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Article 1: Subject matter and scope
Article 2: Definitions
Article 3: Establishment of the EMSWe data set
The first such delegated act shall be adopted by 15 August 2021.
As set out in Article 4, a Member State may request the Commission to introduce or amend data elements in the EMSWe data set, in accordance with the reporting obligations contained in the national legislation and requirements. When assessing whether data elements are to be included in the EMSWe data set, the Commission shall take into account safety concerns, as well as the principles of the FAL Convention, namely the principle of only requiring the reporting of essential information and keeping the number of items to a minimum.
The Commission shall decide, within three months after the request, whether to introduce the data elements in the EMSWe data set. The Commission shall justify its decision.
A delegated act which introduces or amends a data element in the EMSWe data set shall include an explicit reference to the national legislation and requirements referred to in the third subparagraph.
In the event that the Commission decides not to introduce the requested data element, the Commission shall give substantiated grounds for its refusal, with reference to the safety of navigation and the principles of the FAL Convention.
Article 4: Amendments to the EMSWe data set
No later than one month before the end of the last three-month period referred to in the first subparagraph, the Member State may request the Commission that the additional data elements become part of the EMSWe data set, in accordance with Article 3(3). The Member State may continue to ask declarants to provide the additional data elements until a decision by the Commission has been taken, and in the event of a positive decision, until the amended EMSWe data set has been implemented.
Article 5: Maritime National Single Window
Member States shall be responsible for the operation of their maritime National Single Window.
Member States may jointly establish a maritime single window with one or more other Member States. Those Member States shall designate that maritime single window as their maritime National Single Window, and shall remain responsible for its operation in accordance with this Regulation.
The first such implementing act shall be adopted by 15 August 2021.
Article 6: Harmonised Reporting Interfaces
The first such implementing act shall be adopted by 15 August 2021.
The first such implementing act shall be adopted by 15 August 2021.
Article 7: Other means of reporting
Article 8: Once-only principle
Article 9: Responsibility for the information communicated
Article 10: Data protection and confidentiality
Article 11: Additional provisions for customs
The first such implementing act shall be adopted by 15 August 2021.
Article 12: EMSWe user registry and access management system
The first such implementing act shall be adopted by 15 August 2021.
Article 13: Common addressing service
The first such implementing act shall be adopted by 15 August 2024.
Article 14: EMSWe Ship Database
The first such implementing act shall be adopted by 15 August 2021.
Article 15: Common Location Database
The first such implementing act shall be adopted by 15 August 2021.
Article 16: Common Hazmat Database
The first such implementing act shall be adopted by 15 August 2021.
Article 17: Common Ship Sanitation Database
The competent health authorities of the Member States shall have access to the database for the purpose of receiving and exchanging data.
Article 18: National coordinators
Article 19: Multi-annual Implementation Plan
Article 20: Costs
Article 21: Cooperation with other trade and transport facilitation systems or services
Article 22: Review and report
By 15 August 2027, the Commission shall review the application of this Regulation and shall submit to the European Parliament and the Council an assessment report on the functioning of the EMSWe on the basis of the data and statistics collected. The assessment report shall include, where necessary, an evaluation of emerging technologies which could lead to changes to or the replacement of the harmonised reporting interface module.
Article 23: Exercise of the delegation
Article 24: Committee procedure
Article 25: Repeal of Directive 2010/65/EU
References to Directive 2010/65/EU shall be construed as references to this Regulation.
Article 26: Entry into force
Recital 1
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Recital 33
REPORTING OBLIGATIONS REPORTING OBLIGATIONS
A. Reporting obligations stemming from legal acts of the Union
This category of reporting obligations includes the information which is to be provided in accordance with the following provisions:
This category of reporting obligations includes the information which is to be provided in accordance with the FAL Convention and other relevant international legal instruments.
APPENDIX
(1974 International Convention for the Safety of Life at Sea (SOLAS) regulation 9 of Chapter XI-2 and Article 6(3) of ESPFSR )
IMO number
Name of ship
Port of registry
Flag State
Type of ship
Call Sign
Gross Tonnage
Inmarsat call numbers (if available)
Name of Company and company identification number
CSO name & 24 hour contact details
Port of arrival
Port facility of arrival (if known)
Port and port facility information
Expected date and time of arrival of the ship in port (ETA)
Primary purpose of call
Information required by SOLAS Regulation 9.2.1 of Chapter XI -2
Does the ship have a valid International Ship Security Certificate (ISSC)?
YES
ISSC
NO - why not?
Issued by (name of Administration or RSO)
Expiry date (dd/mm/yyyy)
Does the ship have an approved SSP on board?
YES
NO
Security Level at which the ship is currently operating?
Security Level 1
Security Level 2
Security Level 3
Location of ship at the time this report is made
List the last ten calls at port facilities in chronological order (most recent call first):
No.
Date from (dd/mm/yyyy)
Date to (dd/mm/yyyy)
Port
Country
UN/LOCODE (if available)
Port facility
Security Level
1
SL =
2
SL =
3
SL =
4
SL =
5
SL =
Date from (dd/mm/yyyy)
Date to (dd/mm/yyyy)
Port
Country
UN/LOCODE (if available)
Port facility
Security Level
6
SL =
7
SL =
8
SL =
9
SL =
10
SL =
Did the ship take any special or additional security measures, beyond those in the approved SSP?
If the answer is YES, indicate below the special or additional security measures taken by the ship.
YES
NO
No. (as above)
Special or additional security measures taken by the ship
1
2
3
4
5
6
7
8
9
10
List the ship-to-ship activities, in chronological order (most recent first), which were carried out during the last ten calls at port facilities listed above. Expand table below or continue on separate page if necessary – insert total number of ship-to-ship activities:
If NO, provide details of the security measures applied in lieu in the final column below.
YES
NO
No.
Date from (dd/mm/yyyy)
Date to (dd/mm/yyyy)
Location or Longitude and Latitude
Ship-to-ship activity
Security measures applied in lieu
1
2
3
4
5
6
7
8
9
10
General description of the cargo aboard the ship
Is the ship carrying any dangerous substances as cargo covered by any of Classes 1, 2.1, 2.3, 3, 4.1, 5.1, 6.1, 6.2, 7 or 8 of the IMDG Code?
YES
NO
If YES, confirm Dangerous Goods Manifest (or relevant extract) is attached
Confirm a copy of ship’s crew list is attached
YES
Confirm a copy of the ship’s passenger list is attached
YES
Other security related information
Is there any security-related matter you wish to report?
YES
Provide details:
NO
Agent of ship at intended port of arrival
Name:
Contact details (Tel. no.):
Identification of person providing the information
Title or Position (delete as appropriate):
Master / SSO / CSO / Ship’s agent (as above)
Name:
Signature:
Date/Time/Place of completion of report
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 2019.