Adaptations
Article 10
1
The following may be adapted in order to take account of developments at international level, in particular within the IMO:
a
the definitions in points (a), (b), (c), (d) and (v) of Article 2;
b
the provisions relating to procedures and guidelines for surveys referred to in Article 12;
c
the provisions concerning the 1974 SOLAS Convention, as amended, and the High-Speed Craft Code, including its subsequent amendments, laid down in Articles 4(3), 6(4), 12(3) and 13(3);
d
the specific references to the
‘
International Conventions
’
and IMO resolutions referred to in points (g), (m), (q), and (zb) of Article 2, point (a) of Article 3(2), point (b) of Article 6(1) and point (b) of Article 6(2).
2
Annexes may be amended in order to:
a
apply, for the purpose of this Directive, amendments made to the International Conventions;
b
adjust the technical specifications found in the amendments made to International Conventions for ships of classes B, C and D and craft, in the light of experience;
c
simplify and clarify technical elements, in the light of experience gained from their implementation;
d
update the references to other Union instruments applicable to domestic passenger ships.
3
The Commission is empowered to adopt delegated acts in accordance with Article 10a in order to adopt the amendments to this Directive referred to in paragraphs 1 and 2 of this Article.
4
In exceptional circumstances, where duly justified by an appropriate analysis by the Commission and in order to avoid a serious and unacceptable threat to maritime safety, to health, to shipboard living or working conditions or to the marine environment, or to avoid incompatibility with Union maritime legislation, the Commission is empowered to adopt delegated acts in accordance with Article 10a, amending this Directive in order not to apply, for the purpose of this Directive, an amendment to the international instruments referred to in Article 2.
Those delegated acts shall be adopted at least three months before the expiration of the period established internationally for the tacit acceptance of the amendment concerned or the envisaged date for the entry into force of said amendment. In the period preceding the entry into force of such delegated act, Member States shall refrain from any initiative intended to integrate the amendment in national legislation or to apply the amendment to the international instrument concerned.
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).
Inserted 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).