THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
Action by the Union in the sector of maritime transport should aim at improving maritime safety.
(2)
The Maritime Safety Committee (MSC) of the International Maritime Organization (IMO), during its 99th session on 16-25 May 2018 (‘MSC 99’), is expected to adopt amendments to Regulations II-1/1 and II-1/8-1 of the International Convention for the Safety of Life at Sea (‘SOLAS’) on computerised stability support for the master in case of flooding for existing passenger ships (‘amendments to SOLAS Regulations II-1/1 and II-1/8-1’), to approve the associated guidelines on operational information for masters in case of flooding for passenger ships constructed before 1 January 2014 (‘associated guidelines’) and to adopt amendments to the International Code for Application of Fire Test Procedures, 2010 (‘FTP Code’).
(3)
It is appropriate to establish the position to be taken on behalf of the Union during MSC 99, as the amendments to SOLAS Regulations II-1/1 and II-1/8-1, the approval of the associated guidelines and the adoption of amendments to the FTP Code will be capable of decisively influencing the content of Union law, namely Directive 2009/45/EC of the European Parliament and of the Council.
(4)
The amendments to SOLAS Regulations II-1/1 and II-1/8-1 and the associated guidelines should create operational guidelines for existing passenger ships, by providing regularly updated information on the residual damage stability of the ship after a flooding incident.
(5)
The amendments to the FTP Code concerning testing requirements for exposed floor coverings should provide that those provisions also apply to passenger ships carrying less than 36 passengers.
(6)
To the extent that the amendments to SOLAS Regulations II-1/1 and II-1/8-1, the approval of the associated guidelines and the amendments to the FTP Code may affect the provisions of Directive 2009/45/EC regarding passenger ships and high-speed passenger craft which are engaged on domestic voyages, those amendments fall under the exclusive competence of the Union.
(7)
The Union is not a member of the IMO, nor is it a contracting party to the relevant conventions and codes. The Council should therefore authorise the Member States to express the position of the Union and to express their consent to be bound by those amendments, to the extent that those amendments fall under the exclusive competence of the Union,
HAS ADOPTED THIS DECISION: