Directive 1998/18 - Safety rules and standards for passenger ships - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1998/18
Original proposal	COM(1996)61
CELEX number i	31998L0018

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Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships

Official Journal L 144 , 15/05/1998 P. 0001 - 0115

COUNCIL DIRECTIVE 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84(2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),

• (1) 

  Whereas within the framework of the common transport policy further measures must be adopted to enhance safety in maritime transport;

• (2) 

  Whereas the Community is seriously concerned about the latest shipping casualties in which passenger ships were involved resulting in a massive loss of life; whereas persons using passenger ships and high speed passenger craft throughout the Community have the right to expect and to rely on an appropriate level of safety on board;

• (3) 

  Whereas work equipment and personal protective equipment of workers are not covered by this Directive, because the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (4) and the relevant provisions of its relevant individual directives are applicable to the use of such equipment on passenger ships engaged on domestic voyages;

• (4) 

  Whereas the provision of maritime passenger transport services between Member States has already been liberalised by Regulation (EEC) No 4055/86 (5); whereas the application of the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), provided for by Regulation (EEC) No 3577/92 (6), will be completed throughout the Community within the next few years;

• (5) 

  Whereas to attain a high level of safety, and to remove barriers to trade, it is necessary to establish harmonised safety standards at an appropriate level for passenger ships and craft operating domestic services; whereas standards for vessels operating international voyages are being developed within the International Maritime Organisation (IMO); whereas this Directive introduces procedures to request action at IMO in order to bring in line the standards for international voyages with the standards of this Directive;

• (6) 

  Whereas, as proposed by the Commission in its communication 'A Common Policy on Safe Seas`, the Council, in its Resolution of 8 June 1993 on a common policy on safe seas (7), and the European Parliament, inter alia in its Resolution on safety at sea of 27 October 1994 (8), urged the Commission to submit as soon as possible formal proposals concerning safety rules for passenger ships when engaged on domestic voyages;

• (7) 

  Whereas, in view, in particular, of the internal market dimension of maritime passenger transport, action at Community level is the only possible way to establish a common level of safety for ships throughout the Community;

• (8) 

  Whereas, in view of the proportionality principle, a Council Directive is the appropriate legal instrument as it provides a framework for a uniform and compulsory application of the safety standards by Member States, while leaving to each Member State the right to decide the implementation tools that best fit its internal system;

• (9) 

  Whereas in the interests of improving safety and avoiding distortions of competition the common safety requirements should apply to passenger ships and high speed passenger craft engaged on domestic voyages in the Community, irrespective of the flag they fly; whereas it is however necessary to exclude some categories of ships for which the rules of this Directive...

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