Article 2

Definitions For the purpose of this Directive and its Annexes, "ro-ro ferry" shall mean a seagoing passenger vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers; "high-speed passenger craft" shall mean a high-speed craft as defined in Regulation 1 of Chapter X of the 1974 SOLAS Convention, as amended on the date of the adoption of this Directive, which carries more than 12 passengers; "a passenger" is every person other than: the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship, and a child under one year of age; "1974 SOLAS Convention" shall mean the International Convention for the Safety Of Life At Sea, together with Protocols and amendments thereto, in force on the date of adoption of this Directive; "High-speed Craft Code" shall mean the "International Code for Safety of High-speed Craft" contained in IMO Maritime Safety Committee Resolution MSC 36 (63) of 20 May 1994, as amended on the date of the adoption of this Directive; "regular service" shall mean a series of ro-ro ferry or high-speed passenger craft crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either: according to a published timetable; or with crossings so regular or frequent that they constitute a recognisable systematic series; "sea area" shall mean any sea area included in a list established in accordance with Article 4 of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships(8); "certificates" shall mean: for ro-ro ferries and high-speed passenger craft engaged on international voyages, the safety certificates issued under the 1974 SOLAS Convention as amended, together with the relevant records of equipment and where appropriate exemption certificates and permits to operate; for ro-ro ferries and high-speed passenger craft engaged on domestic voyages, the safety certificates issued in accordance with Directive 98/18/EC together with the relevant records of equipment and where appropriate exemption certificates and permits to operate; "exemption certificate" shall mean any certificate issued under the provisions of Regulation I B/12(a)(vi) of the 1974 SOLAS Convention; "administration of the flag State" shall mean the competent authorities of the State whose flag the ro-ro ferry or the high-speed passenger craft is entitled to fly; "host State" shall mean a Member State to or from whose port(s) a ro-ro ferry or a high-speed passenger craft is engaged on a regular service; "international voyage" shall mean a voyage by sea from a port of a Member State to a port outside that Member State, or conversely; "domestic voyage" shall mean a voyage in sea areas from a port of a Member State to the same or another port within that Member State; "recognised organisation" shall mean an organisation recognised in accordance with Article 4 of Directive 94/57/EC; "company" shall mean a company operating one or more ro-ro ferries to which a document of compliance has been issued in compliance with Article 5(2) of Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll on/roll off passenger ferries (ro-ro ferries)(9) or a company operating high-speed passenger craft, to which a document of compliance has been issued in accordance with Regulation IX/4 of the 1974 SOLAS Convention, as amended on the date of adoption of this Directive; "Code for the investigation of marine casualties" shall mean the Code for the investigation of marine casualties and incidents adopted by the IMO by means of Assembly Resolution A.849(20) of 27 November 1997; "specific survey" shall mean a survey by the host State as specified in Articles 6 and 8; "qualified inspector" shall mean a public-sector employee or other person, duly authorised by the competent authority of a Member State to carry out surveys and inspections related to the certificates and fulfilling the criteria of qualification and independence specified in Annex V; "deficiency" shall mean a condition found not to be in compliance with the requirements of this Directive.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-03 · Text as adopted (Official Journal); later amendments are not incorporated in this text.