COMMISSION IMPLEMENTING DECISION (EU) 2021/1227

of 27 July 2021

amending the recognition of DNV GL AS in accordance with Article 16 of Regulation (EC) No 391/2009 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on the common rules and standards for ship inspection and survey organisations (1), and in particular Article 4(1) and Article 16 thereof,

Whereas:

(1) Pursuant to Regulation (EC) No 391/2009, the Commission is responsible for granting recognition to ship inspection and survey organisations wishing to be authorised to provide services on behalf of the Member States. Pursuant to Article 8(1) of that Regulation the Commission is also required to regularly assess recognised organisations to ensure that they continue to meet the requirements of that Regulation.

(2) As part of that assessment, the Commission verifies that the holder of the recognition granted is the relevant legal entity within the organisation to which the provisions of Regulation (EC) No 391/2009 apply, within the meaning of and in accordance with Article 2, point (c) and Article 4(3) of that Regulation. Where that is not the case, the Commission should take a decision amending that recognition. Pursuant to Article 2, point (c) of Regulation (EC) No 391/2009, ‘organisation’ means a legal entity, its subsidiaries and any other entities under its control, which jointly or separately carry out tasks falling under the scope of that Regulation.

(3) Commission Implementing Decision C(2013) 8876 established that the holder of the recognition granted to Det Norske Veritas was DNV GL AS. According to that Implementing Decision, DNV GL AS is the parent entity of all legal entities that constitute the recognised organisation for the purpose of Regulation (EC) No 391/2009.

(4) The Commission was informed that as of 1 March 2021, the name of the parent legal entity of DNV GL AS has changed into DNV AS. As a result, the relevant parent legal entity to which recognition should be granted is DNV AS.

(5) The change in the identity of the above-mentioned relevant parent entity does not impact the capability of this organisation to comply with the requirements set forth in Regulation (EC) 391/2009.

(6) The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (2).

HAS ADOPTED THIS DECISION:

Article 1 The recognition granted to DNV GL AS is amended by replacing the name of DNV GL AS with DNV AS, which is the parent entity of all legal entities that constitute the recognised organisation for the purpose of Regulation (EC) No 391/2009.

Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 27 July 2021. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 131, 28.5.2009, p. 11.

(2) 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) and amending the Regulation on maritime safety and prevention of pollution from ships (OJ L 324, 29.11.2002, p.1).