No L 320/14 Official Journal of the European Communities 30. 12. 95 COUNCIL REGULATION (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing he European Community, and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (), Acting in accordance with the procedure referred to in Article 189¢ of the Treaty (%), Whereas the Community is seriously concerned by shipping casualties with loss of life; Whereas the International Safety Management Code providing for the safe operation of ships and for pollution prevention, hereinafter referred to as the ‘ISM Code’, was adopted by the International Maritime Organization (IMO) through Assembly Resolution A.741(18) of 4 November 1993 in the presence of the Member States and, through its incorporation into the International Convention on the Safety of Life at Sea 1974, will apply to ro-ro passenger vessels from 1 July 1998; Whereas this represents one of a series of measures to improve safety at sea; whereas the ISM Code is not yet of a mandatory but of a recommendatory nature; Whereas safety of human life at sea may be effectively enhanced by applying the ISM Code strictly and on a mandatory basis; Whereas the Community’s most urgent concern is for the safety management of ro-ro passenger. ferries; whereas a uniform and coherent implementation of the ISM Code in all Member States can constitute a step towards the safery management of ro-ro passenger ferries; (MY O] No C 298, 11. 11. 1995, p. 23, and amended proposal submitted on 15 June 1995 (O] No C 288, 11. 11. 1995, p. 31). O] No C 236, 11. 9. 1995, p. 42. Opinion of the European Parliament of 14 June 1995 (O] No C 166, 3. 7. 1995, p. 55), Council common position of 28 September 1995 (O] No C 297, 10. 11. 1995, p. 1) and decision of the European Parliament of 29 November 1995 (not yet published in the Official Journal). P Whereas in its resolution of 22 December 1994 on the safety of roll-on/roll-off passenger ferries (*), the Council invited the Commission to submit a proposal -on the advance mandatory application of the ISM Code to all regular roll-on/roll-off passenger ferry services operating to or from European ports, in compliance with international law; Whereas strict and mandatory application of the ISM Code is required to ensure the establishment and proper maintenance of safety management systems by companies operating seagoing ro-ro passenger ferries both at ship and at company level; Whereas action at Community level is the best way to ensure advance mandatory enforcement of the provisions of the ISM Code and effective control of its application, while avoiding distortion of competition between different Community ports and ro-ro ferries; whereas only a regulation, which is of direct applicability, can ensure such enforcement; whereas advance implementation requires that the Regulation be applicable as from 1 July 1996; Whereas the advance mandatory implementation of the ISM Code to all ro-ro ferries regardless of their flag also takes into account the request contained in point 2 of IMO Resolution A.741(18) which strongly urges Governments to implement the Code as soon as possible, giving priority inter alia to passenger ships; Whereas the safety of ships is the primary responsibility of flag States; whereas Member States can ensure compliance with adequate safety management rules by terries flying their flag and companies operating them; whereas the only way to ensure the safety of all ro-ro ferries, irrespective of their flag, operating or wishing to operate on a regular service from their ports is for the Member States to require effective compliance with safety rules as a condition for operating on a regular service from their ports; Whereas companies operating ro-ro ferries exclusively in sheltered waters between ports in the same Member State constitute a more limited risk and will need to assume a proportionately greater administrative work-load than (*) OJ No C 379, 31. 12. 1994, p. 8.