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Commission Directive 2010/36/EUShow full title

Commission Directive 2010/36/EU of 1 June 2010 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships (Text with EEA relevance)

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CHAPTER IU.K. GENERAL PROVISIONS

1.Where expressly provided, the regulations of this Annex are applicable to new and existing passenger ships of class A, B, C and D, engaged on domestic voyages, having regard to the scope of this Directive as provided in Article 3.U.K.
2.New class B, C and D ships having a length of less than 24 metres have to comply with the requirements of Regulations II-1/B/2 to II-1/B/8 and II-1/B/10 of this Annex, unless the Administration of a flag State, whose flag such ships are entitled to fly, ensures that they comply with the flag State’s national rules and that such rules guarantee an equivalent level of safety.U.K.
3.Where regulations of this Annex do not apply to new ships of less than 24 metres in length, the Administration of the flag State shall ensure that an equivalent safety level for such ships is provided through compliance with national rules.U.K.
4.Existing class C and D ships do not have to comply with the regulations of Chapters II-1 and II-2 of this Annex, provided that the Administration of a flag State, which flag such ships are entitled to fly, ensures that they comply with the flag State’s national rules and that such rules guarantee an equivalent level of safety.U.K.
5.In addition, if it is found impracticable and/or unreasonable, class B, C and D ships of less than 24 metres in length do not have to comply with the following regulations in Chapter II-1: In Part B, Regulation 10, in Part C, Regulations 4, 9 and 10 and in Part E, Regulations 1 to 9. The Administration of the flag State shall ensure that an equivalent safety level for such ships is provided through compliance with national rules.U.K.
6.Regardless of what is provided in Article 6.1(b), Class D ships not extending their voyage outside of Sea Area A 1, as defined in Regulation IV/2.12 of the 1974 SOLAS Convention, do not have to comply with the carriage requirements in Chapter IV of the 1974 SOLAS Convention, but shall at least comply with the provisions in Chapter IV of this Annex.U.K.
7.The provisions for navigation bridge visibility in Regulation V/22 of the 1974 SOLAS Convention, shall as far as is practicable and reasonable apply also to ships of less than 55 meters’ in length, where “length” is as defined in Regulation V/2 of the 1974 SOLAS Convention.U.K.
8.Wherever the application of an IMO resolution is required in this Annex for existing ships, ships constructed until two years after the date of adoption by IMO of such resolution need not comply with such resolution provided they comply with the applicable previous resolution(s), if any.U.K.
9.Under repairs, alterations and modifications of a “major character” is understood, by way of example:U.K.
  • any change that substantially alters the dimensions of a ship,

  • example: lengthening by adding new midbody,

  • any change that substantially alters the passenger-carrying capacity of a ship,

  • example: vehicle deck converted to passenger accommodation,

  • any change that substantially increases a ship’s service life,

  • example: renewal of passenger accommodation on one entire deck.

10.The indication “(R…)” that follows several titles of regulations in this Annex refers to the regulations of the 1974 SOLAS Convention, on which the regulations of this Annex have been based i.e.:U.K.
.1

Chapter II-1: Part A-1, references are made to SOLAS including 2006 amendments.

.2

Chapter II-1: Part A and B, references are made to SOLAS including 96/98 amendments.

.3

Chapter II-2: Part A, Regulations 1 and 2, references are made to SOLAS including 1999/2000 amendments. Regulation 1.3, reference is made to Part F (Alternative design and arrangements) of the revised Chapter II-2 (2000 Amendments) of SOLAS 1974, for new ships constructed on or after 1 January 2003. Chapter II-2: Part A, Regulations 3 – 16 and Part B, Regulations 1 – 18, references are made to SOLAS including 96/98 amendments.

.4

Chapter III: References are made to SOLAS 96/98 amendments and 2001 - 2003 amendments.

11.Provisions applicable to CLASS A SHIPS can be found in:U.K.
  • Chapter II-1/A-1, Regulation 1,

  • Chapter II-1/B, Regulations 1, 23 and 24,

  • Chapter II-1/C, Regulations 1, 3, and 16,

  • Chapter II-2/A, Regulations 4, 9 and 12, and

  • Chapter II-2/B, Regulation 6

12.Provisions applicable to CLASS A RO-RO PASSENGER SHIPS:U.K.

Chapter II-1/B, Regulations 17-2 and 20,

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