2016/0170(COD) | [ParlTrack]

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2016/0170(COD) Safety rules and standards for passenger ships: simplification; aligning the Directive with the TFEU (Commission delegated and implementing powers)

Role	Committee	Rapporteur	Shadows
Opinion	ENVI
Opinion	JURI	BERGERON Joëlle (EFD)
Lead	TRAN	AIUTO Daniela (EFD)	POGLIESE Salvatore Domenico (EPP), AYALA SENDER Inés (S&D), FOSTER Jacqueline (ECR), BILBAO BARANDICA Izaskun (ALDE), KOULOGLOU Stelios (GUE/NGL), TAYLOR Keith (Verts/ALE), ARNAUTU Marie-Christine (ENF)

Lead committee dossier: TRAN/8/06750
Legal Basis TFEU 100-p2

Subjects

Links

Activites

2017/11/15 Final act signed
2017/11/15 End of procedure in Parliament
#3569
2017/10/23 Council Meeting
2017/10/23 Act adopted by Council after Parliament's 1st reading
2017/10/04 Decision by Parliament, 1st reading/single reading
- T8-0373/2017 summary
  
  The European Parliament adopted by 659 votes to 12, with 17 abstentions, a 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. Improving the application of Directive 2009/45/EC should aim at maintaining a high level of safety, and hence of passenger confidence, through common safety standards. The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows: Scope: the amended text specifies that Member States which do not have seaports and which have no passenger ships or craft flying their flag that fall within the scope of this Directive may derogate from the provisions of this Directive. As long as these conditions are met, those Member States would not be obliged to transpose this Directive. Those Member States which intend to avail themselves of such derogation shall communicate to the Commission if the conditions are met and shall inform the Commission annually thereafter of any subsequent change. Categorisation of sea areas and classes of passenger ships: the sea areas shall be divided into different categories, namely areas A, B, C and D, the characteristics of which are specified in the Directive. Each Member State shall: (i) establish, and update when necessary, a list of the sea areas within its jurisdiction; (ii) determine the inner border of the sea area closest to the line of its coast; (iii) publish the list in a public database available on the Internet site of the competent maritime authority; (iv) notify to the Commission when modifications are made to the list. Passenger ships shall be divided into different classes (A, B, C and D) depending on the sea area in which they may operate. Aluminium ships: an amendment provides that a Member State which has, on the date of entry into force of the Directive, more than 60 passenger ships built in aluminium alloy flying its flag may, up to 12 years after the date of transposition, exempt from the provisions of the Directive Class B, C and D passenger ships built in aluminium, provided that the level of safety is not compromised. Passenger ships below 24 meters in length: these vessels shall be excluded from the scope of that Directive and should be subject to specific safety standards determined by Member States. When defining these standards, Member States shall comply with the guidelines to be published by the Commission. Those guidelines should take into consideration any international agreements and conventions by the IMO, as appropriate, and should avoid introducing additional requirements that go beyond existing international rules. Ship-carried tenders are used to ferry passengers from passenger ships directly to shore and back, taking the shortest safe sea route. They are not appropriate, and shall not be used, for other types of services such as coastal sightseeing excursions. Such excursions shall be undertaken by ships that meet the requirements for passenger ships of the coastal State. Member States and the Commission shall promote discussion at the IMO with a view to reviewing the guidelines in order to increase safety. The Commission shall assess the need to make the guidelines mandatory. Sailing ships: in order to maintain a harmonised level of safety for sailing ships in Europe, Parliament suggested that the Commission should assess and define the common requirements for this category of passenger ship by 2020. Offshore installations served by vessels: Member States are called on to actively support the work of the International Maritime Organisation (IMO) in defining appropriate safety standards for offshore vessels. These ships carry workers who require different and specific safety rules. Safety standards and ship crew: in order to maintain a high level of safety throughout a passenger ships voyage, the amended text stressed for account to be taken of the link between safety, shipboard living, working conditions and training, including training related to cross-border rescue and emergency operations in line with international requirements. The social dimension for seafarers on board ship should be improved. Greece: Greece shall be allowed to derogate from the requirement of establishing sea areas. In particular, it shall 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.
2017/10/03 Debate in Parliament
- Debate in Parliament
2017/07/11 Approval in committee of the text agreed at 1st reading interinstitutional negotiations
- PE609.506 GEDA/A/(2017)007854
2017/04/21 Committee report tabled for plenary, 1st reading/single reading
- A8-0167/2017 summary
  
  The Committee on Transport and Tourism adopted the report by Daniela AIUTO (EFDD, IT) 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. The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows: Ship-carried tenders: these are used to ferry passengers from passenger ships (primarily cruise ships) directly to shore and back, undertaking the shortest sea route. Members considered that 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. 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. Sailing ships: in order to maintain harmonised safety levels for sailing ships in Europe, Members suggested that the Commission assess and issue common requirements for this category, publishing specific guidelines by 2020. Off-shore service ships: according to Members, Member States should actively support the International Maritime Organisation’s (IMO) work as regards the definition of adequate safety standards for offshore vessels. These vessels which carry workers require different and specific rules on safety. Smaller ships below 24 metres: in determining the specific standards for smaller ships, Member States should act in accordance with guidelines to be published by the Commission. In doing so, they should take into consideration other international agreements and conventions by the IMO, and should avoid introducing additional requirements that go beyond existing international rules. Aluminium: Members considered that aluminium should be regarded as an equivalent material to steel in all Member States. Given that the national rules in place for aluminium ships ensure a high level of safety for passengers sailing domestically, Member States should be allowed to keep their current stricter fire prevention methods. The amended text provides that a Member State that has more than 60 passenger ships made from aluminium alloy flying its flag may exempt, until 8 years after the transposition date, 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. Transparency: any exemption, equivalency or additional safety measure taken by the Member States 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: in order to maintain a high level of safety throughout a passenger ships voyage, Members suggested that account be taken of not only the vessels’ physical structure and equipment but also the link between safety, shipboard living, working conditions and training of the crew. 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. Greece: Greece should be allowed to derogate from the requirement of establishing sea areas. In particular, it 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.
2017/04/11 Committee decision to open interinstitutional negotiations with report adopted in committee
2017/04/11 Vote in committee, 1st reading/single reading
#3505
2016/12/01 Council Meeting
- 3505
2016/06/09 Committee referral announced in Parliament, 1st reading/single reading
2016/06/06 Legislative proposal published
- COM(2016)0369 summary
  
  PURPOSE: to simplify and streamline the existing EU passenger ship safety regulatory framework (safety standards). PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND : Directive 2009/45/EC of the European Parliament and of the Council aims to attain a high level of safety and to remove barriers to trade, by setting harmonised safety standards at an appropriate level for passenger ships and craft operating domestic services. This Directive has brought about a common high safety level across the EU and important internal market benefits. In the spirit of the Commission's REFIT and Better Regulation agenda and as an immediate follow-up to the fitness check on EU passenger ship safety legislation, the Commission considers that the existing EU passenger ship safety regulatory framework should be simplified and streamlined in order to (i) maintain EU rules where necessary and proportionate; (ii) ensure their correct implementation; and (iii) eliminate potential overlap of obligations and inconsistencies between related pieces of legislation. The fitness check revealed that: the Directive currently applies only to 70 out of 1950 small ships, the key safety aspects of which have been already defined by Member States; several Member States certify aluminium ships under this Directive while few others do not. This creates an uneven situation resulting from a different interpretation of the Directive's scope related to the definition of an 'equivalent material' and the applicability of the corresponding fire safety standards. The proposal is fully consistent with the simplification proposals amending Council Directive 98/41/EC and the proposal replacing Council Directive 1999/35/EC CONTENT: the Commission proposes to clarify and simplify the safety rules and standards for passenger ships so that they are easier to update, monitor and enforce. The main amendments proposed are as follows: to eliminate a number of redundant, inconsistent or incorrect references, in particular related to the Intact Stability Code, High Speed Craft Code, bow height definition, port area (aligned with the definition of a sea area), place of refuge (removed), port State (replacing host State in line with the review of Directive 1999/35/EC), and recognised organisation; to provide for new definitions of traditional ship, sailing ship, pleasure yacht and craft, tender, and equivalent material. 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); to clarify the definition of equivalent material 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. Ships built from such materials have to be certified according to this Directive; to exclude ships below 24 metres from the scope of the Directive, and to clarify that the Directive does not apply to sailing ships, tenders and ships referred to in the SPS code (including offshore supply vessels); to simplify the definitions of sea areas C and D (references to the criteria of 'where the shipwrecked persons can land' and 'distance to place of refuge' removed), and to clarify that the sea areas is established by Member States in such a manner that the inner border of sea area D is clearly delimited; to update the reference to the host State (replaced by port State), to clarify that the conversion requirement is meant to apply to all ships (when converted in a passenger ships), not only to existing passenger ones and to insert a new date of application for ships built in equivalent material before the entry into force of the Directive; to increase transparency and to facilitate the notification of exemptions, equivalencies and additional safety measures by Member States, by providing for the establishment of a database by the Commission. It should include the notified measures in their draft and adopted form; to clarify that only ships fulfilling the requirements of this Directive are provided with a Passenger ship Safety Certificate; to align Directive 2009/45/EC with the provisions of the Treaty on the Functioning of the EU with regard to the power to adopt delegated and implementing acts conferred on the Commission. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
- DG {'url': 'http://ec.europa.eu/info/departments/mobility-and-transport_en', 'title': 'Mobility and Transport'}, BULC Violeta

Documents

Legislative proposal published: COM(2016)0369
Debate in Council: 3505
Committee report tabled for plenary, 1st reading/single reading: A8-0167/2017
Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE609.506 GEDA/A/(2017)007854
Debate in Parliament: Debate in Parliament
Decision by Parliament, 1st reading/single reading: T8-0373/2017

Amendments	Dossier
47	2016/0170(COD) 2016/12/12 JURI 2 amendments... Amendment 1 # Angel DZHAMBAZKI Proposal for a directive Recital 5 (5) To further simplify the definitions of sea areas provided for by Directive 2009/45/EC and to minimise the disturbances for Member States, the redundant or inadequate criteria should be removed. While maintaining the safety level, the definition of sea areas in which ships of Class C and D may operate should be simplified by removing the criterion of 'where the shipwrecked persons can land' and by removing the 'distance to the place of refuge' for the purpose of defining the sea areas. The appropriateness of a particular coastline as a place of refuge is a dynamic parameter that should be assessed on a case by case basis by the Member States concerned and, where necessary, any operational restrictions related to the distance from a place of refuge for a particular ship should be noted in the Passenger Ship Safety Certificate. Amendment 2 # Angel DZHAMBAZKI Proposal for a directive Recital 7 (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 and the data should be provided to the Member States upon request. source: 595.626 2017/03/14 TRAN 45 amendments... Amendment 16 # Inés AYALA SENDER Proposal for a directive Recital 1 (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 typesShip-carried tenders are used to ferry passengers from ships to shore and back only, and they should not be used for other types of services such as, for example, coastal sightseeing excursions and other similar activities, which should be undertaken by ships that meet the requirements for passenger ships of the coastal State, as provided for by inter alia the IMO guidelines (MSC.1/Circ.1417 on Guidelines for passenger ship tenders). The Commission should be therefore ~~excluded from its scope, such as tenders, sailing ships~~ assess the need for common European requirements, including mandatory provisions, for sthips transporting trained personnel engaged in business of the ship or offshore installations. _________________ 16Directive 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)category, and issue specific guidelines before 2020, also in order to facilitate the harmonisation of rules and standards between Member States. Amendment 17 # Lucy ANDERSON, István UJHELYI, Miltiadis KYRKOS Proposal for a directive Recital 1 (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. _________________ 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 18 # Inés AYALA SENDER Proposal for a directive Recital 1 a (new) (1a) 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. It is, however, necessary to clarify in that Directive that sailing ships should not be certified thereunder since their mechanical propulsion is only intended for auxiliary and emergency use. The Commission should therefore assess and issue common European requirements for this category, publishing specific guidelines by 2020. These guidelines should also facilitate the harmonisation of rules and standards used in Member States without adding subsequent requirements laid down in IMO rules. Amendment 19 # Salvatore Domenico POGLIESE, Salvatore Domenico POGLIESE Proposal for a directive Recital 1 a (new) (1 a) Ship-carried tenders are used to ferry passengers from passenger ships to shore and back, and they are not appropriate for other types of services such as coastal sightseeing excursions, which should be undertaken by ships that meet the requirements for passenger ships of the coastal State, as provided for by inter alia the IMO guidelines (MSC.1/Circ.1417 on Guidelines for passenger ship tenders). The Commission should therefore assess the need for common European requirements, including mandatory provisions, for vessels used for coastal sightseeing excursions, and issue specific guidelines before 2020, also in order to facilitate the harmonisation of rules and standards between Member States. Amendment 20 # Renaud MUSELIER, Franck PROUST, Tokia SAÏFI, Alain CADEC Proposal for a directive Recital 2 (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. _________________ 17deleted COM(2015)508. Amendment 21 # Marie-Christine ARNAUTU Proposal for a directive Recital 2 (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. _________________ 17 COM(2015)508.deleted Amendment 22 # Christine REVAULT D'ALLONNES BONNEFOY Proposal for a directive Recital 2 (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, because the specific properties of aluminium mean that is not a material equivalent to steel. It has been noted that the national rules in place ensure a high level of safety for passengers sailing domestically, so applying this Directive to all aluminium vessels would be disproportionate and out of line with the aims of the REFIT programme, which are to simplify the rules and reduce the administrative burden on stakeholders in the shipping industry. _________________ 17 COM(2015)0508. Amendment 23 # Dominique RIQUET Proposal for a directive Recital 2 (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. T~~o 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 applicabilit~~he mechanical and thermal properties of aluminium mean that it is not equivalent to steel, and cannot therefore be considered as an ‘equivalent material’. There are therefore no objective or scientific grounds to include aluminium in this Directive. Swift action needs to be taken to carry ofut the ~~corresponding fire safety standards,~~studies necessary to bring forward coherent proposals. Until the defin~~ition of the equivalent material should be clarified. _________________ 17~~dings of such studies are made known, national safety rules should apply. _________________ 17 COM(2015)508. COM(2015)0508. Amendment 24 # Maria GRAPINI Proposal for a directive Recital 2 ~~(2)~~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 and classification of the equivalent material should be clarified. For this purpose, aluminium should be regarded as equivalent to steel in all Member States. _________________ 17 COM(2015)508. Amendment 25 # Salvatore Domenico POGLIESE, Massimiliano SALINI Proposal for a directive Recital 2 (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. However, Member States should be allowed to keep their current stricter fire prevention methods. _________________ 17 COM(2015)508. Amendment 26 # Maria GRAPINI Proposal for a directive Recital 3 ~~(3)~~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). _________________ 18 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).Directive 2002/59/EC of the European Amendment 27 # Inés AYALA SENDER Proposal for a directive Recital 4 (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. In determining those standards, Member States should act in accordance with guidelines to be published by the Commission, and taking into consideration IMO international conventions, and should avoid introducing requirements subsequent to international rules. The Commission should expedite the development of guidelines for these vessels, as provided for by the Commission Work Programme 2017. Amendment 28 # Miltiadis KYRKOS, Elissavet VOZEMBERG-VRIONIDI Proposal for a directive Recital 5 a (new) (5 a) Due to the specific geographical and weather characteristics and the high number of islands that need to be served regularly and frequently in Greece, 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. Instead, Greece should be allowed to classify passenger ships according to the specific sea route in which they operate, while maintaining the same criteria for classes of passenger ships and the same safety standards. Amendment 29 # Maria GRAPINI Proposal for a directive Recital 7 ~~(7)~~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 in cooperation with the Member States. It should include the notified measures in their draft and adopted form. Amendment 30 # Marie-Christine ARNAUTU Proposal for a directive Recital 11 (11) In view of the full monitoring cycle of European Maritime Safety Agency visits, the Commission should evaluate the implementation of Directive 2009/45/EC no later than [sefiven years after the date referred to in the second subparagraph of Article 2(1)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all information necessary for this evaluation. Amendment 31 # Keith TAYLOR Proposal for a directive Recital 11 a (new) (11 a) The Commission should propose stronger safety and relevant social standards for the workers on ships operating on the territories of Member States, including adequate education for cross-border rescuing and emergency actions. Amendment 32 # Salvatore Domenico POGLIESE, Massimiliano SALINI Proposal for a directive Recital 11 a (new) (11 a) 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 33 # Stelios KOULOGLOU Proposal for a directive Article 1 – paragraph 1 – point 1 – point d a (new) Directive 2009/45/EC Article 2 – point q – subparagraph 1 ~~"'sea area' means an area as established pursuant to Article 4(2);" (http://www.dst.ep.parl.union.eu/dst/verificator.html?amBatchUBI=eu.europa.europarl-~~(d a) point (q) first subparagraph is replaced by the following: "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);" (This amendment applies throughout the text) Or. en DIN1-2017-0000031067_01.01-xm-01.00_text- xml#stv!lCnt=1&langISO0=en&crCnt=1&crID0=130833&diffType=isWordBased) Amendment 34 # Maria GRAPINI Proposal for a directive Article 1 – paragraph 1 – point 1 – point i Directive 2009/45/EC Article 2 – point y (y) ‘persons with reduced mobility’ means anyone who has a particular difficulty when using public transport, including elderly persons, disabled persons and those accompanying them, persons with sensory impairments and wheelchair users, pregnant women and persons accompanying small children; Amendment 35 # Renaud MUSELIER, Franck PROUST, Tokia SAÏFI, Alain CADEC Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point z a (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;deleted Amendment 36 # Christine REVAULT D'ALLONNES BONNEFOY Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point z a (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;deleted Amendment 37 # Marie-Christine ARNAUTU Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point z a (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;deleted Amendment 38 # Dominique RIQUET Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point z a (za) ‘equivalent material’ means a~~luminium alloy or any other~~ny 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; Amendment 39 # Peter van DALEN Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point z c (zc) ‘'traditional ship’s' means anyll kinds of historical ~~passenger ship designed before 1965 and their replicas built predominantly with the original materials,~~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 40 # Peter LUNDGREN Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point z c (zc) ‘traditional ship’ means anyll kinds of historical ~~passenger ship designed before 1965 and their replicas built predominantly with the original materials,~~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 41 # Lucy ANDERSON, István UJHELYI Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point z d (zd) ‘pleasure yacht/craft’ means a vessel carrying no cargo and not more than 12 passengers ~~not engaged in trade~~for commercial purposes, regardless of the means of propulsion; (This amendment applies throughout the text) Amendment 42 # Salvatore Domenico POGLIESE, Massimiliano SALINI Proposal for a directive Article 1 – paragraph 1 – point 1 – point j Directive 2009/45/EC Article 2 – point ze (ze) ‘tender’ means a ship-carried boat used for transferring more than 12 passengers from a stationary passenger ship to shore and back, within the meaning of the IMO Guidelines MSC.1/Circ.1417; Amendment 43 # Lucy ANDERSON, István UJHELYI Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/45/EC Article 3 – paragraph 1 – point a (a) ~~new~~all new ships and existing passenger ships of 24 meters in length and above; (This amendment applies thorough out the text) Amendment 44 # Renaud MUSELIER, Franck PROUST, Tokia SAÏFI, Alain CADEC Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/45/EC Article 3 – paragraph 2 – point (a) – point (ii) a (new) (iiia) vessels made of aluminium alloy; Amendment 45 # Christine REVAULT D'ALLONNES BONNEFOY Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/45/EC Article 3 – paragraph 2 – point (a) – point (ii) a (new) (iva) vessels made of an alloy containing aluminium; Amendment 46 # Stelios KOULOGLOU Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2009/45/EC Article 4 – papagraph 1 – table – lines 3 and 4 "1. Passenger ships are divided into the following classes according to the sea area in which they operate: "Class C means a passenger ship engaged on domestic voyages in sea areas or sea routes where the probability of exceeding 2,5 metres significant wave height is smaller than 10 % over a one-year period for all-year-round operation, or over a specific restricted period of the year for operation exclusively in such period (e.g. summer period operation), in the course of which it is at no time more than five miles from the line of coast, corresponding to the medium tide height. "Class D means a passenger ship engaged on domestic voyages in sea areas or sea routes where the probability of exceeding 1,5 metres significant wave height is smaller than 10 % over a one-year period for all-year-round operation, or over a specific restricted period of the year for operation exclusively in such period (e.g. summer period operation), in the course of which it is at no time more than three miles from the line of coast, corresponding to the medium tide height. ((the words ¨ or sea routes ¨ are added in the table lines 3 and 4)) Amendment 47 # Stelios KOULOGLOU Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2009/45/EC Article 4 – paragraph 2 – point a – subparagraph 1 a (new) (a) establish, and update when necessary, a list of sea areas under its jurisdiction, delimiting the inner border of the sea area in which ships of Class D may operate, zones for all-year-round operation and, where appropriate, restricted periodical operation of the classes of ships, using the criteria for classes set out in paragraph 1;; Where, for geographical reasons, it is not possible to establish a list of sea areas, a list of sea routes, covering all routes within a Member State, shall be established using the criteria for classes set out in paragraph 1. Amendment 48 # Miltiadis KYRKOS, Elissavet VOZEMBERG-VRIONIDI Proposal for a directive Article 1 – paragraph 1 – point 3 – point b a (new) Directive 2009/45/EC Article 4 – paragraph 2 – point a – subparagraph 1 a (new) (b a) By way of derogation, Greece may establish, and, when necessary, update, a list of sea routes instead of establishing, or updating, a list of sea areas. In doing so, Greece shall use the corresponding criteria for categories set out in paragraph 1. Amendment 49 # Salvatore Domenico POGLIESE, Massimiliano SALINI Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/45/EC Article 5 – paragraph 3 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 50 # Renaud MUSELIER, Franck PROUST, Tokia SAÏFI, Alain CADEC Proposal for a directive Article 1 – paragraph 1 – point 5 – point e – introductory part (e) the following paragraphs 5 ~~and 6 are~~is added: Amendment 51 # Christine REVAULT D'ALLONNES BONNEFOY Proposal for a directive Article 1 – paragraph 1 – point 5 – point e – introductory part (e) the following paragraphs 5 ~~and 6 are~~is added: Amendment 52 # Christine REVAULT D'ALLONNES BONNEFOY Proposal for a directive Article 1 – paragraph 1 – point 5 – point e Directive 2009/45/EC Article 6 – paragraph 6 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)].;deleted Amendment 53 # Renaud MUSELIER, Franck PROUST, Tokia SAÏFI, Alain CADEC Proposal for a directive Article 1 – paragraph 1 – point 5 – point e Directive 2009/45/EC Article 6 – paragraph 6 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)].;deleted Amendment 54 # Karima DELLI, Keith TAYLOR Proposal for a directive Article 1 – paragraph 1 – point 5 – point e Directive 2009/45/EC Article 6 – paragraph 6 6. Ships built in an equivalent material before [the ~~entry into force of this Directive~~transposition date referred to in the second subparagraph of Article 2(1)] shall comply with its requirements by [5insert the date five years after the date referred to in the second subparagraph of Article 2(1)].; Amendment 55 # Karima DELLI, Keith TAYLOR Proposal for a directive Article 1 – paragraph 1 – point 5 – point e a (new) Directive 2009/45/EC Article 6 – paragraph 6 a (new) 6 a. 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 14 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 56 # Marie-Christine ARNAUTU Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2009/45/EC Article 10 a – paragraph 2 2. The power to adopt delegated acts referred to in Articles 9(4), 10(3) and 10(4) shall be conferred on the Commission for ~~an indeterminate period of time~~five years from [the date of entry into force]. Amendment 57 # Marie-Christine ARNAUTU Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2009/45/EC Article 10 a – paragraph 7 7. A delegated act excluding from the scope of this Directive any amendment to the international instruments in accordance with Article 10(4) shall be adopted at least three months before the expiration of the period established internationally for the tacit acceptance of the amendment concerned or the envisaged date for the entry into force of said amendment. In the period preceding the entry into force of such delegated act, Member States ~~shall~~are asked to refrain from any initiative intended to integrate the amendment in national legislation or to apply the amendment to the international instrument concerned.; Amendment 58 # Jacqueline FOSTER Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2009/45/EC Article 14 (14) Article 14 is replaced by the following: ‘Article 141974 SOLAS Convention regulations 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. 2. The proposals referred to in paragraph 1 shall be made to the IMO on the basis of the harmonised regulations laid down in Annex I.;’deleted Amendment 59 # Lucy ANDERSON, István UJHELYI Proposal for a directive Article 1 – paragraph 1 – point 14 a (new) Directive 2009/45/EC Article 15 (14 a) Article 15 is amended as follows: 'Article 15 - Penalties Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. 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. In addition, the penalties shall be increased if the relevant infringing party has previously committed a similar infringement.' ((the second subparagraph is added to Article 15)) Amendment 60 # Marie-Christine ARNAUTU Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2009/45/EC Article 16 a The Commission shall evaluate the implementation of this Directive and submit the results of the evaluation to the European Parliament and the Council no later than [sefiven years after the date referred to in the second subparagraph of Article 2(1)].; source: 601.014

Amendments

Dossier

2016/0170(COD)

2016/12/12 JURI 2 amendments...

source: 595.626

2017/03/14 TRAN 45 amendments...

Amendment 16 #

Inés AYALA SENDER

Proposal for a directive
Recital 1

(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 typesShip-carried tenders are used to ferry passengers from ships to shore and back only, and they should not be used for other types of services such as, for example, coastal sightseeing excursions and other similar activities, which should be undertaken by ships that meet the requirements for passenger ships of the coastal State, as provided for by inter alia the IMO guidelines (MSC.1/Circ.1417 on Guidelines for passenger ship tenders). The Commission should be therefore ~~excluded from its scope, such as tenders, sailing ships~~ assess the need for common European requirements, including mandatory provisions, for sthips transporting trained personnel engaged in business of the ship or offshore installations. _________________ 16Directive 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)category, and issue specific guidelines before 2020, also in order to facilitate the harmonisation of rules and standards between Member States.

Amendment 17 #

Lucy ANDERSON, István UJHELYI, Miltiadis KYRKOS

Proposal for a directive
Recital 1

(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. _________________ 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 18 #

Inés AYALA SENDER

Proposal for a directive
Recital 1 a (new)

(1a) 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. It is, however, necessary to clarify in that Directive that sailing ships should not be certified thereunder since their mechanical propulsion is only intended for auxiliary and emergency use. The Commission should therefore assess and issue common European requirements for this category, publishing specific guidelines by 2020. These guidelines should also facilitate the harmonisation of rules and standards used in Member States without adding subsequent requirements laid down in IMO rules.

Amendment 19 #

Salvatore Domenico POGLIESE, Salvatore Domenico POGLIESE

Proposal for a directive
Recital 1 a (new)

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

Amendment 20 #

Renaud MUSELIER, Franck PROUST, Tokia SAÏFI, Alain CADEC

Proposal for a directive
Recital 2

Amendment 21 #

Marie-Christine ARNAUTU

Proposal for a directive
Recital 2

Amendment 22 #

Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a directive
Recital 2

(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, because the specific properties of aluminium mean that is not a material equivalent to steel. It has been noted that the national rules in place ensure a high level of safety for passengers sailing domestically, so applying this Directive to all aluminium vessels would be disproportionate and out of line with the aims of the REFIT programme, which are to simplify the rules and reduce the administrative burden on stakeholders in the shipping industry. _________________ 17 COM(2015)0508.

Amendment 23 #

Dominique RIQUET

Proposal for a directive
Recital 2

(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. T~~o 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 applicabilit~~he mechanical and thermal properties of aluminium mean that it is not equivalent to steel, and cannot therefore be considered as an ‘equivalent material’. There are therefore no objective or scientific grounds to include aluminium in this Directive. Swift action needs to be taken to carry ofut the ~~corresponding fire safety standards,~~studies necessary to bring forward coherent proposals. Until the defin~~ition of the equivalent material should be clarified. _________________ 17~~dings of such studies are made known, national safety rules should apply. _________________ 17 COM(2015)508. COM(2015)0508.

Amendment 24 #

Maria GRAPINI

Proposal for a directive
Recital 2

~~(2)~~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 and classification of the equivalent material should be clarified. For this purpose, aluminium should be regarded as equivalent to steel in all Member States. _________________ 17 COM(2015)508.

Amendment 25 #

Salvatore Domenico POGLIESE, Massimiliano SALINI

Proposal for a directive
Recital 2

Amendment 26 #

Maria GRAPINI

Proposal for a directive
Recital 3

~~(3)~~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). _________________ 18 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).Directive 2002/59/EC of the European

Amendment 27 #

Inés AYALA SENDER

Proposal for a directive
Recital 4

(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. In determining those standards, Member States should act in accordance with guidelines to be published by the Commission, and taking into consideration IMO international conventions, and should avoid introducing requirements subsequent to international rules. The Commission should expedite the development of guidelines for these vessels, as provided for by the Commission Work Programme 2017.

Amendment 28 #

Miltiadis KYRKOS, Elissavet VOZEMBERG-VRIONIDI

Proposal for a directive
Recital 5 a (new)

(5 a) Due to the specific geographical and weather characteristics and the high number of islands that need to be served regularly and frequently in Greece, 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. Instead, Greece should be allowed to classify passenger ships according to the specific sea route in which they operate, while maintaining the same criteria for classes of passenger ships and the same safety standards.

Amendment 29 #

Maria GRAPINI

Proposal for a directive
Recital 7

~~(7)~~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 in cooperation with the Member States. It should include the notified measures in their draft and adopted form.

Amendment 30 #

Marie-Christine ARNAUTU

Proposal for a directive
Recital 11

(11) In view of the full monitoring cycle of European Maritime Safety Agency visits, the Commission should evaluate the implementation of Directive 2009/45/EC no later than [sefiven years after the date referred to in the second subparagraph of Article 2(1)] and report to the European Parliament and the Council thereon. Member States should cooperate with the Commission to gather all information necessary for this evaluation.

Amendment 31 #

Keith TAYLOR

Proposal for a directive
Recital 11 a (new)

(11 a) The Commission should propose stronger safety and relevant social standards for the workers on ships operating on the territories of Member States, including adequate education for cross-border rescuing and emergency actions.

Amendment 32 #

Salvatore Domenico POGLIESE, Massimiliano SALINI

Proposal for a directive
Recital 11 a (new)

(11 a) 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 33 #

Stelios KOULOGLOU

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d a (new)

Directive 2009/45/EC
Article 2 – point q – subparagraph 1

~~"'sea area' means an area as established pursuant to Article 4(2);" (http://www.dst.ep.parl.union.eu/dst/verificator.html?amBatchUBI=eu.europa.europarl-~~(d a) point (q) first subparagraph is replaced by the following: "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);" (This amendment applies throughout the text) Or. en DIN1-2017-0000031067_01.01-xm-01.00_text- xml#stv!lCnt=1&langISO0=en&crCnt=1&crID0=130833&diffType=isWordBased)

Amendment 34 #

Maria GRAPINI

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point i

Directive 2009/45/EC
Article 2 – point y

(y) ‘persons with reduced mobility’ means anyone who has a particular difficulty when using public transport, including elderly persons, disabled persons and those accompanying them, persons with sensory impairments and wheelchair users, pregnant women and persons accompanying small children;

Amendment 35 #

Renaud MUSELIER, Franck PROUST, Tokia SAÏFI, Alain CADEC