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Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 (Text with EEA relevance) article 3 CELEX: 02004R0789-20190726 Scope
1. This Regulation shall apply to: (a) cargo ships, carrying valid certificates, which: (i) were built on or after 25 May 1980, or (ii) were built before that date, but have been certified by a Member State or by a recognised organisation acting on its behalf as complying with the regulations for new ships defined in 1974 SOLAS, or, in the case of chemical tankers and gas carriers, with the relevant Standard codes for ships built on or after 25 May 1980; (b) passenger ships engaged on domestic and/or international voyages, carrying valid certificates, which: (i) were built on or after 1 July 1998, or (ii) were built before that date, but have been certified by a Member State or by a recognised organisation acting on its behalf as complying with the requirements set out for ships built on or after 1 July 1998: — in Directive 98/18/EC, for ships engaged on domestic voyages, — in 1974 SOLAS, for ships engaged on international voyages. |
Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 (Text with EEA relevance) article 3 CELEX: 02004R0789-20190726 2. This Regulation shall not apply to: (a) ships following delivery after completion of their construction that do not carry valid full-term certificates from the Member State of the losing register; (b) ships that have been refused access to Member States' ports in accordance with Directive 95/21/EC during the three years preceding application for registration and to ships that have been detained following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control and for reasons relating to the requirements defined in Article 2(b), more than once during the three years preceding application for registration. Member States shall nevertheless give due and timely consideration to applications in respect of such ships; (c) ships of war or troopships, or other ships owned or operated by a Member State and used only on government non-commercial service; (d) ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or a fishing vessel; (e) cargo ships of less than 500 gross tonnage. |