Author (Corporate) | European Commission |
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Series Title | COM |
Series Details | (2016) 371 final (6.6.16) |
Publication Date | 06/06/2016 |
Content Type | Policy-making |
In the spirit of the Commission's REFIT and Better Regulation agenda and as an immediate follow-up to the fitness check on EU passenger ship safety legislation, the Commission puts forward a set of proposals to bring about the identified simplification potential. The objectives of this revision are to simplify and streamline the existing EU passenger ship safety regulatory 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. An 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. Council Directive 1999/35/EC provides for a number of types of inspection addressing particular safety characteristics of ro-ro ferries and high-speed craft (HSC). These address specific risks related to undivided vehicle decks giving rise to stability and fire vulnerabilities, very intense activity, the risks of cargo shift, water-tightness issues, hoistable ramps and wear & tear. Notwithstanding the fact that the special inspection regime for these vessels remains necessary, the requirements of this Directive no longer match the realities. The situation today is significantly different compared to almost 20 years ago when Directive 1999/35/EC was adopted. Today, the vast majority of Member States combine or replace some of the inspections required under Directive 1999/35/EC with either flag state surveys or port state control inspections. This practice renders the implementation and enforcement of this Directive problematic, given the different scope of these inspections and regulatory overlaps. In particular, the legal framework allows for a port state control inspection to be replaced by a Directive 1999/35/EC survey. However, given that the scope of Directive 1999/35/EC survey does not include all elements covered by the port state control, this overlap in fact creates a regulatory gap. It is therefore proposed to update, clarify and simplify the existing survey requirements for ro-ro ferries and HSC while maintaining the same level of safety and key delivery mechanisms. This is fully in line with the Commission's REFIT programme and aims to further rationalise the inspection effort of national administrations and to maximise the time in which the ship can be commercially exploited. See also: |
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Source Link | Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:371:FIN |
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Subject Categories | Mobility and Transport |
Countries / Regions | Europe |