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1. Without prejudice to the application of Directive 2009/45/EC of the European Parliament and of the Council (), new ro-ro passenger ships certified to carry more than 1 350 persons on board shall comply with the specific stability requirements set out in Chapter II-1, Part B of SOLAS 2020.

2. At the company’s choice, new ro-ro passenger ships certified to carry 1 350 or fewer persons on board shall comply with:

(a) the specific stability requirements set out in Annex I, section A, to this Directive, or (b) the specific stability requirements set out in Annex I, section B, to this Directive. For each such ship, the administration of the Flag State shall, within a period of two months from the date of issuance of the certificate referred to in Article 8, notify the Commission of the choice made of the option referred to in the first subparagraph and include with such notification the details referred to in Annex III.

3. In applying the requirements set out in Annex I, section A, Member States shall use the guidelines set out in Annex II, in so far as this is practicable and compatible with the design of the ship in question.

4. At the company’s choice, existing ro-ro passenger ships certified to carry more than 1 350 persons on board which the company introduces to the regular service operation to or from a port of a Member State after 5 December 2024 and which have never been certified in accordance with this Directive, shall comply with:

(a) the specific stability requirements set out in Chapter II-1, Part B of SOLAS 2020; or (b) the specific stability requirements set out in Annex I, section A to this Directive, in addition to those set out in Chapter II-1, Part B of SOLAS 2009. The stability requirements that are applied shall be noted in the ship’s certificate required under Article 8.

5. At the company’s choice, existing ro-ro passenger ships certified to carry 1 350 or fewer persons on board which the company introduces to the regular service operation to or from a port of a Member State after 5 December 2024 and which have never been certified in accordance with this Directive, shall comply with:

(a) the specific stability requirements set out in Annex I, section A to this Directive, or (b) the specific stability requirements set out in Annex I, section B to this Directive.

The stability requirements that are applied shall be noted in the ship’s certificate referred to in Article 8.

6. Existing ro-ro passenger ships that were engaged in regular service operation to or from a port of a Member State by 5 December 2024 shall continue to comply with the specific stability requirements set out in Annex I in the version that applied before the entry into force of Directive (EU) 2023/946 of the European Parliament and of the Council ().