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Regulation 3 Amendment of Regulations

Original text. Later amendments are not shown.

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

for the definition of “Directive 2006/87/EC”f1, substitute—

(ii)

before the definition of “Government ship”, insert—

  • ““flag state”, in relation to a vessel, means the state whose flag the vessel is entitled to fly,”;

(iii)

for the definition of “passenger vessel”, substitute—

  • ““passenger vessel” means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers,”f3;

(iv)

for the definition of “technical requirements of Annex II to Directive 2006/87/EC” and the word “and” immediately following it, substitute—

  • ““technical requirements of Annex II” means the technical requirements contained in ES-TRIN standard 2017/1f4 as referred to in Annex II to Directive (EU) 2016/1629 and as set out in Merchant Shipping Notice MSN 1880(M) —

    1. (a)

      excluding the transitional provisions contained in Chapter 32 of ES-TRIN standard 2017/1 for craft navigating on the Rhine, but

    2. (b)

      including the transitional provisions contained in Chapter 33 of ES-TRIN standard 2017/1 for craft operating exclusively on waterways outside the Rhine,

  • “technical requirements of Annex V” means the technical requirements of Annex V to Directive (EU) 2016/1629 as set out in Merchant Shipping Notice MSN 1881(M), and”.

(b)

in paragraph (2)—

(i)

for sub-paragraph (a), substitute—

“(a)

a reference to a waterway which is—

(i)

a Zone 1, 2 or 3 waterway is a reference to such a waterway as so classified by Article 4.1(a)(i) or (ii) of Directive (EU) 2016/1629,

(ii)

a Zone 4 waterway is a reference to a waterway of category A (as categorised in Merchant Shipping Notice MSN 1837(M), Amendment 2),”;

(ii)

omit sub-paragraph (b);

(iii)

in sub-paragraph (c) for “Directive 2009/100/EC”, substitute “Directive 2009/100/ECf5”; and

(iv)

in sub-paragraph (d) for “Directive 2006/87/EC”, substitute “Directive (EU) 2016/1629”.

Annotations

Footnotes

f1

OJ No. L 389, 30.12.2006, p. 1.

f2

OJ No. L 252, 16.9.2016, p. 118 as last amended by Commission Delegated Directive (EU) 2018/970 of 18 April 2018 amending Annexes II, III and V to Directive (EU) 2016/1629 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels (OJ No. L 174, 10.7.2018, p. 15). Added to Annex XIII to the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 155/2018 of 6th July 2018.

f3

See Article 3(f) of Directive (EU) 2016/1629.

f4

ES-TRIN standard 2017/1 is a European standard laying down technical requirements for inland navigation vessels produced by the European Committee for drawing up Standards in the field of Inland Navigation (CESNI). It can be accessed at https://www.cesni.eu/en/documents/es-trin-2017/ but is set out in full, including the two corrigenda to it, in MSN 1880(M) (over 500 pages).

f5

OJ No. L 259, 2.10.2009, p. 8 as amended by Article 36 of Directive (EU) 2016/1629.