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Regulation (EC) No 789/2004 Article 3

Article 3

Scope 1. This Regulation shall apply to: (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; (i) were built on or after 1 July 1998, or - in Directive 98/18/EC, for ships engaged on domestic voyages, - in 1974 SOLAS, for ships engaged on international voyages. 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.

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Other provisions in Regulation (EC) No 789/2004

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 3 of Regulation (EC) No 789/2004 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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