1994L0057 — EN — 29.11.2002 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE94/57/EC
of22November1994
oncommonrulesandstandardsforshipinspectionandsurveyorganizationsandfortherelevant
activities ofmaritime administrations
(OJ L 319, 12.12.1994, p. 20)
Amended by:
Official Journal
No page date
►M1Commission Directive 97/58/EC of 26 September 1997 L 274 8 7.10.1997
►M2Directive 2001/105/EC of the European Parliament and of the Council of
19 December 2001L 19 9 22.1.2002
►M3Directive 2002/84/EC of the European Parliament and of the Council of
5 November 2002L 324 53 29.11.2002
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COUNCILDIRECTIVE94/57/EC
of22November1994
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 proposal from the Commission(
1),
Having regard to the opinion of the Ecomomic and Social
Committee(2),
Acting in accordance withth e 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 Council has set the objective of removing all substandardvessels 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 classification
societies(
4);
Whereas safety and pollution prevention at sea may be effectively
enhanced by strictly applying international conventions, codes and
resolutions while furthering the objective of freedom to provide
services;
Whereas the control of compliance of ships with the uniform interna-
tional standards for safety and prevention of pollution of the seas isthe responsibility of flag and port States;
Whereas Member States are responsible for the issuing of international
certificates for safety and pollution provided for under conventionssuchas Solas 74, Load Lines 66 and Marpol 73/78, and for th e imple-mentation of the provisions thereof;
Whereas in compliance with such conventions all Member States may
authorize to a various extent technical organizations for the certifica-tion of such compliance and may delegate the issue of the relevantsafety certificates;
Whereas worldwide a large number of the existing classification socie-
ties do not ensure either adequate implementation of the rules or
reliability when acting on behalf of national administrations as they
do not have adequate structures and experience to be relied upon andto enable them to carry out their duties in a highly professionalmanner;
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 Council Directive
laying down minimum ciriteria for recognition of organizations, whileleaving recognition itself, the means of enforcement, and the imple-
mentation of the Directive to the Member States;
Whereas EN 45004 and EN 29001 standards combined with Interna-
tional Association of Classification Societies (IACS) standards1994L0057 — EN — 29.11.2002 — 003.001 — 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), Council common 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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constitute an adequate guarantee of performance quality of organiza-
tions;
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 andevidence of their compliance with the minimum criteria, and theMember States must notify to the Commission and to the other
Member States 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
number and tonnage of classed vessels and minimum number of exclu-
sive surveyors laid down in the Annex but meet all the other criteria;whereas such organizations should be granted an extension of recogni-tion after the period of three years provided they continue to meet thesame criteria; whereas the effects of the three-year recognition shouldbe limited to the requesting Member States, for that period only;
Whereas the establishment of the internal market involves free circula-
tion of services so that organizations meeting a set of common criteriawhich guarantee their professionalism and reliability cannot be
prevented from supplying their services within the Community
provided a Member State has decided to delegate such statutory duties;whereas such a Member State may nevertheless restrict the number oforganizations it authorizes in accordance with its needs based on objec-tive and transparent grounds, subject to control exercised 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 Member
States rely upon organizations ouside their administration for carrying
out statuory duties; whereas it is appropriate, therefore, to establish aclose working relationship between the administrations and the organi-zations, which may require that the organization has a localrepresentation on the territory of the Member State on behalf of whichit performs its duties;
Whereas a committee of a regulatory nature should be established in
order to assist the Commission in its effort to ensure effective applica-tion of the existing maritime safety and environmental standards while
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 interna-
tional fora 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 the organi-zations working on their behalf, the Commission will decide whether it
will request Member States to withdraw the recognition of recognized
organizations which no longer fulfil the set of common minimumcriteria, acting in accordance withth e 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 suchnational measure;
Whereas each Member State should periodically assess the perfor-
mance of the organizations working on its behalf and provide theCommission and all the other Member States with precise informationrelated to suchperformance;1994L0057 — EN — 29.11.2002 — 003.001 — 3
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Whereas Member States, as port authorities, are required to enhance
safety and prevention of pollution in Community waters throughpriority inspection of vessels carrying certificates of organizations
which do not 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 13July 1987 laying down the procedures for the exercise of implementing
powers conferred on the Commission(
1);
Whereas classification societies must update and enforce their technical
standards in order to harmonize safety rules and ensure uniform imple-mentation of international rules within the Community;
Whereas at present there are not uniform international standards to
which all ships must conform at the building stage and during theirentire life, as regards hull, machinery and electrical and control instal-
lations; whereas such standards may be fixed according to the rules of
recognized classification societies or to equivalent standards to bedecided by the national administrations in accordance with the proce-dure laid down in Council Directive 83/189/EEC of 28 March1983laying down a procedure for the provision of information in the field
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 withth e inspection, survey andcertification of ships for compliance with the international conventionson safety at sea and prevention of marine pollution, while furtheringthe objective 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 international conventions.
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 its legis-lation. Ships not corresponding to this definition are assimilated to
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 international conventions;
(d) ‘international conventions’ means the 1974 International Conven-
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, ►
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version◄;
(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 withArticle 4;1994L0057 — EN — 29.11.2002 — 003.001 — 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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(g) ‘authorization’ means an act whereby a Member State grants an
authorization or delegates powers to a recognized organization;
(h) ‘certificate’ means a certificate issued by or on behalf of a
Member State in accordance withth e international conventions;
(i) ‘class certificate’ means a document issued by a classification
society certifying the structural and mechanical fitness of a shipfor a particular use or service in accordance withth e rules andregulations laid down and made public by that society;
(j) ‘cargo ship safety radio certificate’ means the certificate intro-
duced by the amended SOLAS 1974/1978 Radio Regulations,
adopted by the IMO;
(k) ‘location’ refers to the place of the registered office, central
administration or principal place of business of an organization.
Article 3
1. In assuming their responsibilities and obligations under the inter-
national conventions, Member States shall ensure that their competent
administrations can assure an appropriate enforcement of the provisions
of the international conventions, in particular with regard to the inspec-tion and survey of ships and the issue of certificates and exemptioncertificates. ►
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relevant provisions of the Annex and the Appendix to IMO Resolution
A.847(20) on guidelines to assist flag States in the implementation of
IMO instruments. ◄
2. Where for the purpose of paragraph 1 a Member State decides
withrespect to sh ips flying its flag:
(i) to authorize organizations to undertake fully or in part inspections
and surveys related to certificates including those for the assess-ment of compliance withArticle 14 and, wh ere appropriate, toissue or renew the related certificates; or
(ii) to rely upon organizations to undertake fully or in part the inspec-
tions 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 administration
and having sufficient expertise and qualified personnel to carry outspecified 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 orga-
nisation 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 and
on the requirement and undertaking that it will comply with the provi-sions of Article 15(2), (4) and (5). The Commission, together with therespective Member States submitting the request, shall carry out assess-ments of the organisations for which the request for recognition was
received in order to verify that the organisations meet and undertake
to comply withth e above mentioned requirements. A decision onrecognition shall take into account the safety and pollution preventionperformance records of the organisation, referred to in Article 9.Recognition shall be granted by the Commission in accordance withthe procedure referred to in Article 7(2).1994L0057 — EN — 29.11.2002 — 003.001 — 5
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2. Member States may submit to the Commission special requests
for a limited recognition of three years for organisations which meetall the criteria of the Annex other than those set out under paragraphs
2 and 3 of section A. The same procedure as that referred to in para-
graph 1 will apply to these special requests with the exception that thecriteria of the Annex for which compliance has to be assessed duringthe assessment carried out by the Commission, together with theMember State, shall be all the criteria other than those set out under
paragraphs 2 and 3 of section A. The effects of these limited recogni-
tions shall be limited exclusively to the Member State or States whichhave submitted a request for such recognition.
3. All the organisations which are granted recognition shall be
closely monitored by the committee set up under Article 7, particularlythose referred to in paragraph 2 above, with a view to possible deci-sions concerning whether or not to extend the limited recognition.With regard to these latter organisations, a decision on the extensionof 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
account the safety and pollution prevention performance records ofthe organisation, referred to in Article 9(2). Any decision on the exten-sion of the limited recognition shall specify under which conditions, ifany, suchextension is granted.
4. The Commission shall draw up and update a list of the organisa-
tions recognised in compliance with paragraphs 1, 2 and 3. The listshall be published in the Official Journal of the European Commu-
nities.
5. The organisations which on 22 January 2002 are already recog-
nised on the basis of this Directive shall continue to be recognised.Nevertheless, those organisations shall be required to comply with the
new provisions laid down in this Directive and their compliance shall
be assessed 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
suchfunctions, subject to th e provisions of paragraph3 and Articles 6
and 11. However, they may restrict the number of organisations theyauthorise in accordance with their needs provided there are transparentand objective grounds for so doing. At the request of a Member State,the Commission shall, in accordance with the procedure laid down inArticle 7, adopt appropriate measures.
3. In order for a Member State to accept that a recognised organisa-tion located in a third State is to carry out the duties mentioned inArticle 3 or part of them it may request the third State in question togrant reciprocal treatment 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 reci-
procal treatment for those recognised organisations which are located
in the Community.
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 arrange-1994L0057 — EN — 29.11.2002 — 003.001 — 6
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ments setting out the specific duties and functions assumed by the
organisations 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 andMEPC/Circular 307 on model agreement for the authorisation ofrecognised 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 ofthe settlement of a dispute through arbitration procedures,together with a requirement to compensate the injured partiesfor loss 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 recognisedorganisation, its bodies, employees, agents or others who acton behalf of the recognised organisation, the administrationshall be entitled to financial compensation from the recognisedorganisation to the extent that the said loss, damage, injury or
death is, as decided by 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 ofthe settlement of a dispute through arbitration procedures,together with a requirement to compensate the injured partiesfor 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, agentsor others who act on behalf of the recognised organisation, theadministration shall be entitled to financial compensation fromthe recognised organisation to the extent that the said personal
injury or death is, as decided by that court, caused by the
recognised organisation; the Member States may limit themaximum 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 ofthe settlement of a dispute through arbitration procedures,
together with a requirement to compensate the injured parties
for loss or damage to property, which is proved in that courtof law to have been caused by any negligent or reckless actor omission of the recognised organisation, its employees,agents or others who act on behalf of the recognised organisa-
tion, the administration shall be entitled to financial
compensation from the recognised organisation, to the extentthat the said loss or damage is, as decided by that court,caused by the recognised organisation; the Member Statesmay limit the maximum amount payable by the recognisedorganisation, which must, however, be at least equal to EUR 2
million;
(c) 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 11(1);
(d) the possibility for random and detailed inspections of ships;
(e) provisions for reporting essential information about their classed
fleet, changes, suspensions and withdrawals of class, as referred toin 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 nature1994L0057 — EN — 29.11.2002 — 003.001 — 7
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ensuring legal personality under the law of the Member State and the
competence of its national courts may satisfy suchrequirement.
4. Each Member State shall provide the Commission with precise
information on the working relationship established in accordancewith 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
economic impact of the liability regime provided for in this Article onthe parties concerned and, more particularly, its consequences for thefinancial equilibrium of recognised organisations.
This report shall be drawn up in cooperation with the competent autho-
rities 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 amendingthis Directive with more specific reference to the principle of liability
and the maximum liabilities.
Article 7
1. The Commission shall be assisted by the Committee on Safe Seas
and the Prevention of Pollution from Ships (COSS) created by Article3 of Regulation (EC) No 2099/2002 of the European Parliament and of
the Council of 5 November 2002 establishing a Committee on Safe
Seas and the Prevention of Pollution from Ships (COSS)(
1).
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 withth e 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), whichhave 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 aproposal from the Commission, shall decide, taking into account theMember States parlimentary procedures as well as the relevant proce-
dures within IMO, on the detailed arrangements for ratifying those new
instruments or protocols, while ensuring that they are applied uniformlyand simultaneously in the Member States.
The amendments to the international instruments referred to in Article
2(d) and Article 6 may be excluded from the scope of this Directive,pursuant to Article 5 of Regulation (EC) No 2099/2002.1994L0057 — EN — 29.11.2002 — 003.001 — 8
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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 para-graph 2 shall be withdrawn. The withdrawal of recognition shall bedecided by the Commission in accordance with the procedure referred
to in Article 7(2), after the organisation concerned has been given the
opportunity 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 organi-
sations referred to in Article 11 as well as the safety and pollutionprevention performance records of the organisations, measured for allthe ships they have in class irrespective of the flag the ships fly.
The safety and pollution prevention performance records of the organi-
sations shall be derived from the data produced by the ParisMemorandum of Understanding on Port State Control and/or by similarschemes. Other indications may be derived from an analysis of thecasualties involving ships classed by the recognised organisations.
Reports produced by Member States on the basis of Article 12 shall
also be taken into consideration to assess the safety and pollutionprevention performance 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 toin this 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
be authorised to carry out on its behalf the tasks specified in Article 3
it may suspend such authorisation on the basis of the following proce-dure:
(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 withth e procedure laid down in Article 7(2),
the Commission shall inform the Member State whether or not itsdecision to suspend the authorisation is justified for reasons ofserious danger to safety or the environment and, if it is not justi-fied, 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 withdrawal of its recognition on thebasis of the criteria referred to in Article 9(2), it may decide to inform
the recognised organisation accordingly and request it to take appro-
priate measures to improve its safety and pollution preventionperformance records, and inform the Member States thereof. Shouldthe recognised organisation fail to provide the Commission with anappropriate answer or should the Commission consider that the
measures taken by the recognised organisation have failed to improve
its safety and pollution prevention performance records, the Commis-sion may decide to suspend recognition of the organisation for aperiod of one year in accordance withth e procedure referred to inArticle 7(2) after the organisation concerned has been given the oppor-tunity to submit its observations. During that period, the recognised1994L0057 — EN — 29.11.2002 — 003.001 — 9
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organisation will not be allowed to issue or renew any certificate to
ships flying the flag of the Member States while the certificates issuedor renewed in the past by the organisation remain valid.
3. The procedure referred to in paragraph 2 shall also apply where
the Commission has evidence that a recognised organisation has failedto comply withth e 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 assesswhether the shortcomings referred to in paragraphs 2 and 3 which ledto the suspension have been removed. Where such shortcomings arestill present, recognition shall be withdrawn in accordance with the
procedure referred to in Article 7(2).
Article 11
1. Each Member State must satisfy itself that the recognised organi-
sations acting on its behalf for the purpose of Article 3(2) effectively
carry out the functions referred to in that Article to the satisfaction ofits 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 Commission
with a report of the results of this monitoring at the latest by 31 Marchof each year following the years for which compliance has beenassessed.
3. All the recognised organisations shall be assessed by the
Commission, together with the Member State which submitted the rele-vant request for recognition, on a regular basis and at least every twoyears to verify that they fulfil the criteria of the Annex. In selecting theorganisations for assessment, the Commission shall pay particularattention to the safety and pollution prevention performance records of
the organisation, to the casualty records and to the reports produced by
Member States in accordance withArticle 12. Th e assessment mayinclude a visit to regional branches of the organisation as well asrandom inspection of ships for the purpose of auditing the organisa-tion's performance. In this case the Commission shall, where
appropriate, inform the Member States where the regional branch is
located. The Commission shall provide the Member States with areport of the results of 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 Member
States, and inform the flag State concerned, the discovery of the issueof valid certificates by organisations acting on behalf of a flag State toa ship which does not fulfil the relevant requirements of the interna-tional conventions, or of any failure of a ship carrying a valid class
certificate and relating to items covered by that certificate. Only cases
of ships representing a serious threat to safety and the environment orshowing evidence of particularly negligent behaviour of the organisa-tions shall be reported for the purposes of this Article. The recognisedorganisation concerned shall be advised of the case at the time of theinitial inspection so that it can take appropriate follow-up action imme-
diately.
Article 14
1. Each Member State shall ensure that ships flying its flag shall be
constructed and maintained in accordance with the hull, machinery and1994L0057 — EN — 29.11.2002 — 003.001 — 10
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electrical and control installation requirements of a recognized organi-
zation.
2. A Member State may decide to use rules it considers equivalent
to those of a recognized organization only on the proviso that it imme-
diately notified them to the Commission in conformity with the
procedure of Direcitve 83/189/EEC and to the other Member Statesand they are not objected to by another Member State or the Commis-sion and found through the procedure of ►
M2Article 7(2) ◄not to
be equivalent.
Article 15
1. The recognised organisations shall consult with each other peri-
odically with a view to maintaining equivalence of their technicalstandards and the implementation thereof in line with the provisionsof IMO Resolution A.847(20) on guidelines to assist flag States in the
implementation of IMO instruments. They shall provide the Commis-
sion withperiodic reports on fundamental progress in standards.
2. The recognized organizations shall demonstrate willingness to
cooperate with port State control administrations when a ship of theirclass is concerned, in particular, in order to facilitate the rectificationof reported deficiencies or other discrepancies.
3. The recognised organisations shall provide to all Member States
administrations which have granted any of the authorisations provided
for in Article 3 and to the Commission all relevant information about
their classed fleet, transfers, changes, suspensions and withdrawals ofclass, 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 alsobe communicated to the Sirenac information system for port Statecontrol inspections and shall be published on the website, if any, ofthese recognised organisations.
4. The recognised organisations shall not issue certificates to a ship,
irrespective of its flag, which has been declassed or is changing classfor safety 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 the
ship 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 confirmthe date, location and action taken to satisfy each overdue survey,overdue recommendation and overdue condition of class. The recog-nised organisations shall cooperate with each other in properlyimplementing the provisions of this paragraph.
Article 16
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply withth e Directive nolater than 31 December 1995.1994L0057 — EN — 29.11.2002 — 003.001 — 11
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2. When Member States adopt these provisions, they shall contain a
reference to this Directive or shall be accompanied by such referenceon the occasion of their official publication. 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 Parlia-
ment 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 — 29.11.2002 — 003.001 — 12
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ANNEX
MINIMUM CRITERIA FOR ORGANIZATIONS REFERREDTO IN
ARTICLE3
A. GENERAL MINIMUM CRITERIA
1. The recognised organisation must be able to document extensive experi-
ence 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 develop-
ment 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 organi-
sation must not carry out statutory work if it is identical withor h as
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 exclu-
sive 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 withEN 45004 (inspec-
tion bodies) and withEN 29001, as interpreted by th e IACS QualitySystem 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 — 29.11.2002 — 003.001 — 13
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(c) the requirements of the statutory work for which the organisation is
authorised are satisfied and an internal system to measure the quality
of service in relation to the compliance with the international conven-
tions 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 technical and 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 exclu-
sive surveyors of other recognised organisations; in all cases, the
exclusive surveyors must have an extensive knowledge of the parti-
cular 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 central and the regional offices 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 ship-
board 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 Interna-
tional 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 certifi-
cation.
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 — 29.11.2002 — 003.001 — 14
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