29.6.2010 Official Journal of the European Union L 162/1 II (Non-legislative acts) DIRECTIVES COMMISSION DIRECTIVE 2010/36/EU of 1 June 2010 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships (Text with EEA relevance) THE EUROPEAN COMMISSION, (6)  The measures provided for in this Directive are in Having regard to the Treaty on the Functioning of the European Union, accordance with the opinion of the Committee on Safe Seas, set up pursuant to Regulation (EC) No 2009/2002 of the European Parliament and the Council (¥), Having regard to Directive 2009/45/EC of the European HAS ADOPTED THIS DIRECTIVE: Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships(!), and in particular Article 10, thereof, Article 1 Directive 2009/45/EC is hereby amended as follows: Whereas: (1) Directive 2009/45/EC has codified and recast Council 1. Article 2(c) shall be replaced by the following: 0] L 0] L 144, 15.5.1998, p. 1. 0J L Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (%) and its subsequent substantive amendments in the interests of Clarity. ‘(C) “ngh Speed Craft Code” means the “International Code for Safety of High Speed Craft” contained in IMO Resolution MSC 36 (63) of 20 May 1994, or the Inter- national Code for Safety of High-Speed Craft, 2000 (2000 HSC Code), contained in IMO Resolution MSC.97(73) of December 2000, in their up-to-date versions;’ For the purpose of Directive 2009/45/EC, the inter- national conventions, including the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and other international codes and resolutions, for the safety rules and standards for passenger vessels, were in force on the date of the adoption of that Directive. 2. Article 2(g)(ii) shall be replaced by the following: Changes have been made to relevant international instruments, such as the International Maritime Organi- sation (IMO) conventions, protocols, codes and resolutions since the last substantial amendment of Directive ~ 98/18/EC by  Commission  Directive 2003/75/EC (). ‘(i) their maximum speed, as defined in Regulation 1.4.30 of the 1994 High Speed Craft Code and Regulation 1.4.37 of the 2000 High Speed Craft Code, is less than 20 knots;. Account should be taken of these new international 3. Article 3(2)(a) (iii) shall be replaced by the following: instruments in the relevant Articles and Annexes to Directive 2009/45/EC. ‘(iii) vessels constructed in material other than steel or Directive 2009/45/EC should therefore be amended equivalent and not covered by the standards concerning accordingly. High Speed Craft (Resolution MSC 36 (63) or MSC.97 (73)) or Dynamically Supported Craft (Resolution 163, 25.6.2009, p. 1. A373 (X)) 190, 30.7.2003, p. 6. () OJ L 324, 29.11.2002, p. 1. =