1994L0057 — EN — 22.01.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 94/57/EC
of 22 November 1994
on common rules and standards for ship inspection and survey organizations and for the relevant
activities of maritime administrations
(OJ L 319, 12.12.1994, p. 20)
Amended by:
OfficialJournal
No page date
►M1 Commission Directive 97/58/EC of 26 September 1997 L 274 8 7.10.1997
►M2 Directive 2001/105/EC of the European Parliament and of the Council of
19 December 2001L 19 9 22.1.2002
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COUNCIL DIRECTIVE 94/57/EC
of 22 November 1994
on common rules and standards for ship inspection and survey
organizations and for the relevant activities of maritime adminis-
trations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community andin particular Article 84 (2) thereof,
Having regard to the proposalfrom the Commission (
1),
Having regard to the opinion of the Ecomomic and SocialCommittee (2),
Acting in accordance with the procedure referred to in Article 189c of
the Treaty (3),
Whereas in its resolution of 8 June 1993 on a common policy on safe
seas, the Councilhas set the objective of removing al lsubstandard
vessels from Community waters and has given priority to Communityaction to secure the effective and uniform implementation of interna-tional rules by elaborating common standards for classificationsocieties (
4);
Whereas safety and pollution prevention at sea may be effectively
enhanced by strictly applying international conventions, codes andresolutions while furthering the objective of freedom to provide
services;
Whereas the controlof compl iance of ships with the uniform
international standards for safety and prevention of pollution of the
seas is the responsibility of flag and port States;
Whereas Member States are responsible for the issuing of international
certificates for safety and pollution provided for under conventions such
as Solas 74, Load Lines 66 and Marpol 73/78, and for theimplementation of the provisions thereof;
Whereas in compliance with such conventions all Member States may
authorize to a various extent technicalorganizations for the certificationof such compliance and may delegate the issue of the relevant safetycertificates;
Whereas worldwide a large number of the existing classification
societies do not ensure either adequate implementation of the rules orreliability when acting on behalf of national administrations as they do
not have adequate structures and experience to be relied upon and to
enable them to carry out their duties in a highly professional manner;
Whereas the objective of submitting classification societies to adequate
standards cannot be sufficiently achieved by the Member States actingindividually and can be better achieved by the Community;
Whereas the appropriate way to act is by means of a CouncilDirective
laying down minimum ciriteria for recognition of organizations, whileleaving recognition itself, the means of enforcement, and theimplementation of the Directive to the Member States;
Whereas EN 45004 and EN 29001 standards combined with Interna-
tionalAssociation of Cl assification Societies (IACS) standardsconstitute an adequate guarantee of performance quality of organiza-tions;1994L0057 — EN — 22.01.2002 — 002.001 — 2
(1) OJ No C 167, 18. 6. 1993, p. 13.
(2) OJ No C 34, 2. 2. 1994, p. 14.
(3) Opinion of the European Parliament of 9 March 1994 (OJ No C 91, 28. 3.
1994, p. 9), Councilcommon position of 19 September 1994 (OJ No C 301,
27. 10. 1994, p. 75) and Decision of the European Parliament of 16
November 1994 (not yet published in the Official Journal).
(4) OJ No C 271, 7. 10. 1993, p. 1.
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Whereas the issue of the Cargo Ship Safety Radio Certificate may be
entrusted to private bodies having sufficient expertise and qualifiedpersonnel;
Whereas organizations wishing to be recognized for the purpose of this
Directive must submit to the Member States complete information and
evidence of their compliance with the minimum criteria, and the
Member States must notify to the Commission and to the other MemberStates the organizations they have recognized;
Whereas a three-year recognition may be granted by the Commission for
organizations which do not meet the criteria fixing the minimum numberand tonnage of classed vessels and minimum number of exclusivesurveyors laid down in the Annex but meet all the other criteria; whereassuch organizations should be granted an extension of recognition afterthe period of three years provided they continue to meet the same
criteria; whereas the effects of the three-year recognition should be
limited to the requesting Member States, for that period only;
Whereas the establishment of the internal market involves free
circulation of services so that organizations meeting a set of common
criteria which guarantee their professionalism and reliability cannot beprevented from supplying their services within the Community provideda Member State has decided to delegate such statutory duties; whereassuch a Member State may nevertheless restrict the number of
organizations it authorizes in accordance with its needs based on
objective and transparent grounds, subject to controlexercised by theCommission through the comitology procedures;
Whereas the implementation of the principle of freedom to provide ship
inspection and survey services could be gradual, but not beyondprescribed time limits;
Whereas a tighter involvement of the national administrations in ship
surveys and in the issue of the related certificates is necessary to ensurefull compliance with the international safety rules even if the MemberStates rely upon organizations ouside their administration for carryingout statuory duties; whereas it is appropriate, therefore, to establish a
close working relationship between the administrations and the
organizations, which may require that the organization has a localrepresentation on the territory of the Member State on behalf of which itperforms its duties;
Whereas a committee of a regulatory nature should be established in
order to assist the Commission in its effort to ensure effectiveapplication of the existing maritime safety and environmental standardswhile taking account of the national ratification procedures;
Whereas the Commission must act according to the procedure laid down
in Article 13 in order to take due account of progress in internationalfora and to update the minimum criteria;
Whereas on the basis of the information provided in accordance with
Article 11 by the Member States about the performance of theorganizations working on their behalf, the Commission will decidewhether it will request Member States to withdraw the recognition of
recognized organizations which no longer fulfil the set of common
minimum criteria, acting in accordance with the procedure of Article 13;
Whereas Member States must nevertheless be left the possibility of
suspending their authorization to an organization for reasons of seriousdanger to safety or environment; whereas the Commission must rapidlydecide in accordance with the procedure referred to above whether it isnecessary to overrule such national measure;
Whereas each Member State should periodically assess the performance
of the organizations working on its behalf and provide the Commissionand all the other Member States with precise information related to suchperformance;
Whereas Member States, as port authorities, are required to enhance
safety and prevention of pollution in Community waters through priorityinspection of vessels carrying certificates of organizations which do not1994L0057 — EN — 22.01.2002 — 002.001 — 3
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fulfil the common criteria, thereby ensuring no more favourable
treatment to vessels flying the flag of a third State;
Whereas the procedure by which the committee will decide should be
Procedure III A of Article 2 of Council Decision 87/373/EEC of 13 July1987 laying down the procedures for the exercise of implementingpowers conferred on the Commission (
1);
Whereas classification societies must update and enforce their technical
standards in order to harmonize safety rules and ensure uniform
implementation of international rules within the Community;
Whereas at present there are not uniform internationalstandards to
which all ships must conform at the building stage and during theirentire life, as regards hull, machinery and electrical and controlinstallations; whereas such standards may be fixed according to the
rules of recognized classification societies or to equivalent standards to
be decided by the nationaladministrations in accordance with theprocedure laid down in Council Directive 83/189/EEC of 28 March1983 laying down a procedure for the provision of information in thefield of technical standards and regulations (
2),
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive establishes measures to be followed by the Member
States and organizations concerned with the inspection, survey andcertification of ships for compliance with the international conventionson safety at sea and prevention of marine pollution, while furthering theobjective of freedom to provide services. This process includes the
development and implementation of safety requirements for hull,
machinery and electrical and control installations of ships falling underthe scope of the internationalconventions.
Article 2
For the purpose of this Directive:
(a) ‘ship’ means a ship falling within the scope of the international
conventions;
(b) ‘ship flying the flag of a Member State’ means a ship registered in
and flying the flag of a Member State in accordance with itslegislation. Ships not corresponding to this definition are assimilatedto ships flying the flag of a third country;
(c) ‘inspections and surveys’ means inspections and surveys that it is
mandatory to carry out under the internationalconventions;
(d) ‘internationalconventions’ means the 1974 InternationalConven-
tion for the Safety of Life at Sea (SOLAS), the 1966 InternationalConvention on Load Lines and the 1973/1978 InternationalConvention for the Prevention of Pollution from Ships, togetherwith the protocols and amendments thereto, and related codes of
mandatory status in all Member States, in force on 19 December
2001;
(e) ‘organization’ means a classification society or other private body
carrying out safety assessment work for an administration;
(f) ‘recognized organization’ means an organization recognized in
conformity with Article 4;
(g) ‘authorization’ means an act whereby a Member State grants an
authorization or delegates powers to a recognized organization;1994L0057 — EN — 22.01.2002 — 002.001 — 4
(1) OJ No L 197, 18. 7. 1987, p. 33.
(2) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Directive 94/10/
EC (OJ No L 100, 19. 4. 1994, p. 30).▼M2
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(h) ‘certificate’ means a certificate issued by or on behalf of a Member
State in accordance with the internationalconventions;
(i) ‘class certificate’ means a document issued by a classification
society certifying the structuraland mechanicalfitness of a ship fora particular use or service in accordance with the rules andregulations laid down and made public by that society;
(j) ‘cargo ship safety radio certificate’ means the certificate introduced
by the amended SOLAS 1974/1978 Radio Regulations, adopted bythe IMO;
(k) ‘location’ refers to the place of the registered office, central
administration or principalpl ace of business of an organization.
Article 3
1. In assuming their responsibilities and obligations under the
internationalconventions, Member States shal lensure that theircompetent administrations can assure an appropriate enforcement ofthe provisions of the internationalconventions, in particul ar with regardto the inspection and survey of ships and the issue of certificates andexemption certificates. ►
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with the relevant provisions of the Annex and the Appendix to IMO
Resolution A.847(20) on guidelines to assist flag States in theimplementation of IMO instruments. ◄
2. Where for the purpose of paragraph 1 a Member State decides with
respect to ships flying its flag:
(i) to authorize organizations to undertake fully or in part inspections
and surveys related to certificates including those for the assessment
of compliance with Article 14 and, where appropriate, to issue orrenew the related certificates; or
(ii) to rely upon organizations to undertake fully or in part the
inspections and surveys referred to in subparagraph (i);
it shall entrust these duties only to recognized organizations.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 recognized by a competent administrationand having sufficient expertise and qualified personnel to carry out
specified safety assessment work on radio-communication on its behalf.
3. This Article does not concern the certification of specific items of
marine equipment.
Article 4
1. Member States which wish to grant an authorisation to any
organisation which is not yet recognised, shall submit a request forrecognition to the Commission together with complete information on,and evidence of, compliance with the criteria set out in the Annex andon the requirement and undertaking that it will comply with the
provisions of Article 15(2), (4) and (5). The Commission, together with
the respective Member States submitting the request, shall carry outassessments of the organisations for which the request for recognitionwas received in order to verify that the organisations meet and undertaketo comply with the above mentioned requirements. A decision onrecognition shall take into account the safety and pollution prevention
performance records of the organisation, referred to in Article 9.
Recognition shall be granted by the Commission in accordance with theprocedure referred to in Article 7(2).
2. Member States may submit to the Commission specialrequests for
a limited recognition of three years for organisations which meet all thecriteria of the Annex other than those set out under paragraphs 2 and 3of section A. The same procedure as that referred to in paragraph 1 will1994L0057 — EN — 22.01.2002 — 002.001 — 5
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apply to these special requests with the exception that the criteria of the
Annex for which compliance has to be assessed during the assessmentcarried out by the Commission, together with the Member State, shall be
all the criteria other than those set out under paragraphs 2 and 3 of
section A. The effects of these limited recognitions shall be limitedexclusively to the Member State or States which have submitted arequest for such recognition.
3. All the organisations which are granted recognition shall be closely
monitored by the committee set up under Article 7, particularly thosereferred to in paragraph 2 above, with a view to possible decisionsconcerning whether or not to extend the limited recognition. With regardto these latter organisations, a decision on the extension of such
recognition shall not take into account the criteria set out under
paragraphs 2 and 3 of section A of the Annex but shall take into accountthe safety and pollution prevention performance records of theorganisation, referred to in Article 9(2). Any decision on the extensionof the limited recognition shall specify under which conditions, if any,such extension is granted.
4. The Commission shall draw up and update a list of the
organisations recognised in compliance with paragraphs 1, 2 and 3.The list shall be published in the Official Journal of the European
Communities .
5. The organisations which on 22 January 2002 are already
recognised on the basis of this Directive shall continue to be recognised.Nevertheless, those organisations shall be required to comply with thenew provisions laid down in this Directive and their compliance shall beassessed during the first assessments referred to in Article 11.
Article 5
1. In applying Article 3(2), Member States shall in principle not
refuse to authorise any of the recognised organisations to undertake such
functions, subject to the provisions of paragraph 3 and Articles 6 and 11.
However, they may restrict the number of organisations they authorise inaccordance with their needs provided there are transparent and objectivegrounds for so doing. At the request of a Member State, the Commissionshall, in accordance with the procedure laid down in Article 7, adoptappropriate measures.
3. In order for a Member State to accept that a recognisedorganisation located in a third State is to carry out the duties mentioned
in Article 3 or part of them it may request the third State in question to
grant reciprocaltreatment for those recognised organisations which arelocated in the Community. In addition, the Community may request thethird State where a recognised organisation is located to grant reciprocaltreatment for those recognised organisations which are located in theCommunity.
Article 6
1. Member States which decide to act as decribed in Article 3 (2),
shall set out a working relationship between their competent adminis-tration and the organizations acting on their behalf.
2. The working relationship shall be regulated by a formalised written
and non-discriminatory agreement or equivalent legal arrangementssetting out the specific duties and functions assumed by the organisa-tions and including at least:
(a) the provisions set out in Appendix II of IMO Resolution A.739(18)
on guidelines for the authorisation of organisations acting on behalfof the administration, while drawing inspiration from the Annex,Appendixes and Attachment to IMO MSC/Circular 710 and MEPC/1994L0057 — EN — 22.01.2002 — 002.001 — 6
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Circular 307 on model agreement for the authorisation of recognised
organisations acting on behalf of the administration;
(b) the following provisions concerning financial liability:
(i) if liability arising out of any incident 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 ordamage to property or personalinjury or death, which is provedin that court of law to have been caused by a wilful act oromission 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 tofinancialcompensation from the recognised organisation to theextent that the said loss, damage, injury or death is, as decidedby that court, caused by the recognised organisation;
(ii) if liability arising out of any incident is finally and definitely
imposed on the administration by a court of law or as part of thesettlement of a dispute through arbitration procedures, togetherwith a requirement to compensate the injured parties forpersonalinjury or death, which is proved in that court of l aw to
have been caused by any negligent or reckless act or omission
of the recognised organisation, its employees, agents or otherswho act on behalf of the recognised organisation, theadministration shall be entitled to financial compensationfrom the recognised organisation to the extent that the saidpersonalinjury or death is, 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;
(iii) if liability arising out of any incident 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, togetherwith a requirement to compensate the injured parties for loss ordamage to property, which is proved in that court of law to havebeen caused by any negligent or reckless act or omission of therecognised organisation, its employees, agents or others who
act on behalf of the recognised organisation, the administration
shall be entitled to financial compensation from the recognisedorganisation, to the extent that the said loss or damage is, asdecided 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;
(c) provisions for a periodicalaudit by the administration or by an
impartialexternalbody appointed by the administration into theduties the organisations are undertaking on its behalf, as referred toin Article 11(1);
(d) the possibility for random and detailed inspections of ships;
(e) provisions for reporting essentialinformation about their cl assed
fleet, changes, suspensions and withdrawals of class, as referred to
in Article 15(3).
3. The agreement or equivalent legal arangement may set the
requirement that the recognized organization has a local representationon the territory of the Member State on behalf of which it performs theduties referred to in Article 3. A local representation of a legal nature
ensuring legal personality under the law of the Member State and the
competence of its nationalcourts may satisfy such requirement.
4. 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 otherMember States.
5. The Commission shall, not later than 22 July 2006, submit a report
to the European Parliament and to the Council evaluating the economic1994L0057 — EN — 22.01.2002 — 002.001 — 7
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impact of the liability regime provided for in this Article on the parties
concerned and, more particularly, its consequences for the financialequilibrium of recognised organisations.
This report shall be drawn up in cooperation with the competent
authorities of the Member States and the parties concerned, in particularrecognised organisations/classification societies. The Commission shall,if necessary in the light of this evaluation, submit a proposal amending
this Directive with more specific reference to the principle of liability
and the maximum liabilities.
Article 7
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions ofArticle 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 8
1. This Directive may, without broadening its scope, be amended in
accordance with the procedure laid down in Article 7(2), in order to:
— apply, for the purposes of this Directive, subsequent amendments to
the international conventions, protocols, codes and resolutions
related thereto mentioned in Articles 2(d), 3(1) and 6(2), which
have entered into force,
— update the criteria in the Annex taking into account, in particular, the
relevant decisions of the IMO,
— alter the amounts specified in points (ii) and (iii) of Article 6(2)(b).
2. Following the adoption of new instruments or protocols to the
conventions referred to in Article 2 (d), the Council, acting on a proposalfrom the Commission, shall decide, taking into account the Member
States parlimentary procedures as well as the relevant procedures within
IMO, on the detailed arrangements for ratifying those new instrumentsor protocols, while ensuring that they are applied uniformly andsimultaneously in the Member States.
Article 9
1. The recognition of organisations referred to in Article 4 which no
longer fulfil the criteria set out in the Annex or which fail to meet thesafety and pollution prevention performance records mentioned in
paragraph 2 shall be withdrawn. The withdrawal of recognition shall be
decided by the Commission in accordance with the procedure referred toin Article 7(2), after the organisation concerned has been given theopportunity to submit its observations.
2. In preparing drafts for a decision relating to the withdrawal of
recognition as referred to in paragraph 1, the Commission shall take into
account the outcome of the assessments of the recognised organisationsreferred to in Article 11 as well as the safety and pollution preventionperformance records of the organisations, measured for all the ships theyhave in class irrespective of the flag the ships fly.
The safety and pollution prevention performance records of the
organisations shall be derived from the data produced by the ParisMemorandum of Understanding on Port State Controland/or by simil arschemes. Other indications may be derived from an analysis of thecasualties involving ships classed by the recognised organisations.1994L0057 — EN — 22.01.2002 — 002.001 — 8
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Reports produced by Member States on the basis of Article 12 shall also
be taken into consideration to assess the safety and pollution preventionperformance records of the organisations.
The Committee set up under Article 7 shall determine the criteria to be
followed in order to decide, on the basis of the information referred to inthis paragraph, when the performance of an organisation acting onbehalf of a flag State can be considered an unacceptable threat to safetyand the environment.
Draft decisions relating to the withdrawal of recognition as referred to in
paragraph 1 shall be submitted to the Committee by the Commissionupon its own initiative or at the request of a Member State.
Article 10
1. Notwithstanding the criteria specified in the Annex, where a
Member State considers that a recognised organisation can no longer beauthorised to carry out on its behalf the tasks specified in Article 3 itmay suspend such authorisation on the basis of the following procedure:
(a) the Member State shall inform the Commission and the other
Member States of its decision without delay, giving substantiated
reasons therefor;
(b) the Commission shall examine whether the suspension is justified
for reasons of serious danger to safety or the environment;
(c) acting in accordance with the procedure laid down in Article 7(2),
the Commission shall inform the Member State whether or not its
decision to suspend the authorisation is justified for reasons of
serious danger to safety or the environment and, if it is not justified,request the Member State to withdraw the suspension.
2. Whenever the Commission considers that the safety and pollution
prevention performance records of a recognised organisation worsen,
without however justifying the withdrawalof its recognition on the basis
of the criteria referred to in Article 9(2), it may decide to inform therecognised organisation accordingly and request it to take appropriatemeasures to improve its safety and pollution prevention performancerecords, and inform the Member States thereof. Should the recognisedorganisation failto provide the Commission with an appropriate answer
or should the Commission consider that the measures taken by the
recognised organisation have failed to improve its safety and pollutionprevention performance records, the Commission may decide to suspendrecognition of the organisation for a period of one year in accordancewith the procedure referred to in Article 7(2) after the organisation
concerned has been given the opportunity to submit its observations.
During that period, the recognised organisation will not be allowed toissue or renew any certificate to ships flying the flag of the MemberStates while the certificates issued or renewed in the past by theorganisation remain valid.
3. The procedure referred to in paragraph 2 shall also apply where the
Commission has evidence that a recognised organisation has failed tocomply with the provisions of Article 15(3), (4) or (5).
4. One year after the adoption of the decision of the Commission to
suspend recognition of an organisation, the Commission shall assess
whether the shortcomings referred to in paragraphs 2 and 3 which led to
the suspension have been removed. Where such shortcomings are stillpresent, recognition shall be withdrawn in accordance with theprocedure referred to in Article 7(2).
Article 11
1. Each Member State must satisfy itself that the recognised
organisations acting on its behalf for the purpose of Article 3(2)
effectively carry out the functions referred to in that Article to thesatisfaction of its competent administration.
2. Each Member State shall carry out this task at least on a biennial
basis and shall provide the other Member States and the Commission1994L0057 — EN — 22.01.2002 — 002.001 — 9
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with a report of the results of this monitoring at the latest by 31 March of
each year following the years for which compliance has been assessed.
3. All the recognised organisations shall be assessed by the
Commission, together with the Member State which submitted therelevant request for recognition, on a regular basis and at least every two
years to verify that they fulfil the criteria of the Annex. In selecting the
organisations for assessment, the Commission shall pay particularattention to the safety and pollution prevention performance records ofthe organisation, to the casualty records and to the reports produced byMember States in accordance with Article 12. The assessment may
include a visit to regional branches of the organisation as well as random
inspection of ships for the purpose of auditing the organisation'sperformance. In this case the Commission shall, where appropriate,inform the Member States where the regionalbranch is l ocated. TheCommission shall provide the Member States with a report of the resultsof the assessment.
4. Each recognised organisation shall make available the results of its
quality system management review to the Committee set up under
Article 7, on an annual basis.
Article 12
In exercising their inspection rights and obligations as port States,
Member States shall report to the Commission and to other MemberStates, and inform the flag State concerned, the discovery of the issue of
valid certificates by organisations acting on behalf of a flag State to a
ship which does not fulfil the relevant requirements of the internationalconventions, or of any failure of a ship carrying a valid class certificateand relating to items covered by that certificate. Only cases of shipsrepresenting a serious threat to safety and the environment or showing
evidence of particularly negligent behaviour of the organisations shall be
reported for the purposes of this Article. The recognised organisationconcerned shall be advised of the case at the time of the initialinspection so that it can take appropriate follow-up action immediately.
Article 14
1. Each Member State shall ensure that ships flying its flag shall be
constructed and maintained in accordance with the hull, machinery and
electrical and control installation requirements of a recognizedorganization.
2. A Member State may decide to use rules it considers equivalent to
those of a recognized organization only on the proviso that itimmediately notified them to the Commission in conformity with theprocedure of Direcitve 83/189/EEC and to the other Member States andthey are not objected to by another Member State or the Commission
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equivalent.
Article 15
1. The recognised organisations shall consult with each other
periodically with a view to maintaining equivalence of their technical
standards and the implementation thereof in line with the provisions of
IMO Resolution A.847(20) on guidelines to assist flag States in theimplementation of IMO instruments. They shall provide the Commissionwith periodic reports on fundamentalprogress in standards.
2. The recognized organizations shall demonstrate willingness to
cooperate with port State controladministrations when a ship of theirclass is concerned, in particular, in order to facilitate the rectification ofreported deficiencies or other discrepancies.1994L0057 — EN — 22.01.2002 — 002.001 — 10
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3. The recognised organisations shall provide to all Member States
administrations which have granted any of the authorisations providedfor in Article 3 and to the Commission all relevant information about
their classed fleet, transfers, changes, suspensions and withdrawals of
class, irrespective of the flag the vessels fly. Information on transfers,changes, suspensions, and withdrawals of class, including informationon all overdue surveys, overdue recommendations, conditions of class,operating conditions or operating restrictions issued against their classed
vessels — irrespective of the flag the vessels fly — shall also be
communicated to the Sirenac information system for port State controlinspections and shall be published on the website, if any, of theserecognised organisations.
4. The recognised organisations shall not issue certificates to a ship,
irrespective of its flag, which has been declassed or is changing class forsafety reasons before giving the opportunity to the competent
administration of the flag State to give its opinion within a reasonable
time in order to determine whether a full inspection is necessary.
5. In cases of transfer of class from one recognised organisation to
another, the losing organisation shall inform the gaining organisation ofall overdue surveys, overdue recommendations, conditions of class,operating conditions or operating restrictions issued against the vessel.
On transfer, the losing organisation shall provide the gaining organisa-
tion with the complete history file of the vessel. The certificates of theship can be issued by the gaining organisation only after all overduesurveys have been satisfactorily completed and all overdue recommen-dations or conditions of class previously issued against the vessel havebeen completed as specified by the losing organisation. Prior to the
issuance of the certificates, the gaining organisation must advise the
losing organisation of the date of issue of the certificates and confirm thedate, location and action taken to satisfy each overdue survey, overduerecommendation and overdue condition of class. The recognisedorganisations shall cooperate with each other in properly implementing
the provisions of this paragraph.
Article 16
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with the Directive nolater than 31 December 1995.
2. When Member States adopt these provisions, they shall contain a
reference to this Directive or shall be accompanied by such reference onthe occasion of their officialpubl ication. The methods of making such a
reference shall be laid down by the Member States.
3. The Member States shall immediately communicate to the
Commission the text of all the provisions of domestic law which theyadopt in the field governed by this Directive. The Commission shallinform the other Member States thereof.
4. In addition, the Commission shall inform the European Parliament
and the Council, on a regular basis, of progress in the implementation of
the Directive within the Member States.
Article 17
This Directive is addressed to the Member States.1994L0057 — EN — 22.01.2002 — 002.001 — 11
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ANNEX
MINIMUM CRITERIA FOR ORGANIZATIONS REFERRED TO IN
ARTICLE 3
A. GENERAL MINIMUM CRITERIA
1. The recognised organisation must be able to document extensive
experience in assessing the design and construction of merchant ships.
2. The organisation must have in its class a fleet of at least 1 000 ocean-going
vessels (over 100 GRT) totalling no less than 5 million GRT.
3. The organisation must employ a technical staff commensurate with the
number of vessels classed. As a minimum, 100 exclusive surveyors are
needed to meet the requirements in paragraph 2.
4. The organisation must have comprehensive rules and regulations for the
design, construction and periodic survey of merchant ships, published and
continually upgraded and improved through research and development
programmes.
5. The organisation must have its register of vessels published on an annual
basis or maintained in an electronic base accessible to the public.
6. The organisation must not be controlled by shipowners or shipbuilders, or
by others engaged commercially in the manufacture, equipping, repair or
operation of ships. The organisation must not be substantially dependent
on a single commercial enterprise for its revenue. The recognised
organisation must not carry out statutory work if it is identicalwith or
has business, personal or family links to the shipowner or operator. This
incompatibility shall also apply to surveyors employed by the recognised
organisation.
7. The organisation must operate in accordance with the provisions set out in
the Annex to IMO Resolution A.789(19) on specifications on the survey
and certification functions of recognised organisations acting on behalf of
the administration, in so far as they cover matters falling within the scope
of this Directive.
B. SPECIFIC MINIMUM CRITERIA
1. The organization is established with:
(a) a significant technical, managerial, support and research staff
commensurate to the tasks and to the vessels classed, catering also
for capability — developing and upholding rules and regulations;
(b) world-wide coverage by its exclusive technical staff or through
exclusive technical staff of other recognized organizations.
2. The organization is governed by a code of ethics.
3. The organization is managed and administered in such a way as to ensure
the confidentiality of information required by the administration.
4. The organisation is prepared to provide relevant information to the
administration, to the Commission and to the interested parties.
5. The organisation's management has defined and documented its policy and
objectives for, and commitment to, quality and has ensured that this policy
is understood, implemented and maintained at all levels in the
organisation. The organisation's policy must refer to safety and pollution
prevention performance targets and indicators.
6. The organisation has developed, implemented and maintains an effective
internal quality system based on appropriate parts of internationally
recognised quality standards and in compliance with EN 45004 (inspection
bodies) and with EN 29001, as interpreted by the IACS Quality System
Certification Scheme Requirements, and which, inter alia , ensures that:
(a) the organisation's rules and regulations are established and maintained
in a systematic manner;
(b) the organisation's rules and regulations are complied with and an
internal system to measure the quality of service in relation to these
rules and regulations is put in place;1994L0057 — EN — 22.01.2002 — 002.001 — 12
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(c) the requirements of the statutory work for which the organisation is
authorised are satisfied and an internalsystem to measure the qual ity
of service in relation to the compliance with the international
conventions is put in place;
(d) the responsibilities, authorities and interrelation of personnel whose
work affects the quality of the organisation's services are defined and
documented;
(e) all work is carried out under controlled conditions;
(f) a supervisory system is in place which monitors the actions and work
carried out by surveyors and technicaland administrative staff
employed directly by the organisation;
(g) the requirements of the statutory work for which the organisation is
authorised are only carried out by its exclusive surveyors or by
exclusive surveyors of other recognised organisations; in all cases, the
exclusive surveyors must have an extensive knowledge of the
particular type of ship on which they carry out the statutory work as
relevant to the particular survey to be carried out and of the relevant
applicable requirements;
(h) a system for qualification of surveyors and continuous updating of
their knowledge is implemented;
(i) records are maintained, demonstrating achievement of the required
standards in the items covered by the services performed, as well as
the effective operation of the quality system;
(j) a comprehensive system of planned and documented internal audits of
the quality related activities is maintained in all locations;
(k) the statutory surveys and inspections required by the Harmonised
System of Survey and Certification for which the organisation is
authorised are carried out in accordance with the provision set out in
the Annex and Appendix to IMO Resolution A.746(18) on Survey
Guidelines under the Harmonised System of Survey and Certification;
(l) clear and direct lines of responsibility and control are established
between the centraland the regionaloffices of the society and between
the recognised organisations and their surveyors.
7. The organisation must demonstrate ability:
(a) to develop and keep updated a full and adequate set of own rules and
regulations on hull, machinery and electrical and control equipment
having the quality of internationally recognised technical standards on
the basis of which SOLAS Convention and Passenger Ship Safety
Certificates (as regards adequacy of ship structure and essential
shipboard machinery systems) and Load Line Certificates (as regards
adequacy of ship strength) can be issued;
(b) to carry out all inspections and surveys required by the international
conventions for the issue of certificates, including the necessary means
of assessing — through the use of qualified professional staff and in
accordance with the provisions set out in the Annex to IMO Resolution
A.788(19) on guidelines on implementation of the International Safety
Management (ISM) Code by administrations — the application and
maintenance of the safety management system, both shore-based and
on board ships, intended to be covered in the certification.
8. The organization is subject to certification of its quality system by an
independent body of auditors recognized by the administration of the State
in which it is located.
9. The organisation must allow participation in the development of its rules
and/or regulations by representatives of the administration and other
parties concerned.1994L0057 — EN — 22.01.2002 — 002.001 — 13
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