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European Union Maritime Law

Lloyd's Maritime and Commercial Law Quarterly

European Union Maritime Law

Simon Baughen*


161. 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 [2010] OJ L162/1

This Directive establishes a legal framework laying down harmonised safety rules and standards for passenger ships and applies to passenger ships and craft which, regardless of their flag, engage on domestic voyages. Each EU country, as host country, is to ensure that passenger ships and high-speed passenger craft, which are to engage on domestic voyages within the sea areas under their jurisdiction, meet the requirements of the Directive.
The Directive covers:
  • new passenger ships;
  • existing passenger ships of 24 metres in length and above;
  • high-speed passenger craft.
The Directive excludes:
  • passenger ships intended for military purposes;
  • pleasure yachts which do not carry more than 12 passengers and are intended for noncommercial purposes;
  • passenger ships and craft without means of mechanical propulsion or of primitive build or constructed in material other than steel or equivalent;
  • historical ships or individual replicas thereof; and
  • passenger craft exclusively engaged in port areas.

162. Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships [2010] OJ L125/2

This provides that an expanded inspection, as referred to in Directive 2009/16/EC, Art 14, shall, where applicable, as a minimum comprise the verification of the specific items listed in the Annex to this Regulation. In the case where no specific areas are indicated for a particular type of ship, as defined in Directive 2009/16/EC, the inspector shall use his professional judgement to decide which items must be inspected, and to what extent, in order to check the overall condition in these areas. The Regulation applies from 1 January 2011.


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