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Commission Directive 2005/12/EC of 18 February 2005 amending Annexes I and II to Directive 2003/25/EC of the European Parliament and of the Council on specific stability requirements for ro-ro passenger ships (Text with EEA relevance)
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships(1), and in particular Article 10 thereof,
Whereas:
(1) Directive 2003/25/EC applies to all ro-ro passenger ships operating to or from a port of a Member State on a regular service, regardless of their flag, when engaged on international voyages.
(2) Article 6 of Directive 2003/25/EC provides that ro-ro passenger ships shall comply with specific stability requirements which are set out in detail in Annex I to that Directive and that Member States shall use in the application of these requirements the guidelines set out in Annex II thereto.
(3) Article 10 of Directive 2003/25/EC provides that the Annexes to the Directive may be amended in accordance with the procedure referred to in Article 11(2), in order to take account of developments at international level and particularly at the International Maritime Organisation (IMO).
(4) IMO Resolution MSC 141(76) of 5 December 2002 introduced a revised model test method and associated guidance notes under Resolution 14 of the 1995 SOLAS (Safety of Life at Sea) Conference. Resolution 14 concerns regional agreements on specific stability requirements for ro-ro passenger ships.
(5) The revised model test method should supersede the previously applied model test method provided for in Directive 2003/25/EC. Any ship having passed the test according to the previously applied model test method need not to do the test again.
(6) Directive 2003/25/EC should therefore be amended accordingly.
(7) The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, set up by Regulation (EC) No 2099/2002 of the European Parliament and of the Council(2),
HAS ADOPTED THIS DIRECTIVE:
OJ L 324, 29.11.2002, p. 1. Regulation as amended by Regulation (EC) No 415/2004 (OJ L 68, 6.3.2004, p. 10).
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