Safety requirements
Article 6
1
With regard to new and existing passenger ships of Classes A, B, C and D:
a
the construction and maintenance of the hull, main and auxiliary machinery, electrical and automatic plants shall comply with the standards specified for classification by the rules of a recognised organisation, or equivalent rules used by an Administration in accordance with Article 11(2) of Directive 2009/15/EC of the European Parliament and of the Council ;
b
the provisions of Chapters IV, including the 1988 GMDSS amendments, V and VI of the 1974 SOLAS Convention, as amended, shall apply.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
With regard to new passenger ships:
a
general requirements:
1. new passenger ships of Class A shall comply entirely with the requirements of the 1974 SOLAS Convention, as amended, and with the specific relevant requirements specified in this Directive; for those regulations for which the 1974 SOLAS Convention, as amended, leaves the interpretation to the discretion of the Administration, the Administration of the flag State shall apply the interpretations as contained in Annex I to this Directive;
2. new passenger ships of Classes B, C, and D shall comply with the specific relevant requirements specified in this Directive;
b
load line requirements:
1. all new passenger ships of 24 metres in length and above shall comply with the 1966 International Convention on Load Lines;
. . . . .
3. notwithstanding point (i), new passenger ships of Class D are exempt from the minimum bow height requirement laid down in the 1966 International Convention on Load Lines;
4. new passenger ships of Classes A, B, C, and D shall have a full deck.
3
With regard to existing passenger ships:
a
existing passenger ships of Class A shall comply with the regulations for existing passenger ships defined in the 1974 SOLAS Convention, as amended, and with the specific relevant requirements in this Directive; for those regulations for which the 1974 SOLAS Convention, as amended, leaves the interpretation to the discretion of the Administration, the Administration of the flag State shall apply the interpretations as contained in Annex I to this Directive;
b
existing passenger ships of Class B shall comply with the specific relevant requirements in this Directive;
c
existing passenger ships of Classes C and D shall comply with the specific relevant requirements in this Directive and, in respect of matters not covered by such requirements, with the rules of the Administration of the flag State; such rules shall provide an equivalent level of safety to that of Chapters II-1 and II-2 of Annex I, while taking into account the specific local operational conditions related to the sea areas in which ships of such classes are allowed to operate; before existing passenger ships of Classes C and D can be engaged on regular domestic voyages in a port State, the Administration of the flag State shall obtain the agreement of the port State concerning such rules;
d
where a Member State is of the view that rules required by the Administration of the port State pursuant to point (c) of this paragraph are unreasonable, it shall immediately notify the Commission thereof. The Commission shall adopt implementing acts, containing its decision whether those rules are reasonable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
With regard to high-speed passenger craft:
a
high speed passenger craft constructed or subjected to repairs, alterations or modifications of a major character on or after
1 January 1996
shall comply with the requirements of Regulation X/2 and X/3 of the 1974 SOLAS Convention, unless
- their keel was laid or they were at a similar stage of construction not later than June 1998, and
- delivery and commissioning has taken place not later than December 1998, and
- they fully comply with the requirements of the Code of Safety for Dynamically Supported Craft (DSC Code) in IMO Resolution A.373(10), in its up-to-date version;
b
high-speed passenger craft constructed before 1 January 1996 and complying with the requirements of the High-Speed Craft Code shall continue operation certified under that Code;
high-speed passenger craft constructed before 1 January 1996 and not complying with the requirements of the High-Speed Craft Code may not be engaged on domestic voyages unless they were already in operation on domestic voyages in a Member State on 4 June 1998, in which case they may be allowed to continue their domestic operation in that Member State; such craft shall comply with the requirements of the DSC Code;
c
the construction and maintenance of high-speed passenger craft and their equipment shall comply with the rules for the classification of high-speed craft of a recognised organisation, or equivalent rules used by an Administration in accordance with Article 11(2) of Directive 2009/15/EC.
5
With regard to new and existing ships repairs, alterations and modifications of a major character and outfitting related thereto shall comply with the requirements for new ships set out in point (a) of paragraph 2; alterations made to a ship which are intended solely to achieve a higher survivability standard shall not be regarded as modifications of a major character.
6
Ships built in an equivalent material before
20 December 2017
shall comply with requirements of this Directive by
22 December 2025
.
7
By way of derogation from this Directive, a Member State with more than 60 passenger ships built in aluminium alloy flying its flag on
20 December 2017
may exempt from the provisions of this Directive the following passenger ships for the following periods:
a
Class B, C and D passenger ships built in aluminium alloy after
20 December 2017
, for a period of 10 years after that date; and
b
Class B, C and D passenger ships built in aluminium alloy before
20 December 2017
, for a period of 12 years after that date;
provided that those ships operate exclusively between ports of that Member State.
Any Member State wishing to avail itself of this derogation shall notify the Commission of its intention to do so by
21 December 2019
as well as inform the Commission of the content. They shall also communicate to the Commission any subsequent change. The Commission shall inform the other Member States in accordance with Article 9(4).
Directive 2009/15/EC of the European Parliament and of the Council of
23 April 2009
on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (
OJ L 131, 28.5.2009, p. 47
).
Substituted by Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 2017 amending Directive 2009/45/EC on safety rules and standards for passenger ships (Text with EEA relevance).
Substituted by Commission Directive 2010/36/EU of 1 June 2010 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships (Text with EEA relevance).
Deleted by Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 2017 amending Directive 2009/45/EC on safety rules and standards for passenger ships (Text with EEA relevance).
Inserted by Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 2017 amending Directive 2009/45/EC on safety rules and standards for passenger ships (Text with EEA relevance).