Amended proposal for a Council Directive on conditions for the operation of regular ro-ro ferry and high speed passenger craft services in the Community
10. 12. 98 EN Official Journal of the European Communities C 384/23 Amended proposal for a Council Directive on conditions for the operation of regular ro roferry and high speed passenger craft services in the CommunityØ(˛) (98/C 384/10) (Text with EEA relevance) COM(1998) 636 final - 98/0064(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 10 November 1998) (˛) OJ C 108, 7. 4. 1998, p. 122. ORIGINAL TEXT AMENDED TEXT Article 1 Purpose The purpose of this Directive is to lay down conditions for the safe operation of regular ro ro ferry and high speed passenger craft services to or from ports in the Member States of the Community and to provide the right for Member States to conduct, participate in or cooperate with any investigation of maritime casualties or incidents on these services. The purpose of this Directive is to lay down a system of surveys which will provide a greater mandatory assurance of safe operation of regular ro ro ferry and high speed passenger craft services to or from ports in the Member States of the Community and to provide the right for Member States to conduct, participate in or cooperate with any investigation of maritime casualties or incidents on these services. Article 2 Definitions (ba) "passenger’ is every person other than: (i) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and (ii) a child under one year of age; (fa) "port area’ shall mean an area other than a sea area, as defined by the Member States, extending to the outermost permanent harbour works forming an integral part of the harbour system, or to the limits defined by natural geographical features protecting an estuary or similiar sheltered area; (j) "host State’ shall mean a Member State to or from whose ports a ro ro ferry or a high speed passenger craft is engaged on a regular service; (j) "host State’ shall mean a Member State to or from whose port(s) a ro ro ferry or a high speed passenger craft is engaged on a regular service; C 384/24 EN Official Journal of the European Communities 10. 12. 98 ORIGINAL TEXT AMENDED TEXT Article 6. 3 Companies shall inform the host States that for ships or craft, flying a flag other than that of a Member State, the administration of that flag State has accepted the company’s requirements to imposed by the host States as a condition to provide a regular service to or from one or more of their ports. commitment fulfil the Delete Article 7. 2a (new) Prior to the start of operation by a ro ro ferry or high speed passenger craft on a regular service, or within twelve months of the date referred to in Article 15(1) for a ro ro ferry or high speed passenger craft already operating a regular service, Host States shall check for ships or craft flying a flag other than that of a Member State, the concurrence of that flag State that it has accepted the requirements of this Directive. the company’s commitment to meet Article 8 Procedures related to specific surveys 3. Ú Host States, in planning an initial survey, shall take due account of the operational and maintenance schedule of the ship or craft 3. Ú Host States, in planning an initial specific survey, shall set a time limit of maximum one month for this survey to be completed and shall take due account of the operational and maintenance schedule of the ship or craft. findings of 4. Ú The the specific surveys shall be recorded in a report of which the format shall be estabÜ lished in accordance with the procedure laid down in Article 12. findings of 4. Ú The the specific surveys shall be recorded in a report of which the format shall be estabÜ lished in accordance with the procedure laid down in Article 12. These findings shall also be communicated to the flag State, if different from the host State. 7. Ú Should the specific surveys confirm or reveal defiÜ ciencies in relation to the requirements of this Directive warranting a prevention of operation, all costs related to the surveys in any normal accounting period shall be covered by the company. Article 15a (new) the implementation date of Three years after this Directive the Commission shall assess on the basis of information to be provided by the Member States the implementation of this Directive and propose any approÜ priate measure