1.6.1999 Official Journal of the European Communities L 138/1 (Acts whose publication is obligatory) COUNCIL DIRECTIVE 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 84(2), 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 referred to in Article 189c of the Treaty (3), (1)  Whereas within the framework of the common transport policy further measures must be taken to improve safety in the maritime transport of passengers; (2)  Whereas the Community is seriously concerned by shipping accidents involving ro-ro ferries which have resulted in a massive loss of life; whereas persons using ro-ro ferries and high-speed passenger craft throughout the Community have the right to expect and to be able to rely on an appropriate level of safety; (3)  Whereas the Council invited the Commission, in its resolution of 22 December 1994 on the safety of roll-on/roll-off passenger ferries(*), to () OJ C 108, 7.4.1998, p. 122. (%) OJ C 407, 28.12.1998, p. 106. (%) Opinion of the European Parliament of 7 October 1998 (O] C 328, 26.10.1998, p. 82), Council Common Position of 21 December 1998 (O] C 49, 22.2.1999, p. 15) and Decision of the European Parliament of 10 February 1999 (not yet published in the Official Journal). () OJ C 379, 31.12.1994, p. 8. submit proposals for a mandatory survey and control regime for the safety of all ro-ro passenger ferries operating to or from ports of the Community, including the right of investigation of marine casualties; Whereas in view, in particular, of the internal market dimension of maritime passenger transport, action at Community level is the most effective  way of establishing a common minimum level of safety for ships throughout the Community; Whereas action at Community level is the best way to ensure the harmonised enforcement of some principles agreed on within the International Maritime Organisation (IMO), thus avoiding distortions of competition between different Community ports and ro-ro ferries and high-speed passenger craft; Whereas, in view of the proportionality principle, a Council Directive is the appropriate legal instrument as it provides a framework for the Member States’ uniform and compulsory application of the common safety standards, while leaving each Member State the right to decide which implementation tools best fit its internal system; Whereas the safety of ships is primarily the responsibility of flag States; whereas each Member State should ensure compliance with the safety requirements applicable to the ro-ro ferries and high speed passenger craft flying the flag of that Member State and to the companies that operate them;