According to the Finnish Administration, the problem concerning the deviation of the ramp location from the SOLAS requirement for an upper extension of the collision bulkhead was not known to its inspectors. Anyhow, according to the same information, the Administration would have accepted the deviation in line with previous practice, applied also by the Swedish Maritime Administration.The Commission has noted that full responsibility for enforcing compliance with the Conventions nevertheless, according to SOLAS, remains with the Administration. The Commission has also noted that the unrestricted right of the Finnish Maritime Administration to rely on classification society hull surveys in this respect was withdrawn in the new decree on surveys of ships issued in 1983.
It seems obvious to the Commission that the interpretation of the SOLAS Convention's collision bulkhead regulations common at the time did not ensure satisfactory compliance with applicable rules and made it possible to design the ESTONIA in a way which may have contributed to her capsizal. The Commission finds it unacceptable that practice is developed that makes it possible to deviate from a Convention with no documentation or exemptions in the certificate.