Amendments to Directive 2009/45/EC

Directive 2009/45/EC is amended as follows:

Article 2 is amended as follows:

point (a) is replaced by the following:

“International Conventions” means the following conventions, including their Protocols and amendments thereto, in their up-to-date versions:

the 1974 International Convention for the Safety of Life at Sea (the 1974 SOLAS Convention); and

the 1966 International Convention on Load Lines;’;

point (b) is replaced by the following:

“Intact Stability Code” means the “Code on Intact Stability for all types of ships covered by IMO Instruments” contained in IMO Assembly Resolution A.749(18) of 4 November 1993, or the “International Code on Intact Stability, 2008” contained in IMO Resolution MSC.267(85) of 4 December 2008, in their up-to-date versions;’;

point (g)(ii) is replaced by the following:

their maximum speed, as defined in Regulation 1.4.30 of the 1994 High Speed Craft Code and Regulation 1.4.38 of the 2000 High Speed Craft Code, is less than 20 knots;’;

point (m) is replaced by the following:

“bow height” means the bow height defined in Regulation 39 of the 1966 International Convention on Load Lines;’;

in point (q), the first subparagraph is replaced by the following:

“sea area” means any sea area or sea route established pursuant to Article 4;’;

point (r) is replaced by the following:

“port area” means an area other than a sea area established pursuant to Article 4, defined by the Member State with jurisdiction over it, 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 similar sheltered area;’;

point (s) is deleted;

point (u) is replaced by the following:

“port State” means a Member State to or from whose port or ports a ship or craft flying a flag other than the flag of that Member State is carrying out domestic voyages;’;

point (v) is replaced by the following:

“recognised organisation” means an organisation recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council ( *1 ) ;

( *1 ) Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations ( OJ L 131, 28.5.2009, p. 11 ).’;"

point (y) is replaced by the following:

“persons with reduced mobility” means persons who have a particular difficulty when using public transport, including elderly persons, persons with disabilities, persons with sensory impairments and wheelchair users, pregnant women and persons accompanying small children;’;

the following points are added:

“sailing ship” means a ship propelled by sails, even if fitted with mechanical propulsion for auxiliary and emergency purposes;

“equivalent material” means aluminium alloy or any other non-combustible material which, by itself or due to the insulation provided, maintains structural and integrity properties equivalent to steel at the end of the applicable exposure to the standard fire test;

“standard fire test” means a test in which specimens of the relevant bulkheads or decks are exposed in a test furnace to temperatures corresponding approximately to the standard time-temperature curve in accordance with the test method specified in the 2010 International Code for Application of Fire Test Procedures, contained in IMO Resolution MSC.307(88) of 3 December 2010, in its up-to-date version;

“traditional ship” means any kind of historical passenger ship designed before 1965 and their replicas built predominantly with the original materials, including those designed to encourage and promote traditional skills and seamanship, that together serve as living cultural monuments, operated according to traditional principles of seamanship and technique;

“pleasure yacht or pleasure craft” means a vessel not engaged in trade, regardless of the means of propulsion;

“tender” means a ship-carried boat used for transferring more than 12 passengers from a stationary passenger ship to shore and back;

“offshore service ship” means a ship used to transport and accommodate industrial personnel who do not conduct work on board that is essential to the business of the ship;

“offshore service craft” means a craft used to transport and accommodate industrial personnel who do not conduct work on board that is essential to the business of the craft;

“repairs, alterations and modifications of a major character” means any of the following:

any change that substantially alters the dimensions of a ship, such as lengthening by adding new midbody,

any change that substantially alters the passenger-carrying capacity of a ship, such as converting the vehicle deck to passenger accommodation,

any change that substantially increases a ship's service life, such as renewing the passenger accommodation on one entire deck,

any conversion of any type of ship into a passenger ship.’;

Article 3 is replaced by the following:

DIRECTIVE (EU) 2017/2108 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 November 2017 amending Directive 2009/45/EC on safety rules and standards for passenger ships