79This interpretation is, moreover, in line with Article 80(2) EC, now Article 100(2) TFEU, which constitutes the legal basis of Directive 2009/16. That provision permits the EU legislature to adopt general provisions to improve transport safety and, accordingly, maritime transport safety (see, to that effect, judgment of 23 October 2007, Commission v Council, C‑440/05, EU:C:2007:625, paragraphs 58 and 59 and the case-law cited), without requiring that those provisions be limited only to ships which are intended, or used in practice, for commercial or trade activities.
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