FrameworkWith the aim of ensuring a uniform level of safety for passenger ships and high-speed craft operating on domestic voyages, by harmonising the safety rules applicable to passenger ships and craft operating in waters under the jurisdiction of the Member States of the European Union, on the 6 May 2009 the European Parliament and the Council adopted Directive 2009/45/EC, which lays down the safety rules and standards applicable to the construction and operation of passenger ships within the European Union.
This Directive repealed Council Directive 98/18/EC of the 17 March 1998 on safety rules and standards for passenger ships, transposed into national law by Decree-Law No. 293/2001 of the 20 November, as amended by Directives 2002/25/EC, 2002/84/EC, 2003/24/EC and 2003/75/EC, which had substantially amended it, and in the corresponding transpositions carried out by Decrees Law Nos. 180/2003 of 14 August, 107/2004 of 8 May, 51/2005 of 25 February and 210/2005 of 6 December.
Directive 2009/45/EC was not transposed directly into domestic law, as the changes, compared to Directive 98/18/EC, were not considered to be substantive in relation to domestic law. This Directive was subsequently amended by Directives 2010/36/EU, 2016/844/EU and 2017/2108/EU, as well as by the Delegated Regulations (EU) 2020/411 and 2022/1180.
The Commission Directive 2010/36/EU of the 1 June 2010, which made the first amendment to Directive 2009/45/EC, was transposed into national law by Decree-Law No. 93/2012 of the 19 April, amending and republishing Decree-Law No. 293/2001 of the 20 November.
Following the transposition of Directive 2017/2108/EU into domestic law by Decree-Law No. 93/2020, of the 3 November, Decree-Law No. 293/2001 was repealed.
Sea Areas
Ordinance No. 1267/2002, of the 14 September, establishes the sea areas provided for in Article 4 of Directive 98/18/EC. This Ordinance is currently under review, after being verified some difference between the definition of the sea areas as set out in Directive 98/18/EC and Directive 2009/45/EC, in its current wording.
Scope
Directive 2009/45/EC applies to new and existing passenger ships and craft of 24 metres in length and above, when engaged on domestic voyages, regardless of their flag.
Directive 2009/45/EC also applies to high-speed passenger craft.
Directive 2009/45/EC does not apply to passenger ships which are warships or troopships, sailing ships or ships not propelled by mechanical means, ships constructed in materials other than steel or equivalent and not covered by the standards concerning High Speed Craft (Resolution MSC. 36(63) or MSC.97(73)) or Dynamically Supported Craft (Resolution A.373(X)), wooden ships of primitive build or traditional ships or recreational craft, ships used exclusively in port areas, offshore service ships and tenders.
Directive 2009/45/EC does not apply, also, to high-speed passenger craft that are craft of war or troopcraft, recreational craft, craft exclusively engaged in port areas and offshore service craft.