Directive 2017/2110 - System of inspections for the safe operation of ro-ro passenger ships and high-speed passenger craft in regular service - Main contents
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Directive (EU) 2017/2110 of the European Parliament and of the Council of 15 November 2017 on a system of inspections for the safe operation of ro-ro passenger ships and high-speed passenger craft in regular service and amending Directive 2009/16/EC and repealing Council Directive 1999/35/EC (Text with EEA relevance. )| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2017/2110 |
| Original proposal | COM(2016)371  |
| CELEX number i | 32017L2110 |
| Document | 15-11-2017; Date of signature |
|---|---|
| Publication in Official Journal | 30-11-2017; OJ L 315 p. 61-77 |
| Signature | 15-11-2017 |
| Effect | 20-12-2017; Entry into force Date pub. +20 See Art 18 |
| Deadline | 20-12-2017; See Art 13.2 21-12-2019; See Art 1.4 21-12-2026; Review See Art 16 |
| End of validity | 31-12-9999 |
| Transposition | 21-12-2019; Adoption At the latest See Art 17.1 21-12-2019; Application See Art 17.1 |
30.11.2017 |
EN |
Official Journal of the European Union |
L 315/61 |
DIRECTIVE (EU) 2017/2110 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 November 2017
on a system of inspections for the safe operation of ro-ro passenger ships and high-speed passenger craft in regular service and amending Directive 2009/16/EC and repealing Council Directive 1999/35/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union law relating to a system of mandatory surveys for the safe operation of regular ro-ro passenger ship and high-speed passenger craft services dates from 1999. It is now necessary to update that law in order to take account of the progress made in the implementation of the port State control regime put in place by Directive 2009/16/EC of the European Parliament and of the Council (3) as well as experience gained during the operation of the Paris Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982. |
(2) |
The Regulatory Fitness and Performance Programme (REFIT) fitness check shows that the Union passenger ship safety legal framework has resulted in a common safety level for passenger ships within the Union. It also shows that, as a result of the way in which Union passenger safety law has developed over time in response to differing demands and situations, there is a certain level of overlap and duplication that can and should be streamlined and simplified to reduce the administrative burden on shipowners, as well as to rationalise the effort required from Member States' maritime administrations. |
(3) |
Most Member States already, where possible, combine mandatory surveys for the safe operation of regular ro-ro passenger ships with other types of surveys and inspections, that is flag State surveys and port State control inspections. To further reduce the inspection effort and to maximise the time in which the ship or craft can be commercially exploited, whilst continuing to ensure high safety standards, vessels subject to port State control inspections should therefore be transferred so that they fall within the scope of Directive 2009/16/EC. The scope of this Directive should be confined to ships providing regular ro-ro passenger ship and high-speed passenger craft services between ports within a Member State or between a port in a Member State and a port in a third country where the flag of the vessel is the same as the Member State in question. With regard to vessels carrying out regular ro-ro passenger ship and high-speed passenger craft services between a Member State and a third country, Directive 2009/16/EC should apply if the flag is not the same as the flag of the Member State in question. |
(4) |
The concept of the ‘host State’ was introduced by Council Directive 1999/35/EC (4) in order to facilitate cooperation with third countries prior to the 2004 Union enlargement. This concept is no longer relevant and should therefore be removed. |
(5) |
Directive 1999/35/EC provided that once in every 12-month period host States are to carry out a specific survey and a survey during a regular service. Although the objective of this requirement was to ensure that those two inspections are carried out with a sufficient interval between them, the REFIT fitness check demonstrated that this is not always the case. In order to clarify the inspection regime... |
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