties equivalent to steel at the end of the applicable exposure to the standard fire test due to the insulation provided;

(za)  ‘equivalent material’ means aluminium alloy or any other non-combustible material which, by itself or due to the insulation provided, maintains structural and integrity properties equivalent to steel at the end of the applicable exposure to the standard fire test;

Amendment   16

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point j

Directive 2009/45/EC

Article 2 – paragraph 1 – point z c

 

Text proposed by the Commission

Amendment

(zc)  ‘traditional ship’ means any kind of historical passenger ship designed before 1965 and their replicas built predominantly with the original materials, including those designed to encourage and promote traditional skills and seamanship, that together serve as living cultural monuments, operated according to traditional principles of seamanship and technique;

(zc)  'traditional ships' means all kinds of historical ships and their replicas including those designed to encourage and promote traditional skills and seamanship, that together serve as living cultural monuments, operated according to traditional principles of seamanship and technique;

Amendment    17

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point j

Directive 2009/45/EC

Article 2 – paragraph 1 – point ze

 

Text proposed by the Commission

Amendment

‘(ze)  ‘tender’ means a ship-carried boat used for transferring more than 12 passengers from a stationary passenger ship to shore and back;’

‘(ze)  ‘tender’ means a ship-carried boat used for transferring more than 12 passengers from a stationary passenger ship directly to shore and back, undertaking the shortest sea route, within the meaning of the IMO Guidelines MSC.1/Circ.1417;’

Amendment   18

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b a (new)

Directive 2009/45/EC

Article 4 – paragraph 2 – subparagraph 1 a(new)

 

Text proposed by the Commission

Amendment

 

(ba)   the following paragraph is added:

 

By way of derogation from point (a) of the first subparagraph, for geographical reasons, Greece may establish, and update when necessary, a list of sea routes covering all routes within Greece, instead of establishing, or updating, a list of sea areas. In doing so, Greece shall use the corresponding criteria for classes of passenger ships set out in paragraph 1.

Amendment   19

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive 2009/45/EC

Article 5 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  A port State may inspect a passenger ship or a high-speed passenger craft, when engaged on domestic voyages, and audit its documentation, in accordance with the provisions of Directive 2009/16/EC of the European Parliament and of the Council*.

3.  A port State may inspect a passenger ship, a ro-ro ferry or a high-speed passenger craft, when engaged on domestic voyages, and audit its documentation, in accordance with the provisions of Directive 2009/16/EC of the European Parliament and of the Council*.

Amendment   20

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point e

Directive 2009/45/EC

Article 6 – paragraph 6

 

Text proposed by the Commission

Amendment

6.  Ships built in an equivalent material before the entry into force of this Directive shall comply with its requirements by [5 years after the date referred to in the second subparagraph of Article 2(1)].;

6.  Ships built in an equivalent material before [the transposition date referred to in the second subparagraph of Article 2(1)] shall comply with its requirements by [insert the date five years after the date referred to in the second subparagraph of Article 2(1)].;

Amendment   21

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point e a (new)

Directive 2009/45/EC

Article 6 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

(ea)  the following paragraph 6a is added:

 

6a.  By way of derogation from paragraph 6, a Member State that has more than 60 passenger ships made from aluminium alloy flying its flag on [date of entry into force] may exempt, until [insert the date 8 years after the transposition date referred to in the second subparagraph of Article 2(1)] passenger ships of Classes B, C and D which are made from aluminium alloy from the provisions of this Directive, provided there is no reduction in the level of safety and any exempted passenger ship was built before [transposition date referred to in the second subparagraph of Article 2(1)] and operates exclusively between ports of that Member State.

Amendment    22

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point b

Directive 2009/45/EC

Article 9 – paragraph 4 – subparagraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

‘Any such measures shall be applied to all passenger ships of the same Class or to craft when they are operating under the same specified conditions, without discrimination with regard to their flag or to the nationality or place of establishment of their operator.’

Amendment    23

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point b

Directive 2009/45/EC

Article 9 – paragraph 4 – subparagraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

‘The measures referred to in paragraph 3 shall apply only for as long as the ship or craft operates under the specified conditions.’

Amendment    24

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point b

Directive 2009/45/EC

Article 9 – paragraph 4 – subparagraph 5

 

Text proposed by the Commission

Amendment

‘The measures referred to in the second and fourth subparagraph shall be notified by means of a database established and maintained by the Commission for such purpose. The Commission is empowered to adopt delegated acts in accordance with Article 10a concerning the conditions of access to this database.;’

‘The measures referred to in the second and fourth subparagraph shall be notified by means of a database established, maintained and made available on a publicly accessible website by the Commission for such purpose. The Commission is empowered to adopt delegated acts in accordance with Article 10a concerning the detailed arrangements for access to this database.;’

Amendment    25

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive 2009/45/EC

Article 14 – paragraph 1

 

Text proposed by the Commission

Amendment

‘1.  With regard to passenger ships engaged on international voyages the Union shall submit proposals to the IMO to expedite the ongoing work within the IMO to revise the regulations of the 1974 SOLAS Convention, in its up-to-date version, containing issues left to the discretion of the Administration, to establish harmonised interpretations for those regulations and to adopt amendments to the latter accordingly.’

‘1.  With regard to passenger ships engaged on international voyages the Union shall submit proposals to the IMO to expedite the work within the IMO to revise and improve the regulations of the 1974 SOLAS Convention, in its up-to-date version, containing issues left to the discretion of the Administration, to establish harmonised interpretations for those regulations and to adopt amendments to the latter accordingly.’

Amendment   26

Proposal for a directive

Article 1 – paragraph 1 – point 14 a (new)

Directive 2009/45/EC

Article 15 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(14 a)  in Article 15 the following paragraph is added:

 

In particular, the penalties shall have regard to the seriousness, the duration and intentional character of the infringement, and be increased if aggravating factors are applicable.

(1)

  Not yet published in the Official Journal.


EXPLANATORY STATEMENT

Commission proposal

Directive 2009/45/EC sets safety rules and standards for new and existing passenger ships made of steel and equivalent material and high-speed craft which provide domestic services in the Member States of the EU. It implements at the level of the EU the provisions of the IMO SOLAS Convention which establishes the technical requirements for vessel construction, stability, machinery, electrics, fire safety and life-saving equipment for passenger ships, that is, ships carrying more than 12 passengers. The domestic passenger ship fleet in the EU includes about 3175 vessels which navigate in different sea areas classified under the directive, and about 900 ships which operate only in designated port areas.

The revision of the present rules follows a fitness check of the existing passenger ship safety legislation by the Commission, including consultations with Member States and stakeholders. This check showed that certain ambiguities in the legal provisions have led to differing interpretations by national authorities, in particular about whether smaller ships and certain other kinds of ships are covered by the directive or not. The Commission proposal seeks to simplify and clarify the corresponding requirements. The revised directive will, in particular:

  exclude all passenger ships below 24 metres, whether existing or new, from the scope, leaving the relevant safety standards for regulation at Member State level (Art. 3),

  exclude off-shore service vessels which transport workers to offshore installations such as wind-farms, as well as tenders which are (ship-carried) boats used to transfer passengers from a stationary passenger ship such as a cruise-ship to shore and back (Art.2),

  exclude sailing ships if equipped with auxiliary mechanical propulsion, as well as pleasure yachts, and traditional ships, by defining them more precisely (Art. 2),

  include passenger ships built from aluminium explicitly in the scope, by recognizing aluminium as a material equivalent to steel (Art. 2).

In addition, the classification of sea areas, depending on the risk for ships operating in a particular part of the sea, is streamlined and the criteria relating to points of refuge, where shipwrecked persons can land, are replaced by a clearer reference to the distance from the coast line. Furthermore, a database is to be established by the Commission to host and make available the required notifications from Member States on exemptions, equivalent or additional safety measures they may adopt with respect to the requirements of the directive (Art. 14). Finally, a range of technical definitions are updated.

Rapporteur’s position

Your rapporteur underlines that the chief purpose of the passenger ship safety regulation in must be to ensure that passengers and crew can travel safely on board of passenger ships and boats in the EU. The proposed simplification should indeed help to fully implement, monitor and enforce the rules in the Member States and thereby contribute to maintain a high overall safety level.

Your rapporteur overall supports the Commission proposal and acknowledges the findings of the preceding REFIT evaluation, but your rapporteur considers that there are a number of areas where the proposal needs to be strengthened and amended. As foreseen by the proposal, further technical work to clarify the definition of equivalent material should also facilitate the implementation of the updated rules in Member States where passenger ships built in aluminium are providing domestic services.

Guidance on safety standards for smaller and exempted ships

Smaller ships below 24 metres are widely used in passenger transport. Such ships can also be significant vessels carrying up to 250 passengers, as was also noted by the EESC. While it might be out of proportion to impose the same requirements as for larger passenger ships, it is important to maintain strong safety rules and standards when it is up to Member State to set the rules for such ships navigating in their waters. Your rapporteur therefore proposes that the Commission provides guidance to Member States, industry and operators. Such a “small craft code” will facilitate convergence in the safety rules and checks applied in Member States.

Ship-carried tenders are used to ferry passengers from passenger ship (primarily cruise ships) to shore and back only. Your rapporteur is concerned that such ships should not be used for other types of services such as coastal sightseeing excursions. These should only be undertaken by ships that meet the requirements for passenger ships of the coastal state. The Commission should therefore assess the need for common European requirements, including mandatory provisions and issue specific guidelines for this category, with a view to facilitating the harmonization of rules and standards between Member States.

Off-shore service ships are excluded from the scope based the fact they carry industrial personnel rather than passengers to offshore installations. As at present there is a lack of internationally agreed standard regarding the definition and carriage of industrial personnel which is to be addressed at the level of the IMO. Your rapporteur therefore calls on Member States to actively support the IMO work for the definition of adequate safety standards of offshore vessels.

Sailing ships were already excluded from the directive as passenger ships not propelled by mechanical means. Under the new rules it is now specified that even ships fitted with mechanical propulsion for auxiliary and emergency purposes are to be excluded. In order to maintain harmonised safety levels for sailing ships in Europe, your rapporteur suggests that Commission assesses and issues common requirements for this category, publishing specific guidelines by 2020.

Transparency

The directive allows Member States to take measures to improve safety standards in order to address specific local circumstances, to put in place national rules which are equivalent to a requirement of the directive, or to exempt ships from certain requirements under certain operation conditions (season, daytime, sea conditions etc.). Such measures must be notified to the Commission and, once adopted, also communicated to other Member States. In order to guarantee full transparency, including to the public, any exemption, equivalency or additional safety measure should be published on a publically accessible website. The general modalities of access to and use of the respective database should be specified in due time by the Commission, through an appropriate delegated act.

Safety standards and ship crew

For maintaining a high level of safety throughout a passenger ships voyage, it is important to take into account not only the vessels’ physical structure and equipment but also to take into account the link between safety, shipboard living, working conditions and training of the crew. Clearly, the human element is a fundamental part of the whole process. Your rapporteur believe the directive should spell out that the EU needs to take a proactive approach in this role, including in the international framework, in order to monitor and improve the social dimension of workers on the ships.


OPINION of the Committee on Legal Affairs (18.1.2017)

for the Committee on Transport and Tourism

on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/45/EC on safety rules and standards for passenger ships

(COM(2016)0369 – C8-0208/2016 – 2016/0170(COD))

Rapporteur: Joëlle Bergeron

SHORT JUSTIFICATION

Introduction

The Commission proposal seeks to amend Directive 2009/45/EC on safety rules and standards for passenger ships. It is not particularly old, but it does require updating in a number of areas. The aim of the directive is to maintain high safety standards for passenger ships in the EU. Because the safety levels required are harmonised, it makes sense that the directive should provide for the mutual recognition of ship safety certificates. The various changes proposed by the Commission are set out under the headings below.

Simplification of rules

The Commission proposal has been brought forward as part of the REFIT programme, which seeks to simplify EU legislation where possible. This includes, to a certain extent, the deregulation of certain activities. Although it makes sense for passenger ships to be subject to strict safety rules, it transpires that it is not necessary to require small vessels (i.e. those under 24 metres in length) to comply with harmonised safety rules as they are either too restrictive or do not apply. The proposal therefore does away with EU rules for small vessels, except high-speed vessels, leaving regulation up to the Member States. Pleasure craft are also excluded from the scope of the directive.

The rapporteur notes that, as part of the simplification process, many of the definitions included in the directive have been brought into line with the current circumstances. The directive initially applied to vessels made of steel and equivalent materials, including lightweight materials, but it was not applied in the same way in all the Member States. The proposal therefore clarifies the scope of the directive as regards the definition of aluminium as an equivalent, resistant material other than steel, in order to establish common safety standards for those vessels.

The directive currently divides sea areas up into a number of sectors depending on how dangerous the sea is, and, in particular, stipulates that lighter vessels may enter areas close to ‘places of refuge’ along the coast. Because those places of refuge were difficult to pinpoint, which made for complex calculations when it came to delineating the areas that those lighter vessels were allowed to enter, the notion of ‘place of refuge’ has now been removed in favour of a simpler reference to the distance from the coast.

Still with the aim of simplification in mind, the proposal for a directive seeks to bring the monitoring rules for new vessels into line with those that apply to existing vessels. Lastly, a number of transitional provisions that are no longer applicable have been removed from the directive in order to make it easier to read.

Database

In order to make national ship safety rules (which can still often differ from one another) easier for supervisory authorities and ship operators to access, the proposal suggests that the Commission should set up a database of the various national rules. The database would be run by the Commission, and the people concerned would have access to it. This is a very good idea in that it improves access to legislation whilst at the same time allowing the Member States to maintain their respective national rules.

Comitology

Other changes are proposed with a view to bringing the directive into line with the new comitology framework brought in by the Lisbon Treaty. References to implementing acts have therefore been updated, and the regulatory procedure with scrutiny has been removed and replaced with delegated acts.

It will in future be possible for delegated acts to be adopted in order to amend certain technical requirements, regulate the abovementioned database, and allow the Commission to limit the application in Europe of certain international shipping safety agreements in the event of any amendments being made to them in future. The rapporteur has looked at these aspects of the proposal particularly closely, and has no reservations about this new delegated power.

Conclusion

The rapporteur would point out that the proposal for a directive, which is very technical, has been examined in detail. The rapporteur has no objections to raise. The changes that have been made to bring the text into line with the current legal framework are correct, and the administrative simplifications have a positive effect.

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendment:

Amendment     1

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)  To increase the transparency and to facilitate the notification of exemptions, equivalencies and additional safety measures by Member States, a database should be established and maintained for this purpose by the Commission. It should include the notified measures in their draft and adopted form.

(7)  To increase transparency and to facilitate the notification of exemptions, equivalencies and additional safety measures by Member States, a database should be established and maintained for this purpose by the Commission. It should include the notified measures in their draft form and in the form in which they are adopted. The data concerned should be accessible to the public.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Safety rules and standards for passenger ships

References

COM(2016)0369 – C8-0208/2016 – 2016/0170(COD)

Committee responsible

       Date announced in plenary

TRAN

9.6.2016

 

 

 

Opinion by

       Date announced in plenary

JURI

9.6.2016

Rapporteur

       Date appointed

Joëlle Bergeron

11.7.2016

Discussed in committee

29.11.2016

 

 

 

Date adopted

12.1.2017

 

 

 

Result of final vote

+:

–:

0:

17

0

2

Members present for the final vote

Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Therese Comodini Cachia, Mady Delvaux, Lidia Joanna Geringer de Oedenberg, Mary Honeyball, Gilles Lebreton, Julia Reda, Evelyn Regner, József Szájer, Tadeusz Zwiefka

Substitutes present for the final vote

Daniel Buda, Sergio Gaetano Cofferati, Angel Dzhambazki, Heidi Hautala, Constance Le Grip, Victor Negrescu

Substitutes under Rule 200(2) present for the final vote

Eleonora Evi, Andrey Novakov


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Safety rules and standards for passenger ships

References

COM(2016)0369 – C8-0208/2016 – 2016/0170(COD)

Date submitted to Parliament

6.6.2016

 

 

 

Committee responsible

       Date announced in plenary

TRAN

9.6.2016

 

 

 

Committees asked for opinions

       Date announced in plenary

ENVI

9.6.2016

JURI

9.6.2016

 

 

Not delivering opinions

       Date of decision

ENVI

15.6.2016

 

 

 

Rapporteurs

       Date appointed

Daniela Aiuto

15.6.2016

 

 

 

Discussed in committee

27.2.2017

10.4.2017

 

 

Date adopted

11.4.2017

 

 

 

Result of final vote

+:

–:

0:

45

1

0

Members present for the final vote

Daniela Aiuto, Lucy Anderson, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Dieter-Lebrecht Koch, Merja Kyllönen, Miltiadis Kyrkos, Bogusław Liberadzki, Peter Lundgren, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Jens Nilsson, Markus Pieper, Salvatore Domenico Pogliese, Tomasz Piotr Poręba, Gabriele Preuß, Christine Revault D’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, David-Maria Sassoli, Claudia Schmidt, Claudia Țapardel, Keith Taylor, Pavel Telička, István Ujhelyi, Peter van Dalen, Wim van de Camp, Elissavet Vozemberg-Vrionidi, Janusz Zemke, Roberts Zīle, Kosma Złotowski, Elżbieta Katarzyna Łukacijewska

Substitutes present for the final vote

Jakop Dalunde, Kateřina Konečná, Matthijs van Miltenburg, Henna Virkkunen

Substitutes under Rule 200(2) present for the final vote

John Stuart Agnew, Jiří Maštálka

Date tabled

21.4.2017


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

45

+

ALDE

Izaskun Bilbao Barandica, Dominique Riquet, Pavel Telička, Matthijs van Miltenburg

ECR

Jacqueline Foster, Tomasz Piotr Poręba, Roberts Zīle, Kosma Złotowski, Peter van Dalen

EFDD

Daniela Aiuto, Peter Lundgren

GUE/NGL

Kateřina Konečná, Merja Kyllönen, Jiří Maštálka

PPE

Georges Bach, Deirdre Clune, Andor Deli, Dieter-Lebrecht Koch, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Markus Pieper, Salvatore Domenico Pogliese, Massimiliano Salini, Claudia Schmidt, Henna Virkkunen, Elissavet Vozemberg-Vrionidi, Luis de Grandes Pascual, Wim van de Camp

S&D

Lucy Anderson, Inés Ayala Sender, Isabella De Monte, Ismail Ertug, Miltiadis Kyrkos, Bogusław Liberadzki, Jens Nilsson, Gabriele Preuß, Christine Revault D'Allonnes Bonnefoy, David-Maria Sassoli, Claudia Țapardel, István Ujhelyi, Janusz Zemke

Verts/ALE

Michael Cramer, Jakop Dalunde, Keith Taylor

1

-

EFDD

John Stuart Agnew

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 24 April 2017Legal notice