Amended proposal for a COUNCIL DIRECTIVE on common rules for maritime administrations and ship inspection and survey organisations
Date: 1994-04-06
Institutions: European Commission
Subjects: international standard, prevention of pollution, roadworthiness tests, supervisory body, transport safety, vessel

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(94)  111  f i n al 

-  SYN  518 

Brussels,  06.04.1994 

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Amended  proposal for a 
COUNCIL DIRECTIVE 
on common  rules for  maritime  administrations 
and ship inspection 
and survey  organisations 

( p r e s e n t ed  by  the  Commission  pursuant 

to  A r t i c le  189  a  ( 2) 

of 

the  EC-Treaty) 

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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. 

Amended  proposal  for  a 
COUNCIL DIRECTIVE 
en  common  rules for  maritime  administrations 
and  ship  inspection 
and survey  organisations 

3 
«-> 

-Original text 

Amended text— 

Title 

Proposal  for a Council directive on 
common rules and standards for ship 
inspection and survey organizations 

Proposal  for a Council directive on 
common 
maritime 
administrations  and  9hip  inspection 
and survey organizations 

rules 

for 

-Original  text-

-Amended  text-

A r t i c le  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 
hull, 
machinery  and  electrical and control 
installations  of  ships falling under 
the  scope  of  the  international 
Conventions. 

requirements 

for 

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 
and 
implementation of safety requirements 
for  hull,  machinery  and  electrical 
and  control  installations  of  ships 
falling  under  the  scope  of  the 
international Conventions. 

development 

the 

s 

•Original text 

A m e n d ed  , e x'-

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 
to  this 
definition  are  assimilated  to 
ships flying the flag of a third 
country, 

corresponding 

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, 
the 
Protocols and amendments thereto, 
and  related  codes  of  mandatory 
status in all Member States, 

together 

with 

'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, 
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, 

together 

with 

^ 

-Original text 

Amended text-

Art i c le  2,  f o u r th 

i n d e nt 

m e a ns 

s o c i e t i es 

' o r g a n i z a t i o n' 
and 
c l a s s i f i c a t i on 
o t h er  p r i v a te  bodies  a u t h o r i z ed 
out 
bv 
c a r ry 
s a f e ty  assessment  work  on 
t h e ir 
b e h a l f. 

governments 

to 

- 

' o r g a n i z a t i o n' 
a 
m e a ns 
s o c i e ty  or  o t h er 
c l a s s i f i c a t i on 
p r i v a te  body  c a r r y i ng  out  s a f e ty 
a s s e s s m e nt 
an 
a d m i n i s t r a t i o n; 

work 

f or 

? 

-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 

by 

'class  certificate'  means  a 
r e p r e s e n t a t i on 
a 
classification society as to the 
structural and mechanical fitness 
for a particular use or service 
in accordance with its rules and 
Standards, 

-  'class  certificate'  means  a 

by 

document 

issued 
classification society as to the 
structural and mechanical fitness 
of a ship for a particular use or 
service  in  accordance  with  its 
rules and regulations, 

a 

1& 

-Original  text-

-Amended  text-

A r t i c le  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: 

and 

inspections 
surveys 
those  for  the 
including 
assessment of compliance with 
Article  13  on  the  general 
strength  of  the 
structural 
reliability  and 
hull,  the 
machinery  and 
safety  of 
control 
and 
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 
expertise 
upon 
outside its administration to 
carry  out  inspections  and 
to 
s u r v e ys 
certificates/ 

r e l a t ed 

(ii)  to rely  upon  organizations to 
undertake fully or in part the 
inspections 
surveys 
referred to in (i) above. 

and 

it shall entrust these duties only to 
recognized organizations. 

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 
çonwwii,çflUon-

in  radio-

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 
s a f e ty 
a s s e s s m e nt 
radiocommunication  on  i ts  behalf 

work 

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 
of, 
concerning, 
compliance  with  these  criteria  from 
whom  recognition  has been  requested. 
The  Member  States  will  notify  the 
organizations  in  an  appropriate 
manner of their recognition. 

evidence 

and 

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 
complete 
has 
information  concerning,  and  evidence 
of,  compliance  with  these  criteria. 
The  Member  States  will  notify  the 
in  an  appropriate 
organizations 
manner of their recognition. 

requested 

been 

•1 e. 

-Original text 

Amended text-

A r t i c le  4 ( 2 a ), 

(2b)  and  (2c) 

(new! 

a 

for 

request 

2a. Member  States  may  submit  to  the 
Commission 
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 
have 
the 
States 
submitted 
such 
recognition. 

which 
for 

request 

Member 

a 

2b. All  organizations  which  are 
granted  recognition  shall be closely 
monitored  by  the  Committee  set  up 
under  Article  7,  partly  in order  to 
facilitate 
concerning 
decisions 
extensions  of 
organizations 
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. 

referred 

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-

A r t i c le  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-

A r t i c le  6(1)  and  (2) 

1.  Member States which decide to act 
as  described  in  Article  3(2)  shall 
set  out  a  working  relationship 
b e t w e en 
r e s p o n s i b le 
administration  and  the  organizations 
authorized  to act on their behalf. 

t h e ir 

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 
p e r i o d i c al 
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. 

a u d it 

by 

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  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 
authorization 
the 
behalf 
acting 
administration  as  it  stands  at 
the date of  the adoption of  this 
directive; 

of 

on 

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 
reporting 
for 
essential information about their 
classed  fleet,  changes  of  class 
or declassinq of vessels. 

7é 

_  .  . 
. 
-Onginal text 

, x 

Amended  text-

A r t i c le  6(2a)  new 

a 

has 

2a,  The  working  relationship  or 
equivalent  legal  arrangement may  set 
the  requirement  that  the  recognized 
organization 
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 
personality  under  the  law  of  the 
Member  State  and  the  competence  of 
its national  courts may  satisfy  such 
requirement. 

legal  nature  ensuring 

H 

-Original text 

Amended text-

Article 6(3) 

Commission 
on 

3.  Each Member  State shall provide 
precise 
the 
working 
information 
relationship 
in 
accordance  with  this  Article.  The 
Commission  shall subsequently inform 
the other Member States. 

with 
the 
established 

with 
the 

Commission 
on 

3.  Each Member  State  shall provide 
precise 
the 
information 
working 
relationship  or  equivalent  legal 
arrangement established in accordance 
with  this  Article.  The  Commission 
shall  subsequently  inform  the other 
Member States. 

1? 

-Original text-

-Amended text-

A r t i c le  8 

The  Commission,  in  accordance  with 
the  procedure  laid  down  in Article 
12, mav 

l&l  amend Annex I in order to: 

lii  tahe 

to 

into 

account 
amendments 
the 
international  conventions 
international 
and 
conventions/ protocols and 
codes; 

new 

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-

A r t i c le  8a  (new) 

mav 

State 

Member 

1 ,  Each 
be 
recfrired  .  in  accordance  with  the 
procedure laid down in Article 12. to 
of 
withdraw 
recognized  organizations  referred  to 
in Article  4 which  no  longer  fulfil 
the  criteria  set  out  in  the  Annex, 
where applicable. 

recognition 

the 

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-

A r t i c le  9(b) 

to 

withdraw 

(b) the  Commission  shall  decide 
whether 
£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 

shall  examine 
whether 
is 
justified for reasons of serious 
danger to safety or environment. 

suspension 

the 

-1 

-Original  text 

Amended  text-

Article 9(ba) (new] 

(ba)  in 

with 

accordance 

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. 

of 

the 

that 

1 .  Each  Member  State  must  satisfy 
itself 
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 
its  competent 
that  such 
administration. 
organizations  fulfil  the  criteria 
specified in the Annex. It may do so 
by 
recognized 
the 
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. 

having 

and 

<^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 
which 
for 
compliance has been assessed. 

year 

the 

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 
fulfil  the 
not 
criteria  of  the  Annex  shall  be 
taken  as  one  of  the  primary 
criteria  for selecting  ships for 
inspection; 

does 

(b)  Member 

shall 

States 

on  port 

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 
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 
international 
the 
ments 
Conventions,  or any failure  of a 
ship  carrying  a  valid 
class 
certificate and relating to items 
covered  bv that  certificate. 

of 

b)  Member 

Port 

shall 

States 

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 
State 
on 
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 
international 
ments 
Conventions,  or any failure  of a 
ship  carrying  a  valid 
class 
certificate and relating  to items 
covered  thereby. 

the 

of 

Z.C 

-Original  text-

-Amended text-

A r t i c le  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; 

(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; 

(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. 

(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  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 
shall  be 
proposed 
adopted by the Commission. 

measures 

} 

. 

—Ongmai text 

Amended 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 

-Original text 

—,.—Amended text-

A r t i c le  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 
the 
to 
order 
rectification 
reported 
deficiencies or other discrepancies. 

facilitate 
of 

i-3 

-Original: text- 

--—Amended  text 

Article 13(2b) (new) 

provide 

2b. The  recognized  organizations 
shall 
relevant 
information  to  the  administration 
about changes of class or declassing 
oi vessels, 

all 

x~ ^ 

-Original  text 

Amended text-

A r t i c le  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 
force  the  laws,  regulations  and 
administrative  provisions  necessary 
to  comply  with  this  Directive  on  1 
November  1994.  They  shall  forthwith 
inform  the Commission thereof. 

1.  Member  States  shall  bring  into 
force  the  laws,  regulations  and 
administrative  provisions  necessary 
to comply  with  this Directive  within 
one year. They shall forthwith inform 
the Commission thereof. 

3e 

, 

. 
-Onginal text 

Amended 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 
its 
enterprise 
revenue. 

for 

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 
without 
certification 
particularist 
becoming 
dominant.  It  is  assumed  that  this 
criterion  is  satisfied  where  the 
structure  ensures  impartiality  and 
enables all parties to participate in 
respect 
and 
operation of a certification system. 

system, 
interests 

substance 

the 

of 

y 

. 

-Origmal text-

Amended text-

Annex, Specific, point 1(a) 

(a) a 

significant 

technical, 
managerial  support  and  research 
staff; 

- 

(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: 

3X 

-Original text 

Amended text-

Annex, Specific, point 1(b) 

(b) world-wide  coverage by exclusive 

(b) world-wide  coverage by exclusive 

field staff. 

technical staff. 

3^ 

-Original text-

Amended 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 
exclusive 
by 
surveyors. 

'M 

VI 

-Original text-

-Amended text-

Annex, Specific, point 7(b] 

(b) to carry  out  all  inspections and 

surveys  required  by  the  inter 
*~~  *-u~ 
national  Conventions 
for  the 
issue of Certificates. 

by 

(b) to carry  out all  inspections and 
surveys 
the 
required 
international Conventions for the 
issue of  Certificates,  including 
the  means  of  assessing,  through 
the use of qualified professional 
and 
application 
staff, 
safety 
the 
of 
maintenance 
management  system,  both  shore-
based  and  on  board  ships, 
in  the 
intended  to  be  covered 
certification. 

the 

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 

L-2985 Luxembourg