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ill'- V Amended proposal for a 
COUNCIL DIRECTIVE 
on common rules for maritime administrations 
and ship inspection 
and survey organisations 
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pyp^AMATORY MEMQBAMBUM 
During the Plenary Session of 9 March 1994, the European Parliament has 
approved, subject to Parliament's amendments, the Commission's proposal for 
a Council Directive on common rules and standards for ship inspection and 
survey organisations1. 
Such amendments improve the text of the proposal, make it politically more 
widely acceptable and bring an added value to it; in particular they introduce 
provisions to allow also small organisations, provided they meet the criteria of 
the Annex to the Directive, to carry out statutory tasks on behalf of the national 
Administrations, under close scrutiny by the Commission. They also grant the 
approved organisations a transitional period to restructure themselves to be able 
to face the wider competition introduced by the Directive at Community-wide 
level. 
The Commission has accepted all the amendments presented by the European 
Parliament. 
OJ. N° C 167, 18.06.1993, p. 13. 
3 
Amended proposal for a «-> 
COUNCIL DIRECTIVE 
en common rules for maritime administrations 
and ship inspection 
and survey organisations 
-Original text Amended text— 
Title 
Proposal for a Council directive on Proposal for a Council directive on 
common rules and standards for ship common rules for maritime 
inspection and survey organizations administrations and 9hip inspection 
and survey organizations 
-Original text- -Amended text-
Article 1 
The purpose of this Directive is to 
establish measures to be followed by 
the Member States and organizations 
concerned with the inspection, survey 
and certification of ships for 
compliance with the international 
Conventions. This process includes 
the development and implementation of 
safety requirements for hull, 
machinery and electrical and control 
installations of ships falling under 
the scope of the international 
Conventions. The purpose of this Directive is to 
establish measures to be followed by 
the Member States and organizations 
concerned with the inspection, survey 
and certification of ships for 
compliance with the international 
Conventions on safety at sea and 
prevention of marine pollution, while 
furthering the 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 under the scope of the 
international Conventions. 
s 
•Original text Amended ,ex'-
Article 2, first indent a (new) 
'ship flying the flag of a Member 
State1 means a ship flying the 
flag of a Member State and 
registered in accordance with its 
legislation and/or registered in 
Euros once that register is 
approved by the Council. Ships 
not corresponding to this 
definition are assimilated to 
ships flying the flag of a third 
country, 
G 
-Original text- -Amended text-
Article 2, third indent 
'international conventions' means 
the 1974 International Convention 
for the Safety of Life at sea, 
the 1966 International Convention 
on Load Lines and the 1973/78 
International Convention for the 
Prevention of Pollution from 
Ships, together with the 
Protocols and amendments thereto, 
and related codes of mandatory 
status in all Member States, 'international conventions' means 
the 1974 International Convention 
for the Safety of Life at Sea, 
the 1966 International Convention 
on Load Lines and the 1973/78 
International Convention for the 
Prevention of Pollution from 
Ships, together with the 
Protocols and amendments thereto, 
and related codes of mandatory 
status in all Member States, in 
force at the date of adoption of 
this Directive, 
^ 
-Original text Amended text-
Art icle 2, fourth indent 
'organization' means - 'organization' means a 
classification societies and classification society or other 
other private bodies authorized private body carrying out safety 
bv governments to carry out assessment work for an 
safety assessment work on their administration; 
behalf. 
? 
-Original text Amended text-
Article 2, fifth indent a (new) 
'authorization' means an act 
_, 
whereby a Member State grants an 
authorization or delegates powers 
to a recognized organization; 
3 
-Original text Amended text-
Article 2, seventh indent 
'class certificate' means a - 'class certificate' means a 
representation by a document issued by a 
classification society as to the classification society as to the 
structural and mechanical fitness structural and mechanical fitness 
for a particular use or service of a ship for a particular use or 
in accordance with its rules and service in accordance with its 
Standards, rules and regulations, 
1& 
-Original text- -Amended text-
Article 3(2) 
2. Where for the purpose of 
paragraph 1 a Member State decides 
with respect to ships flying its 
flag, 2. Where for the purpose of 
paragraph 1 a Member State decides 
with respect to ships flying its 
flag, 
(i) to delegate fully or in part: 
inspections and surveys 
including those for the 
assessment of compliance with 
Article 13 on the general 
strength of the 
reliability and 
machinery and 
and control structural 
hull, the 
safety of 
electrical 
installations, or 
the issue or renewal of 
certificates; (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 13 on the general 
structural strength of the hull, 
the reliability and safety of 
machinery and electrical and 
control installations and, where 
appropriate, to issue or renew 
the relevant certificates, or 
or 
(ii) to rely upon expertise 
outside its administration to 
carry out inspections and 
surveys related to 
certificates/ 
it shall entrust these duties only to 
recognized organizations. (ii) to rely upon organizations to 
undertake fully or in part the 
inspections and surveys 
referred to in (i) above. 
it shall entrust these duties only to 
recognized organizations. 
The competent administration shall in 
all cases approve the issue of 
exemption certificates. 
However for the Cargo Ship Safety 
Radiotelegraohv Certificate and the 
Cargo Ship Safety Radioteleohony 
Çertif j-çateg, these duties may be 
entrusted to other bodies with 
sufficient expertise in radio-
çonwwii,çflUon-However for the Cargo Ship Safety 
Radio Certificate these duties may be 
entrusted to a private body having 
sufficient expertise and qualified 
personnel to carry out specified 
safety assessment work 
radiocommunication on its behalf J23Q 
1 'î 
-Original text- -Amended text-
Article 4(1 ) 
1. Member States may only recognize 
such organizations which fulfil the 
criteria set out in Annex I_. The 
organisations shall submit to the 
Member States complete information 
concerning, and evidence of, 
compliance with these criteria from 
whom recognition has been requested. 
The Member States will notify the 
organizations in an appropriate 
manner of their recognition. 1. Member States may only recognize 
such organizations which fulfil the 
criteria set out in the Annex. The 
organizations shall submit to the 
Member States from which recognition 
has been requested complete 
information concerning, and evidence 
of, compliance with these criteria. 
The Member States will notify the 
organizations in an appropriate 
manner of their recognition. 
•1 e. 
-Original text Amended text-
Article 4(2a), (2b) and (2c) (new! 
2a. Member States may submit to the 
Commission a request for a 
recognition of three years for 
organizations which meet all the 
criteria of the Annex other than 
those set out under paragraphs 2 and 
3 of the section 'GENERAL' of this 
Annex. 
Such recognition shall be granted in 
accordance with the procedure laid 
down in Article 12. The effects of 
this recognition shall be limited to 
the Member States which have 
submitted a request for such 
recognition. 
2b. All organizations which are 
granted recognition shall be closely 
monitored by the Committee set up 
under Article 7, partly in order to 
facilitate decisions concerning 
extensions of 
organizations referred 
paragraph 2a. A decision on the 
extension of such a recognition shall 
not take into account the criteria 
set out under paragraphs 2 . _ançJ_3__o_f 
the section 'GENERAL' of the Annex. 
The limitation of the effects of the 
recognition provided for in paragraph 
3 f^hall no longer apply. 
2c. The Commission shall draw up and 
update a list of the organizations 
notified by the Member States in 
compl iance with paragraph s 1, 2a $n<$ 
2b, The list shall be published in 
the Official Journal. 
2 
-Original text- -Amended text-
Article 5(1 
1. In applying Article 3, paragraph 
2, Member States shall not refuse to 
delegate to or relv upon any of the 
recognized organizations located in 
the Community. 1. In applying Article 3(2)(i), 
Member States shall in principle not 
refuse to authorize any of the 
recognized organizations located in 
the Community to undertake such 
functions, subject to the provisions 
of Articles 6 and 10. 
However, they may restrict the number 
of organizations they authorize in 
accordance with their needs provided 
there are transparent and objective 
grounds for so doing. At the request 
of a Member State, the Commission 
shall, in accordance with the 
procedure laid down in Article 12, 
adopt appropriate measures. 
A 1^ 
-Original text Amended text-
Article 5(2a) (new) 
2a. By way of derogation. Member States 
may be temporarily exempted by the 
Commission from the implementation of 
the provisions of paragraph 1 until 31 
December 1997. 
1S 
-Original text- -Amended text-
Article 6(1) and (2) 
1. Member States which decide to act 
as described in Article 3(2) shall 
set out a working relationship 
between their responsible 
administration and the organizations 
authorized to act on their behalf. 1. Member States which decide to act 
as described in Article 3(2) shall 
set out a working relationship or 
equivalent legal arrangement between 
their competent administration and 
the organizations acting on their 
behalf. 
2. The working relationship shall be 
regulated by a formalized written and 
non-<3iScrimjnatorY agreement setting 
out the specific duties and functions 
assumed by the organizations and at 
least including provisions for a 
periodical audit by the 
administration into the duties the 
organizations are authorized to 
undertake on its behalf and the 
possibility for random and detailed 
inspections of ships and provisions 
for reporting essential information 
about their classed fleet, changes of 
class or digçlaggjnq of vessels. 2. The working relationship shall be 
regulated by a non-discriminatory 
formalized written agreement or an 
eouivalent legal relationship setting 
out the specific duties and functions 
assumed by the organizations and at 
least including the following: 
the provisions set out in 
appendix II of IMQ resolution A 
739(8) on guidelines for the 
of organizations 
behalf of the authorization 
acting on 
administration as it stands at 
the date of the adoption of this 
directive; 
provisions for a periodical audit 
by the administration into the 
duties the organizations are 
undertaking on its behalf; 
the possibility of random and 
detailed inspections of ships; 
provisions for reporting 
essential information about their 
classed fleet, changes of class 
or declassinq of vessels. 
7é 
_ . . , x . Amended text-
-Onginal text 
Article 6(2a) new 
2a, The working relationship or 
equivalent legal arrangement may set 
the requirement that the recognized 
organization has a local 
representation on the territory of 
the Member State on behalf of which 
it performs the duties referred to in. 
Article 3. A local representation of 
a legal nature ensuring legal 
personality under the law of the 
Member State and the competence of 
its national courts may satisfy such 
requirement. 
H 
-Original text Amended text-
Article 6(3) 
3. Each Member State shall provide 3. Each Member State shall provide 
the Commission with precise the Commission with precise 
information on the working information on the working 
relationship established in relationship or equivalent legal 
accordance with this Article. The arrangement established in accordance 
Commission shall subsequently inform with this Article. The Commission 
the other Member States. shall subsequently inform the other 
Member States. 
1? 
-Original text- -Amended text-
Article 8 
The Commission, in accordance with 
the procedure laid down in Article 
12, mav 
l&l amend Annex I in order to: 
lii tahe into account 
amendments to the 
international conventions 
and new international 
conventions/ protocols and 
codes; This Directive mav be amended in 
accordance with the procedure laid 
down in Article 12, in order to 
apply, for the purposes of this 
Directive, subsequent amendments of 
international Conventions, and new 
International Conventions, Protocols, 
Codes, and the Resolution mentioned 
in Articles 2 and 6. 
(ii) update the criteria of 
Annex, I', 
Ihl withdraw the recognition of 
recognised organizations referred 
to in Article 4 which no longer 
fulfil the criteria set ovt in 
Annex I, 
-13 
-Original text Amended text-
Article 8a (new) 
1 , Each Member State mav be 
recfrired . in accordance with the 
procedure laid down in Article 12. to 
withdraw the recognition of 
recognized organizations referred to 
in Article 4 which no longer fulfil 
the criteria set out in the Annex, 
where applicable. 
2. In preparing draft decisions 
relating to the matters referred to 
in paragraph 1. the Commission shall 
take into account the reports and 
information mentioned in Articles 10 
and 11. In preparing such draft 
measures, the Commission shall oav 
particular attention to the safety 
and pollution prevention performance 
records of the organizations. Draft 
decisions relating to paragraph 1 may 
also be submitted to the Committee by 
the Member States. 
Zo 
-Original text--Amended text-
Article 9(b) 
(b) the Commission shall decide 
whether to withdraw £M 
suspension of authorization or to 
withdraw the recognition of the 
organization, it shall <3o so in 
accordance with Article 12 within 
a period not exceeding three 
months. (b) the Commission 
whether the shall examine 
suspension is 
justified for reasons of serious 
danger to safety or environment. 
-1 
-Original text Amended text-
Article 9(ba) (new] 
(ba) in accordance with the 
procedure laid down in Article 
12. the Commission shall 
inform the Member State 
whether or not its decision to 
suspend the authorization is 
justified on the grounds of 
serious danger to safety or 
the environment and, if it is 
not justified, require the 
Member State to withdraw the 
suspension. 
2 £ 
-Original text- -Amended text-
Article 10(1) 
1. Each Member State must satisfy 
itself that the functions delegated 
to recognized organisations pursuant 
to Article 3 are effectively carried 
out and that the criteria specified 
in Annex I are fulfilled. It may do 
so by directly monitoring the 
recognized organizations or, in the 
case of organizations located in 
another Member State, by reviewing 
the corresponding monitoring of such 
organizations by the administration 
of another Member State. 1 . Each Member State must satisfy 
itself that the recognized 
organizations acting on its behalf 
for the purpose of Article 3(2) 
effectively carry out the functions 
referred to in that Article to the 
satisfaction of its competent 
administration. and that such 
organizations fulfil the criteria 
specified in the Annex. It may do so 
by having the recognized 
organizations directly monitored by 
its competent administration or, in 
the case of organizations located in 
another Member State, by reiving upon 
the corresponding monitoring of such 
organizations by the administration 
of another Member State. 
<^3 
-Original text--Amended text-
Article 10(2) 
2. Each Member State shall carry out 
this task each year and shall provide 
the other Member States, and the 
Commission with a report of the 
results of this monitoring at the 
latest by the first of March of each 
year following the year for which 
compliance has been assessed. 2. Each Member State shall carry out 
this task 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 3J_ March of each year 
following the year for which 
compliance has been assessed. 
e i 
-Original text Amended text-
Article 10(2a) (new) 
2a. Where a Member State chooses for 
the purpose of carrying out this task 
to rely upon the monitoring by 
another Member State. its report 
shall be provided at the latest bv 30 
June of each year following the year 
for which compliance has been 
assessed. 
2r 
-Original text- -Amended text-
Article 11(1)(a) and (b) 
(a) Member States shall ensure that 
ships flying a third State flag 
are not treated more favourably 
than ships entitled to fly the 
flag of a Member State. To this 
end the fact that the ship 
certificates including the class 
certificate have been delivered 
by an organization which is not a 
recognized crganistation shall be 
taken as a primary criterion for 
selecting ships for inspection; (a) Member States shall ensure that 
ships flying a third State flag 
are not treated more favourably 
than ships entitled to fly the 
flag of a Member State. To this 
end the fact that the ship 
certificates including the class 
certificate are known to have 
been delivered by an organization 
which does not fulfil the 
criteria of the Annex shall be 
taken as one of the primary 
criteria for selecting ships for 
inspection; 
(b) Member States shall take 
appropriate measures when ships 
do not meet the internationally 
agreed standards and report to 
the- Commission and the Secre­
tariat of the memorandum of 
understanding on port State 
control the discovery of any 
issue of valid certificates by 
organizations acting on behalf of 
a flag State to a ship which does 
not fulfil the relevant require­
ments of the international 
Conventions, or any failure of a 
ship carrying a valid class 
certificate and relating to items 
covered bv that certificate. b) Member States shall take 
appropriate measures when ships 
do not meet the internationally 
agreed standards and shall report 
to the Commission and the Secre­
tariat of the Memorandum of 
Understanding on Port State 
Control the discovery of any 
issue of valid certificates by 
organizations acting on behalf of 
a flag State to a ship which does 
not fulfil the relevant require­
ments of the international 
Conventions, or any failure of a 
ship carrying a valid class 
certificate and relating to items 
covered thereby. 
Z.C 
-Original text- -Amended text-
Article 12(1 ) 
1. The following procedure shall 
apply for matters covered by Articles 
8 and 9: 1. The following procedure shall 
apply for matters covered by Article 
4(3) and (4). Article 5(1). and 
Articles 8, fia^. 9 and 13(2): 
(a) the representative of the 
Commission shall submit to the 
Committee referred to in Article 
7 a draft of the measures to be 
taken; 
(b) the Committee shall deliver its 
opinion within a time limit which 
the chairman may lay ' down 
according to the urgency of the 
matter, if necessary bv taking a 
vote; (a) the representative of the 
Commission shall submit to the 
Committee referred to in Article 
7 a draft of the measures to be 
taken; 
(b) the Committee shall deliver its 
opinion on the draft within a 
time limit which the chairman may 
lay down according to the urgency 
of the matter. The opinion shall 
be delivered by the majority laid 
down in Article 148(2) of the EC 
Treaty in the case of decisions 
which the Council is reguired to 
adopt on a proposal from the 
Commission. The votes of the 
representatives of the Member 
States within the Committee shell 
be weighted in the manner set out 
in that Article. The chairman 
shall not vote; 
(c) the opinion shall be recorded in 
the minutes: in addition each 
Member State shall have the right 
to have its position recorded in 
the minutes; 
(d) the Commission shall take ths. 
utmost account of the gpinioji 
delivered bv the committee. It 
shall inform the committee-i^Lthe 
manner in which its opinion has 
been taken into account. (c) the Commission shall adopt the 
measures envisaged if they are _jn 
accordance with the opinion of 
the Committee; 
(d) if the measures envisaged are not 
in accordance with the opinion of 
the Committee, or if no opinion 
is delivered, the Commission 
shall, without delay, submit to 
the Council a proposal relating 
to the measure to be taken. The 
Council shall act by a qualified 
majority. If, within three months 
from the date of referral to it, 
the Council has not acted, the 
proposed measures shall be 
adopted by the Commission. 
} 
. Amended text 
—Ongmai text 
Article 13Ua) (new) 
1a. A Member State mav decide to use 
rules it considers equivalent to 
those of a recognized organization 
subject only to the proviso that it 
immediately notifies them to the 
Commission, in conformity with the 
procedure of Council Directive 
83/189/EEC of 28 March 1983 laving 
down a procedure for the provision of 
information in the field of technical 
standards and regulations( ) as 
amended, and to the other Member 
States and they are not objected to 
bv another Member State or the 
Commission and found through the 
procedure of Article 12 not to be 
eouivalent. 
f1) OJ L 109, 26.4.1983. p. 8. 
w 
—,.—Amended text--Original text 
Article 13 (2a) (new) 
2a. The recognized organizations 
shall demonstrate willingness to 
cooperate with State port control 
administrations when a ship of their 
class is concerned and in particular 
in order to facilitate the 
rectification of reported 
deficiencies or other discrepancies. 
i-3 
-Original: text- --—Amended text 
Article 13(2b) (new) 
2b. The recognized organizations 
shall provide all relevant 
information to the administration 
about changes of class or declassing 
oi vessels, 
x~ ^ 
-Original text Amended text-
Article 13(2c) (new) 
2c. The recognized organizations 
shall not issue certificates to a 
ship changing class or declassed for 
safety reasons before a full 
inspection has been carried out by 
the flag State. 
"3>^J 
-Original text Amended text-
Article 14(1), first subparagraph 
1. Member States shall bring into 1. Member States shall bring into 
force the laws, regulations and force the laws, regulations and 
administrative provisions necessary administrative provisions necessary 
to comply with this Directive on 1 to comply with this Directive within 
November 1994. They shall forthwith one year. They shall forthwith inform 
inform the Commission thereof. the Commission thereof. 
3e 
. , Amended text-
-Onginal text 
Annex, General, point 5a (new) 
5a, The organization should not be 
controlled bv shipowners or ship­
builders, or by others engaged 
commercially in the manufacture, 
eguipping, repair or operation of 
ships. The organization should not be 
substantially dependent on a single 
commercial enterprise for its 
revenue. 
3'3 
-Original text Amended text-
Annex, General, point 5b (new) 
5b. The certifying agency must be 
impartial and be so structured as to 
encourage the selection of the 
members of its steering body from 
among the groups interested in the 
certification system, without 
particularist interests becoming 
dominant. It is assumed that this 
criterion is satisfied where the 
structure ensures impartiality and 
enables all parties to participate in 
respect of the substance and 
operation of a certification system. 
y 
. Amended text-
-Origmal text-
Annex, Specific, point 1(a) 
(a) a significant technical, (a) a significant technical, 
managerial support and research managerial, support and research 
staff; - staff commensurate to the tasks 
and to the vessels classed, 
catering also for capability -
developing and upholding rules 
and regulations: 
3X 
Amended text-
-Original text 
Annex, Specific, point 1(b) 
(b) world-wide coverage by exclusive (b) world-wide coverage by exclusive 
field staff. technical staff. 
3^ 
Amended text-
-Original text-
Annex, Specific, point 6 (fa) (new) 
( fa) the reouirements of major 
statutory work for which the 
organization is authorized are 
only carried out or directly 
supervised by exclusive 
surveyors. 
'M 
VI 
-Original text--Amended text-
Annex, Specific, point 7(b] 
(b) to carry out all inspections and 
surveys required by the inter­
national Conventions *~~ *-u~ 
issue of Certificates. for the (b) to carry out all inspections and 
surveys required by the 
international Conventions for the 
issue of Certificates, including 
the means of assessing, through 
the use of qualified professional 
staff, the application and 
maintenance of the safety 
management system, both shore-
based and on board ships, 
in the intended to be covered 
certification. 
3? 
ISSN 0254-1475 
COM(94) 111 final 
DOCUMENTS 
EN 06 07 
Catalogue number : CB-CO-94-115-EN-C 
ISBN 92-77-66962-4 
Office for Official Publications of the European Communities 
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