Scope:

Fitness Check of:
• Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships
• Directive 2003/25/EC on specific stability requirements for ro-ro passenger ships
• Directive 1999/35/EC on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services
• Directive 1998/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community

Evaluation findings:

The fitness check showed that the key objectives of the EU passenger ship safety legislation related to passenger safety and internal market remain highly relevant. However, it also revealed that these objectives can, in some instances, be delivered in a simpler and clearer manner.

Potential for simplification has been identified in certain areas:

• Complexity and administrative burden: Mandatory surveys for the safe operation of regular ro-ro ferries have been found to significantly overlap with other types of surveys and inspections (namely flag State surveys and port State control inspections). The format of the safety standards for domestic passenger ships is outdated and not aligned with international requirements.

• Ambiguity and lack of transparency: A number of provisions, definitions and requirements are ambiguous to such extent that in certain cases they may hinder an effective implementation of the legislation.

• Disproportionate requirements for small ships: The prescriptive EU standards applicable to small steel ships only (i.e. covering ca. 70 out of 1950 small ships) have been evaluated as disproportionate and do not provide sufficient EU added value to be retained. However, in order to facilitate access for EU manufacturers to the wider EU market, some stakeholders raised the possibility of developing guidelines or a code for all small vessels.

It also showed reduced effectiveness of search and rescue operations:

• Outdated support for search and rescue operations: The current requirements, for accurate passenger data to be stored and readily available in the company's system ignores the development of information systems for data exchange at national level. Furthermore, the recorded data does not always include all necessary information.

• Safety-related issues necessitating further assessment have been identified.

Importantly, some of these issues may be better first dealt with at the international level, before further action at the EU level can be envisaged, particularly as regards the review of applicable damage stability requirements.

Estimated savings and benefits

The maximum saving potential has been estimated in the fitness check at up to EUR 1 million (i.e. reduction of 770 self-standing surveys under Directive 1999/35/EC per year for the entire EU, if the same s hips continued in service as today), part of which has been already realised in practice by combining the various kind of inspections. In addition, the main simplification potential identified by the fitness check consists of non-measurable aspects such as legal clarity, certainty and simplicity, facilitating the implementation, monitoring and enforcement of rules in place.

Which objective(s) did the Commission pursue

• Regarding the passenger ship safety framework, the aim of the proposal was the simplification and streamlining of the existing EU framework, 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 overarching objective is to provide for a clear, simple and up-to-date legal framework that is easier to implement, monitor and enforce, increasing thus the overall safety level.

• The proposal for a Council Recommendation aimed at providing a common non-binding benchmark at EU level for the safety of passenger ships below 24 meters in length that could potentially facilitate and simplify the construction and cross-border trade of small passenger vessels as well as their registration. It is a follow-up to the REFIT Fitness Check on EU passenger ship safety legislation (COM (2015)508). This initiative also aimed to provide a common safety reference for passengers sailing domestically on these ships in EU waters.

• Concerning the proposal on improved stability requirements for ro-ro passenger ships, the main objective is to reduce complexity, technical and administrative burden with respect to damage stability requirements, primarily stemming from two different regimes for the evaluation of the survivability of ro-ro passenger ships in damaged condition. The Commission proposal also aims to provide for consistency as far as practicable with the recently updated international damage stability standards as agreed at the IMO for passenger ships. The envisaged alignment with international rules and the simplification will reduce the calculation burden of shipbuilding companies and operators.

Estimated savings and benefits

The maximum saving potential has been at up to EUR 1 million (i.e. reduction of 770 self-standing surveys under Directive 1999/35/EC per year for the entire EU, if the same ships continued in service as to day), part of which has been already realised in practice by combining the various kind of inspections. In addition, the main simplification potential identified by the fitness check consists of non-measurable aspects such as legal clarity, certainty and simplicity, facilitating the implementation, monitoring and enforcement of rules in place.

The Commission proposal for a Council Recommendation on safety goals and functional requirements for passenger ships below 24 meters in length was based on the so-called goal based standards framework that has been identified in the fitness check as the only regulatory approach that would be proportionate and generate EU added value. Agreeing on the common safety level for this type of ships at EU level would send a clear signal on the internal market potential that could be further built on. In view of the novelty of such approach, its acceptance and uptake by EU Member States is key to its success. This initiative therefore sought the endorsement of general goals and performance requirements by Member States, before proceeding with any possible further development of specific rules and standards.

Given that the draft Recommendation has not aimed at defining any specific safety standards or procedures and given that its uptake will be left entirely to the decision of Member States, it is not expected to have any immediate quantifiable savings and benefits. Such impacts would be quantified in case this initiative is successfully taken up and further developed.

Outcome of Legislative Procedure

Overall, the substance and objectives of all three Commission's proposals has been well preserved. The most substantial amendments by the co-legislators relate to phase-in or transitional periods and certain country-specific derogations in the Directives. The estimated savings and benefits of the Commission's proposals have been preserved.