The safe use of passenger ships as a mode of transport and source of leisure has until recently been taken for granted by most of us. Some serious rethinking now seems to be of the essence. The recent tragic incidents involving passenger ships have left both the cruise industry itself and all us shell shocked. Nonetheless, it seems that lessons will be learnt from such tragedies with the European Commission pledging that it will do its utmost to take on board any such lessons in its current ongoing review of EU legislation dealing with the safety of passenger ships.
The Commission is also considering how new technologies or equipment can reinforce plans and procedures for evacuation- Mariosa Vella Cardona
The fact that there are already in place, at both international and EU level, robust laws which regulate the safety of passenger ships, may currently serve as little solace to most of us. Laws which govern the construction and the safety procedures for passenger ships, strict certification and inspection requirements as well as rules on the liability of carriers and compensation of victims have now been with us for quite some time. In 2010, the Commission embarked upon a review of these EU laws with the objective of ensuring that they remain in line with the latest evolution in design, operational procedures and technology used in this sector.
While standards are normally set at international level, the EU has taken it upon itself to transpose all such standards into EU law and sometimes to strengthen such international requirements. In this way, these standards can be effectively enforced across Europe and apply to all passenger ships operating in EU water. Thus, for example, EU rules make mandatory the implementation of the International Safety Management Code for all passenger ships in regular service to or from EU ports. This code seeks to ensure that the safety systems on board a ship are functioning properly and that the shipping companies have appropriate means, resources and procedures to manage safety on board their ships. One objective is to ensure that the crew is trained for all safety and emergency procedures including the evacuation of passengers, and that it carries out periodic drills. The inspection and certification of equipment including life saving appliances is also governed by EU law for all those ships flying the flag of an EU member state. Stricter EU rules than the international ones apply to ferries, which transport thousands of passengers every day in and out of EU ports.
Another important aspect of the EU’s maritime safety acquis is that relating to vessel traffic monitoring. All vessels calling at EU ports, including cruise ships, are required to be fitted with an automatic identification system which must be maintained in operation at all times. The information, identifying the ship, its positioning and cargo, is automatically sent to the coastal receiving stations so that a coastal state can monitor ships and maritime traffic. Such vessels must also be fitted with a Voyage Data Recorder system or “Black box”. This device records exact data and information about the vessel, its position, speed and manoeuvres and provides valuable information in case of an accident investigation.
An EU directive adopted in 1998 also introduced a specific obligation on the registration of persons sailing on board ships. A shipping company is required to record the number of passengers and crew before departure for any voyage of 20 miles or more as well as basic information as to name, age and, if volunteered, any special care required in emergency situations.
Another law, the usefulness of which has been surely appreciated in current times, establishes the fundamental principles governing the investigation of maritime accidents in order to determine their cause. This law, which entered into force in June 2011, imposes an obligation on member states to have in place an independent accident investigation body. The investigation itself must be done on the basis of a common methodology and the accident report must be made public within 12 months from the date of the casualty and must be shared with the EU and other member states. This law thus ensures that any lessons to be learnt from a maritime accident are taken into account in legislative reviews.
It is interesting to note that the EU has also been proactive in so far as the liability and compensation of victims of maritime accidents are concerned. However, this EU law, which transposed into the EU’s maritime acquis the latest version of the international Athens Convention on the liability of sea carriers and the compensation of passengers in case of accident, will unfortunately only enter into force at the end of 2012.
It is important to note that any shipping company which defaults in complying with any of the afore-mentioned obligations as laid down by law will not be left without impunity but is subject to hefty penalties.
In view of the recent incidents, the Commission has now declared that, in its ongoing review, there are a number of safety aspects which it needs to focus on. Hot on the Commission’s agenda are considerations on the rules regulating the design and stability of passenger ships in order to ascertain whether such rules require further updating. This, particularly so, in relation to ships which are damaged and/or exposed to bad weather conditions. The Commission also wants to ensure that all the necessary means to ensure that passenger lists are accurate and up to date and in line with existing rules are being deployed. It is also considering how new technologies or equipment can reinforce plans and procedures for evacuation.
The current scope of EU laws regulating passenger ship safety is also being put to the test, with the Commission toying with the idea as to whether such scope ought to be widened so as to cover more types of ships used for domestic voyages, such as passenger sailing ships or historic ships. Crew training and qualifications have been placed in the limelight. The Commission is seeking to ascertain whether there ought to be more done in this respect, for example, in terms of communication of crew with passengers, rescue services and with each other.
As to be expected, the cruise industry has registered its commitment to fully engage in a review of passenger ship safety rules both at EU and international level. Following a public consultation process on such legislative review possibly to be launched in spring 2012, the Commission would then decide whether it ought to adopt new legislative proposals to adapt existing rules on passenger ship safety to new developments in the sector. The Commission is also strongly supporting a passenger ship safety review at international level in order to ensure that European citizens can rest assured of the safety measures being deployed no matter where they board a ship.
The road appears to be a long one though one paved with good intentions from all fronts. Most of us citizens would at the moment seriously doubt whether any eventual enhanced legislative measures adopted would indeed serve their purpose when the time comes for them to be tried and tested. What is for certain is that the current legal regime was not sufficient to ensure the utmost safety for passengers and curtailment of any loss of life when it came to the crux of the matter. In the long run it will all boil down to a question of effective enforcement. It will surely be the effective enforcement of the rules which will serve to prevent any future tragedies at sea rather than merely their enhancement on paper.
mariosa@vellacardona.com
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is the deputy chairman of the Malta Competition and Consumer Affairs Authority as well as a member of the National Commission for the Promotion of Equality.