LeX-Ray

‘ship’ means a ship falling within the scope of the international conventions;

‘ship flying the flag of a Member State’ means a ship registered in and flying the flag of a Member State in accordance with its legislation. Ships not corresponding to this definition are assimilated to ships flying the flag of a third country;

‘inspections and surveys’ means inspections and surveys that are mandatory under the international conventions;

‘international conventions’ means the International Convention for the Safety of Life at Sea of 1 November 1974, (SOLAS 74) with the exception of chapter XI-2 of the Annex thereto, the International Convention on Load Lines of 5 April 1966 and the International Convention for the Prevention of Pollution from Ships of 2 November 1973 (Marpol), together with the protocols and amendments thereto, and the related codes of mandatory status in all Member States, in their up-to-date version;

‘organisation’ means a legal entity, its subsidiaries and any other entities under its control, which jointly or separately carry out tasks falling under the scope of this Directive;

‘control’means, for the purpose of point (e), rights, contracts or any other means, in law or in fact, which, either separately or in combination confer the possibility of exercising decisive influence on a legal entity or enable that entity to carry out tasks falling under the scope of this Directive;

‘recognised organisation’ means an organisation recognised in accordance with Regulation 2009/391;

‘authorisation’ means an act whereby a Member State grants an authorisation or delegates powers to a recognised organisation;

‘statutory certificate’ means a certificate issued by or on behalf of a flag State in accordance with the international conventions;

‘rules and procedures’ means a recognised organisation’s requirements for the design, construction, equipment, maintenance and survey of ships;

‘class certificate’ means a document issued by a recognised organisation certifying the fitness of a ship for a particular use or service in accordance with the rules and procedures laid down and made public by that recognised organisation;

‘cargo ship safety radio certificate’ means the certificate introduced by the 1988 Protocol amending SOLAS, adopted by the International Maritime Organisation (IMO).

Where for the purpose of paragraph 1 a Member State decides with respect to ships flying its flag:
The competent administration shall in all cases approve the first issue of the exemption certificates.
However, for the cargo ship safety radio certificate these duties may be entrusted to a private body recognised by a competent administration and having sufficient expertise and qualified personnel to carry out specified safety assessment work on radio-communication on its behalf.

to authorise organisations to undertake fully or in part inspections and surveys related to statutory certificates including those for the assessment of compliance with the rules referred to in Article 11(2) and, where appropriate, to issue or renew the related certificates; or

to rely upon organisations to undertake fully or in part the inspections and surveys referred to in point (i);

it shall entrust these duties only to recognised organisations.

This Article does not concern the certification of specific items of marine equipment.

In order for a Member State to accept that a recognised organisation located in a third State is to carry out fully or in part the duties mentioned in Article 3 it may request the third State in question to grant reciprocal treatment to those recognised organisations which are located in the Community.
In addition, the Community may request the third State where a recognised organisation is located to grant reciprocal treatment to those recognised organisations which are located in the Community.

The working relationship shall be regulated by a formalised written and non-discriminatory agreement or equivalent legal arrangements setting out the specific duties and functions assumed by the organisations and including at least:

the provisions set out in Appendix II of IMO Resolution A.739(18) on guidelines for the authorisation of organisations acting on behalf of the administration, while drawing inspiration from the Annex, Appendices and Attachment to IMO MSC/Circular 710 and MEPC/Circular 307 on a model agreement for the authorisation of recognised organisations acting on behalf of the administration;

the following provisions concerning financial liability:

if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss of or damage to property or personal injury or death, which is proved in that court of law to have been caused by a wilful act or omission or gross negligence of the recognised organisation, its bodies, employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation to the extent that that loss, damage, injury or death was, as decided by that court, caused by the recognised organisation;

if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for personal injury or death, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation to the extent that that personal injury or death was, as decided by that court, caused by the recognised organisation; the Member States may limit the maximum amount payable by the recognised organisation, which must, however, be at least equal to EUR 4 million;

if liability arising out of any marine casualty is finally and definitely imposed on the administration by a court of law or as part of the settlement of a dispute through arbitration procedures, together with a requirement to compensate the injured parties for loss of or damage to property, which is proved in that court of law to have been caused by any negligent or reckless act or omission of the recognised organisation, its employees, agents or others who act on behalf of the recognised organisation, the administration shall be entitled to financial compensation from the recognised organisation, to the extent that that loss or damage was, as decided by that court, caused by the recognised organisation; the Member States may limit the maximum amount payable by the recognised organisation, which must, however, be at least equal to EUR 2 million;

provisions for a periodical audit by the administration or by an impartial external body appointed by the administration into the duties the organisations are undertaking on its behalf, as referred to in Article 9(1);

the possibility for random and detailed inspections of ships;

provisions for compulsory reporting of essential information about their classed fleet, and changes, suspensions and withdrawals of class.

The agreement or equivalent legal arrangement may require the recognised organisation to have a local representation on the territory of the Member State on behalf of which it performs the duties referred to in Article 3. A local representation with legal personality under the law of the Member State and subject to the jurisdiction of its national courts may satisfy such a requirement.

Each Member State shall provide the Commission with precise information on the working relationship established in accordance with this Article. The Commission shall subsequently inform the other Member States thereof.

Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Following the adoption of new instruments or protocols to the international conventions referred to in Article 2(d), the Council, acting on a proposal from the Commission, shall decide, taking into account the Member States’ parliamentary procedures as well as the relevant procedures within the IMO, on the detailed arrangements for ratifying those new instruments or protocols, while ensuring that they are applied uniformly and simultaneously in the Member States.
The amendments to the international instruments referred to in Article 2(d) and Article 5 may be excluded from the scope of this Directive, pursuant to Article 5 of COSS.

In order to carry out the task referred to in paragraph 1, each Member State shall, at least on a biennial basis, monitor every recognised organisation acting on its behalf and shall provide the other Member States and the Commission with a report on the results of such monitoring activities at the latest by 31 March of the year following the year in which the monitoring was carried out.

A Member State may decide to use rules it considers equivalent to the rules and procedures of a recognised organisation only on the proviso that it immediately notifies them to the Commission in conformity with the procedure under Directive 1998/34 and to the other Member States and they are not objected to by another Member State or the Commission and are held, through the regulatory procedure referred to in Article 6(2) of this Directive, not to be equivalent.

Member States shall cooperate with the recognised organisations they authorise in the development of the rules and procedures of those organisations. They shall confer with the recognised organisations with a view to achieving consistent interpretation of the international conventions.

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

OJ L 319, 12.12.1994, p. 20

OJ L 274, 7.10.1997, p. 8

OJ L 19, 22.1.2002, p. 9

OJ L 324, 29.11.2002, p. 53

PART B PART B

Time limit for transposition

31 December 1995

30 September 1998

22 July 2003

23 November 2003

This Directive Regulation 2009/391

Article 1 Article 1

Article 2(a) Article 2(a)

Article 2(b) —

Article 2(c) —

Article 2(d) Article 2(b)

Article 2(e) Article 2(c)

Article 2(f) Article 2(d)

Article 2(g) Article 2(e)

Article 2(h) Article 2(f)

Article 2(i) Article 2(g)

Article 2(k) Article 2(i)

Article 2(j) Article 2(h)

Article 2(l) —

— Article 2(j)

Article 3 —

— Article 3(1)

— Article 3(2)

— —

— Article 4(1)

— Article 3(3)

— Article 4(2), (3), (4)

— Article 5

— Article 6

— Article 7

Article 4(1) —

Article 4(2) —

Article 5 (1), (2), (3), (4) —

— —

Article 6 Article 12

Article 7(1), point (a) of first subparagraph —

— Article 13(1)

Article 7(1), point (b) of first subparagraph —

Article 7(1) second subparagraph Article 13(1) (second subparagraph)

Article 7(2) —

— Article 13(2)

— —

— —

Article 8 —

— —

Article 9(1), (2) —

— Article 8(1), (2)

Article 10 —

— —

Article 11(1), (2) —

Article 11(3) —

Article 12 —

— Article 9

— —

— Article 10(1), (2)

— Article 10(3)

— Article 10(4)

— Article 10(5)

— Article 10(6) first, second, third, fifth subparagraphs

Article 10(6) fourth subparagraph

Article 13 —

Article 16 —

Article 14 —

Article 15 —

— Article 11

— Article 14

— Article 15

— Article 16

— Article 17

— Article 18

— Article 19

— Annex I

Annex I —

Annex II Annex II