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: the Member State shall inform the Commission and the other Member States of its decision without delay, giving substantiated reasons therefor; the Commission shall examine whether the suspension or the additional measures are justified for reasons of serious danger to safety and to the environment; it shall be decided, in accordance with the procedure referred to in Article 11(2), 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 measures are not justified, that the Member State concerned shall be required to withdraw the suspension or the measures.
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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.