Visits to Member States on passenger ship safety
EMSA is currently in the process of carrying out a second cycle of visits to Member States in respect of Union law concerning passenger ship safety.
The first cycle of visits was carried out in respect of 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, as amended. It was initiated in 2012 but was concluded in 2015 with only eleven Member States having been visited but with related results providing input to the EU Passenger Safety Legislation Fitness Check (REFIT) carried out by the Commission at the time.
More recently, the Commission asked EMSA to carry out a more far-reaching cycle of visits to all Member States in respect of elements of the following three Directives:
- Directive 98/41/EC on the registration of persons sailing on board passenger ships;
- Directive 2003/25/EC on specific stability requirements for ro-ro passenger ships;
- Directive 2009/45/EC on safety rules and standards for passenger ships
This cycle was originally planned to start in 2020 but was delayed due to the COVID-19 pandemic. It started in February 2021 and is expected to be concluded in 2027.
Article 1 of Directive 98/41/EC states:
The purpose of this Directive shall be to enhance the safety and possibilities of rescue of passengers and crew on board passenger ships operating to or from ports in Member States of the Community and to ensure that search and rescue and the aftermath of any accident which may occur can be dealt with more effectively.
The visits examine in particular the following:
1. The way in which the Directive has been transposed and implemented in operational terms.
2. The provisions of the Member State for ensuring that Provisions for determining the maximum number of persons allowed on board a passenger ship.
3. Approval mechanism for the systems for registering the number of persons on board passenger ships.
4. The controls used to ensure the accuracy of the registration of the number of passengers on board and the reporting to the shipping company.
5. The availability of the passenger information to the appointed designated authorities of the national administration.
6. Exemptions of passenger ships from registering passenger information.
7. The provisions for passengers with special needs or requiring assistance in emergency situations to notify this information to the passenger ship.
8. The ability to register and provide the required service to passengers with special needs or assistance in emergency situations.
9. The system of penalties for breaching the national provisions for the registration of persons on board passenger ships.
Article 1 of Directive 2003/25/EC states:
The purpose of this Directive is to lay down a uniform level of specific stability requirements for ro-ro passenger ships, which will improve the survivability of this type of vessel in case of collision damage and provide a high level of safety for the passengers and the crew.
The visits examine in particular the following:
1. The way in which the Directive has been transposed and implemented in operational terms.
2. That the required significant wave heights and sea areas have been defined and have been applied.
3. That the specific stability requirements for new and existing ships have been defined and applied.
4. That required certificates for new and existing ships have been issued, and the way in which these have been recognised/accepted.
5. The system of penalties for breaching the national provisions.
Article 1 of Directive 2009/45/EC states:
The purpose of this Directive is to introduce a uniform level of safety of life and property on new and existing passenger ships and high-speed passenger craft, when both categories of ships and craft are engaged on domestic voyages, and to lay down procedures for negotiation at international level with a view to a harmonisation of the rules for passenger ships engaged on international voyages.
The visits examine in particular the following:
1. The way in which the Directive has been transposed and implemented in operational terms.
2. The application by national authorities of the safety requirements of the Directive in relation to both new and existing passenger ships and high-speed passenger craft, when engaged on domestic voyages, shall comply with the relevant safety rules and standards laid down in this Directive.
3. The national provisions on safety requirements as applied for persons with reduced mobility.
4. Any national provisions regarding additional safety requirements, equivalents, exemptions and safeguard measures.
5. The national provisions in place for carrying out the required surveys, and for the issue of the required certificates.
6. The system of penalties for breaching the national provisions.