Directive 2009/45/EC of the European Parliament and of the CouncilDangos y teitl llawn

Article 9 U.K. Additional safety requirements, equivalents, exemptions and safeguard measures

1. If a Member State or group of Member States considers that the applicable safety requirements should be improved in certain situations due to specific local circumstances and if the need therefor is demonstrated, they may, subject to the procedure laid down in paragraph 4, adopt measures to improve the safety requirements.

[F1 2. A Member State may, subject to the procedure laid down in paragraph 4, adopt measures allowing equivalents for certain specific requirements of this Directive, provided that such equivalents are at least as effective as such requirements.]

3. Provided there is no reduction in the level of safety and subject to the procedure laid down in paragraph 4, a Member State may adopt measures to exempt ships from certain specific requirements of this Directive for domestic voyages to be carried out in that State, including in its archipelagic sea areas sheltered from open sea effects, under certain operating conditions, such as smaller significant wave height, restricted year period, voyages only during daylight time or under suitable climatic or weather conditions, or restricted trip duration, or proximity of rescue services.

[F1 4. A Member State which avails itself of the rights accorded by paragraph 1, 2 or 3 shall proceed in accordance with the second to seventh subparagraphs of this paragraph.

The Member State shall notify the Commission of the measures which it intends to adopt, and shall include, with such notification, sufficient particulars to confirm that the level of safety is adequately maintained.

If, within a period of six months from the notification, the Commission adopts implementing acts containing its decision that the proposed measures are not justified, the said Member State shall be required to amend or not to adopt the proposed measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

The adopted measures shall be specified in the relevant national legislation and communicated to the Commission and to the other Member States.

Any such measures shall be applied to all passenger ships of the same Class or to craft when operating under the same specified conditions, without discriminating with regard to their flag or to the nationality or place of establishment of their operator.

The measures referred to in paragraph 3 shall apply only for as long as the ship or craft operates under the specified conditions.

Member States shall notify the measures referred to in the second and fourth subparagraph to the Commission by means of a database which the Commission shall establish and maintain for such purpose, and to which the Commission and Member States shall have access. The Commission shall make the adopted measures available on a publicly accessible website.]

5. Where a Member State considers that a passenger ship or craft operating on a domestic voyage within that State, notwithstanding the fact that it is complying with the provisions of this Directive, creates a risk of serious danger to safety of life or property, or environment, the operation of that ship or craft may be suspended or additional safety measures may be imposed, until such time as the danger is removed.

In the above circumstances the following procedure shall apply:

(a) the Member State shall inform the Commission and the other Member States of its decision without delay, giving substantiated reasons therefor;

(b) the Commission shall examine whether the suspension or the additional measures are justified for reasons of serious danger to safety and to the environment;

[F1 (c) the Commission shall adopt implementing acts containing its decision whether or not the decision of the Member State to suspend the operation of such ship or craft or to impose the additional measures is justified for reasons of serious danger to safety of life or property, or to the environment, and, if the suspension or the imposition of the additional measures is not justified, containing its decision requiring the Member State concerned to withdraw the suspension or the measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).]

Textual Amendments

F1 Substituted by 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 (Text with EEA relevance).