Proposal for a Directive of the European Parliament and of the Council amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations
Date: 2000-03-21
Institutions: European Commission
Subjects: international standard, prevention of pollution, roadworthiness tests, supervisory body, transport safety, vessel

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Official Journal of the European Communities

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Proposal for a Directive of the European Parliament and of the Council amending Council
Directive 94/57/EC on common rules and standards for ship inspection and survey organisations
and for the relevant activities of maritime administrations

(2000/C 212 E/07)

(Text with EEA relevance)

COM(2000) 142 final (cid:151) 2000/0066(COD)

(Submitted by the Commission on 22 March 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Safety and pollution prevention at sea may be enhanced
by a proper and compulsory implementation by Flag
States of
the existing relevant conventions in force at
international level.

(2) Council Directive 94/57/EC of 22 November 1994 on
common rules and standards for ship inspection and
survey organisations and for the relevant activities of
maritime administrations (1), as amended by Commission
system of
Directive
Community-wide recognition of
technical organisations
that,
in compliance with the international conventions,
may be authorised to a various extent to inspect ships
and issue the relevant safety certificates on behalf of the
Member States.

97/58/EC (2),

established

a

(3) The practical

implementation of

that Directive showed
that some adjustments to the Community-wide recog-
nition of
technical organisations might have highly
contributed towards the strengthening of such a system
while simplifying the monitoring and reporting obli-
gations imposed on Member States.

(4) Since the adoption of Directive 94/57/EC some devel-
legislation at
that

opments have occurred in the relevant
requesting
Community
further adjustments to Directive 94/57/EC be made.

and international

level

(1) OJ L 319, 12.12.1994, p. 20.
(2) OJ L 274, 07.10.1997, p. 8.

(5) In particular, for the purposes of Directive 94/57/EC, it is
appropriate to apply the amendments to the international
conventions together with the protocols and related codes
of mandatory status,
referred to in Article 2(d) of
Directive 94/57/EC, which entered into force after the
adoption of the Directive as well as the relevant Inter-
national Maritime Organisation (IMO) Resolutions.

(6) With a view to promoting an effective implementation of
the obligations of the flag States laid down in the inter-
adopted
national
Resolution A.847 (20) on Guidelines to assist Flag States
in the implementation of IMO instruments at its twentieth
session.

IMO Assembly

conventions,

the

(7) IMO adopted the International Safety Management (ISM)
Code through Assembly Resolution A.741 (18) of 4
November 1993 which was made mandatory through
the new Chapter IX of the International Convention for
the Safety of Life at Sea (SOLAS) Convention.

(8) With a view to ensuring a uniform implementation of the
ISM Code, guidelines on the implementation of the ISM
Code by administrations were adopted on 23 November
1995 by IMO through Resolution A.788 (19).

(9) With a view to harmonising the statutory surveys and
inspections to be carried out by the flag administrations
pursuant to the international conventions, IMO adopted
Resolution A.746 (18) of 4 November 1993 on Survey
Guidelines under the Harmonised System of Survey and
Certification.

(10) A good record of

safety and pollution prevention
performance (cid:151) measured in respect of all ships classed
irrespective of the flag they fly (cid:151)
by an organisation,
the initial recognition
shall become essential
and to maintain such a recognition.

to grant

(11) In order to grant the initial recognition to the technical
organisations wishing to be authorised to work on behalf
of the Member States, compliance with the provisions of
Directive 94/57/EC can be assessed more effectively in a
harmonised and centralised manner by the European
Commission.

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(12) Similarly,

the continuous ex post monitoring of

the
recognised organisations to assess their compliance with
the provisions of Directive 94/57/EC can be carried out
more effectively in a harmonised and centralised manner.
Therefore it is appropriate that the Commission, together
with the Member State proposing the recognition, be
entrusted with this
the whole
Community.

task on behalf of

(13) In addition to the authority of Member States to suspend
the recognition of an organisation working on its behalf, a
similar authority should apply at Community level, the
the
Commission being
Committee procedure, to suspend the recognition of an
organisation for a limited period of time in the case where
the safety and pollution prevention performance of the
organisation is worsening and it fails to take the appro-
priate corrective measures as requested.

allowed, on the basis of

information among themselves concerning the conditions
of ships changing class.

(20) The qualitative criteria to be met by the technical organi-
sations in order to be recognised at Community level and
to maintain such a recognition shall include provisions to
ensure that only exclusive surveyors can carry out the
statutory tasks for which the organisation is authorised.
its
The organisation must have a tight control on all
personnel and offices, including the regional ones and it
must establish its own safety and pollution prevention
performance targets and indicators. The organisation
must put in place a system to measure the quality of its
amended
services. Directive
accordingly,

94/57/EC should

be

HAVE ADOPTED THIS DIRECTIVE:

(14) The decision on the withdrawal of the recognition of an
organisation that fails to fulfil the provisions set out in the
Directive, or whose safety and pollution prevention
performance becomes unsatisfactory, has to be taken at
Community level, and therefore by the Commission, on
the basis of the Committee procedure.

Article 1

Council Directive 94/57/EC is hereby amended as follows:

1. Article 2 shall be amended as follows:

(15) Since Directive 94/57/EC ensures freedom to provide
services in the Union, the Community should negotiate
with those third Countries where some of the recognised
organisations are located an equal
the
for
recognised organisations located in the Community.

treatment

(16) The limitation of the financial liability of the organisations
working on behalf of the Member States represented a
the proper
major
implementation of
to
Directive 94/57/EC.
Its harmonisation at Community
level will contribute to solve this problem.

obstacle

(17) Provisions

of Directive

94/57/EC concerning

the
Committee procedure should be amended and adapted
to take account of Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1).

(18) Since transparency and exchange of information between
to prevent
interested parties
accidents
shall
sea,
provide all relevant information concerning the conditions
of the ships in their class to the Port State Control auth-
orities.

is a fundamental
the

recognised organisations

tool

at

(19) In an attempt to prevent ships from changing class in
the
relevant

to avoid carrying out necessary repairs,
shall

order
recognised organisations

exchange

all

(1) OJ L 184, 17.7.1999, p. 23.

(a) in point (b), the words (cid:145)including ships registered in
Euros once that register is approved by the Council(cid:146)
shall be deleted;

(b) in point (d), the words (cid:145)in force at the date of adoption
of this Directive(cid:146) shall be replaced by (cid:145)in force on 1st
July 2000(cid:146).

2. Article 3, paragraph 1 shall be amended as follows:

The following sentence shall be added at the end of the
paragraph: (cid:145)Member States shall act in accordance with the
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(cid:146).

3. Article 4 shall be replaced by the following:

the Commission
and evidence of,

(cid:145)1. Member States may submit to the Commission a
request
for a recognition for organisations which fulfil
the criteria set out in the Annex and the provisions of
Article 14, paragraphs 2, 4 and 5. Member States shall
complete
submit
information
to
compliance with such
concerning,
requirements. The Commission shall
an
inspection of the organisations for which the request of
recognition was received in order to verify that the organi-
sations meet the abovementioned requirements. A decision
on the recognition shall take into account the safety and
pollution prevention performance records of the organi-
sation, referred to in Article 9. The recognition shall be
granted by the Commission in accordance with the
procedure referred to in Article 7.

carry out

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to the Commission a
2. Member States may submit
request for a limited recognition of three years for organi-
sations which meet all the criteria of the Annex other than
those set out under paragraph 2 and 3 of the section
(cid:147)General(cid:148) of the Annex. The same procedure referred to
in paragraph 1 will apply with the exception that
the
the Annex for which compliance has to be
criteria of
assessed during the
inspection carried out by the
Commission are all the criteria other than those set out
under paragraphs 2 and 3 of the section (cid:147)General(cid:148). The
effects of this recognition shall be limited to the Member
States which have submitted a request for such recognition.

treatment for those recognised organisations which are
located in the Community(cid:146).

5. Article 6 shall be amended as follows:

(a) Paragraph 2 shall be replaced by the following:

3.
All the organisations which are granted recognition
shall be closely monitored by the committee set up under
Article 7, also in view of deciding about extension of the
limited recognition of organisations
referred to in
paragraph 2. A decision on the extension of such recog-
nition shall not take into account the criteria set out under
paragraphs 2 and 3 of the section (cid:147)General(cid:148) of the Annex
while it shall take into account the safety and pollution
the organisation,
prevention performance
referred to in Article 9. The decision on the extension of
the
specify under which
conditions
such extension is granted, particularly in
respect of the limitation of the effects of the recognition
provided for in paragraph 2.

recognition shall

records of

limited

4.
The Commission shall draw up and update a list of
compliance with
the
organisations
paragraphs 1, 2 and 3. The list shall be published in the
Official Journal of the European Communities.

recognised

in

5.
The organisations which, at the date of the entry into
force of this Directive, are already recognised on the basis
of Council Directive 94/57/EC continue to be recognised.
Their compliance with the new provisions laid down in
this Directive shall be assessed during the first inspections
referred to in Article 11.(cid:146)

4. Article 5 shall be amended as follows:

(a) In paragraph 1, the reference to (cid:145)Article 3(2)(i)(cid:146) shall be
replaced by (cid:145)Article 3(2)(cid:146) and the words (cid:145)located in the
Community(cid:146) shall be deleted.

(b) Paragraph 2 shall be deleted.

(c) Paragraph 3 shall become paragraph 2,

the words
(cid:145)reciprocal recognition(cid:146) shall be replaced by (cid:145)reciprocal
treatment(cid:146) and the following sentence shall be added at
the end of the paragraph:
(cid:145)In addition, the European
Community may request that the third State where a
recognised organisation is located grant a reciprocal

(cid:145)2.
The working relationship shall be regulated by a
formalised written and non-discriminatory agreement
or
the
specific duties and functions assumed by the organi-
sations and including at least:

legal arrangements

setting out

equivalent

(cid:151) the provisions set out

in Appendix II of

IMO
Resolution A.739 (18) on guidelines for the author-
isation of organisations acting on behalf of
the
the Annex,
specified
administration,
Appendixes and Attachment to IMO MSC/Circular
710 and MEPC/Circular 307 on model agreement
for the authorisation of recognised organisations
acting on behalf of the administration,

as

in

(cid:151) the following provisions concerning the limitation

of the financial liability:

(i) if liability arising out of any incident is finally
and definitely imposed by a court of law on the
Administration for 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
the
act or omission or gross negligence of
its bodies, employees,
recognised organisation,
agents or others who act on behalf of
the
recognised organisation,
the Administration
shall be entitled to indemnification from the
recognised organisation to the extent 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 by a court of law on
injury or
the Administration for personal
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, agents or others
who act on behalf of the recognised organi-
sation, the Administration shall be entitled to
indemnification from the recognised organi-
sation, to the extent said personal
injury or
death is, as decided by that court, caused by
the recognised organisation, up to but not
exceeding an amount of EUR 5 million;

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(iii) if liability arising out of any incident is finally
and definitely imposed by a court of law on
the Administration for
loss or damage to
property, 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, agents or others
who act on behalf of the recognised organi-
sation, the Administration shall be entitled to
indemnification from the recognised organi-
sation, to the extent said loss or damage is,
as decided by that court, caused by the
recognised
not
exceeding an amount of 2,5 EUR million;

organisation,

but

up

to

(iv) neither party shall be liable to the other for any
special,
losses or
indirect or consequential
damages
resulting from or arising out of
services performed under
agreement,
including without
limitation loss of profit,
loss of production,
loss of
loss of contract,
use,
business
any other
losses
special,
suffered or incurred by any party howsoever
caused;

interruption or

consequential

indirect

the

or

or

performance

(v) without prejudice to what is stated above, for
any claim arising out of the recognised organi-
sation’s
non-performance
under this Agreement, the recognised organi-
sation, its officers, employees, agents or others
who act on behalf of the recognised organi-
sation, shall be entitled to the same defences
limited to any immunity
(including but not
liability) as would be
from or limitation of
Administration’s
available
own
personnel
they had themselves performed
the work;

to
if

the

or

(cid:151) provisions for a periodical audit by the adminis-
tration
body
appointed by the administration into the duties
the organisations are undertaking on its behalf, as
referred to in Article 11, paragraph 1,

impartial

external

by

an

(cid:151) the possibility for random and detailed inspections

of ships,

(cid:151) provisions for reporting essential information about
their classed fleet, changes suspensions and with-
drawals of class,
the flag the
vessels fly, as referred to in Article 14, paragraph 3(cid:146).

irrespective of

(b) Paragraph 4 is replaced by the following:

(cid:145)4.
Each Member State shall provide the Commission
and the other Member States with precise information

on the working relationship established in accordance
with this Article.(cid:146)

6. Article 7 shall be replaced by the following:

(cid:145)The Commission shall be assisted by a committee
composed of representatives of
the Member States and
chaired by the representative of the Commission.

Where reference is made to this Article, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7(3) and Article 8
thereof.

The period provided for
1999/468/EC shall be three months.

in Article 5(6) of Decision

This committee shall be called by the Commission at least
once a year and whenever
required in the case of
suspension of authorisation of an organisation by a
Member State or in the case of suspension of recognition
by the Commission under the provisions of Article 10. The
Committee shall draw up its rules of procedure.(cid:146)

7. Article 8, paragraph 1, first indent, shall be replaced by the

following:

(cid:145)(cid:151) apply, for the purposes of this Directive, subsequent
conventions,
the
amendments
protocols,
related thereto
and resolutions
mentioned in Articles 2(d) and 6(2), which have
entered into force,(cid:146)

international

to
codes

8. Article 9 shall be replaced by the following:

The recognition of organisations

(cid:145)1.
referred to in
Article 4 which no longer fulfil the criteria set out in
the Annex or which fail to meet the safety and pollution
prevention performance records mentioned in paragraph 2
shall be withdrawn. The withdrawal of
the recognition
shall be decided by the Commission in accordance with
the procedure referred to in Article 7, after the organi-
sation concerned has been given the opportunity to
submit its observations.

2.
In preparing drafts for a decision relating to the
matters referred to in paragraph 1, the Commission shall
take into account the outcome of the inspections of the
recognised organisations referred to in Article 11 as well as
the safety and pollution prevention performance records of
the organisations, measured for all the ships they have in
class irrespective of the flag the ships fly.

the

safety

Indication of
and pollution prevention
performance records of the organisations shall be derived
from the statistics produced by the Paris Memorandum of
Understanding on Port State Control and/or by similar
schemes. Other
indications may be derived from an
analysis of the casualties involving ships classed by the
recognised organisations.

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Reports produced by Member States on the basis of Article
12 shall also be taken into consideration to assess the
safety and pollution prevention 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 to in this paragraph, when the
performance of an organisation acting on behalf of a flag
State can be considered an unacceptable threat to safety
and environment. Draft decisions relating to the matters
referred to in paragraph 1 shall be submitted to the
committee by the Commission upon its own initiative or
at the request of a Member State.(cid:146)

9. Article 10 shall be amended as follows:

(a) The first two sentences shall become paragraph 1 and

shall be replaced by the following:

Notwithstanding the criteria specified in the
(cid:145)1.
Annex, where a Member State considers
that a
recognised organisation can no longer be authorised
to carry out on its behalf
specified in
Article 3 it may suspend such authorisation on the
basis of the following procedure:(cid:146).

the tasks

(b) The following paragraphs shall be added:

it

and

request

to take

(cid:145)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 the basis
of the criteria referred to in Article 9, paragraph 2, it
may decide to inform the recognised organisation
accordingly
appropriate
measures to improve its safety and pollution prevention
performance records. Should the recognised organi-
sation fail to provide the Commission with an appro-
priate answer or should the Commission consider that
the measures taken by the recognised organisation
failed to improve its safety and pollution prevention
performance records, the Commission may decide to
suspend the recognition of
the organisation for a
period of one year in accordance with the procedure
referred to in Article 7 after the organisation concerned
has been given the opportunity to submit its obser-
vations. During that period,
the recognised organi-
sation will not be allowed to issue or renew any
certificate to ships flying the flag of
the Member
States while the certificates issued or renewed in the
past by the organisation will remain valid.

3.
The procedure referred to in paragraph 2 shall
apply also in the case where the Commission has
evidence that a recognised organisation failed to fulfil
the provisions of Article 14, paragraphs 3, 4, or 5.

One year after the adoption of the decision of the
4.
Commission to suspend the recognition of an organi-
sation, the Commission shall assess whether the short-
comings referred to in paragraph 2 and 3 which lead to
the suspension have been removed. In the case where
the recognition
such shortcomings are still present,

shall be withdrawn in accordance with the procedure
referred to in Article 7.(cid:146)

10. Article 11 shall be amended as follows:

(a) In paragraph 1, the following text shall be deleted: (cid:145)and
that such organisations fulfil the criteria specified in the
Annex. It may do so by having the recognised organi-
sations directly monitored by its competent adminis-
tration or,
in the case of organisations located in
another Member State, by relying upon the corre-
sponding monitoring of such organisations by the
administration of another Member State.(cid:146)

(b) In paragraph 2, the words (cid:145)Each Member State shall
carry out
shall be
replaced by (cid:145)Each Member State shall carry out this
task at least on a biennial basis(cid:146).

task on a biennial basis(cid:146)

this

(c) Paragraphs 3 and 4 shall be deleted.

(d) A new paragraph 3 shall be inserted as follows:

All

the

shall

recognised

organisations

be
(cid:145)3.
inspected by the Commission,
together with the
Member State which submitted the relevant request
for recognition, on a regular basis and at least every
three years to verify that they fulfil the criteria of the
Annex. In selecting the organisations for inspection, the
Commission shall pay particular attention to the safety
and pollution prevention performance records of the
organisation,
to the casualty records and to the
reports produced by Member States as per Article 12.
The inspection may include a visit to regional branches
of
the organisation as well as random and detailed
inspection of ships. The Commission shall provide
the Member States with a report of the results of the
inspection.(cid:146)

11. Article 12 shall be replaced by the following:

(cid:145)In exercising their inspection rights and obligations as port
states Member States shall report to the Commission and
to other Member States the discovery of issue of valid
certificates by organisations acting on behalf of a flag
the relevant
State to a ship which does not
requirements of
the international conventions, or any
failure of a ship carrying a valid class certificate and
relating to items covered by that certificate. Only cases
to safety and
ships
of
environment
negligent
behaviour of the organisations shall be reported for the
purposes of this Article.(cid:146)

representing a serious

threat
particularly

proving

fulfil

or

a

12. Article 13 shall be deleted.

13. Articles 14, 15, 16 and 17 shall become Articles 13, 14, 15

and 16 respectively.

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14. Article 14, paragraphs 3 and 4, shall be replaced by the

following:

(b) The words (cid:145)would be(cid:146) shall be replaced by the word
(cid:145)are(cid:146) in the second sentence of paragraph 3 of Section
(cid:145)A. GENERAL(cid:146).

The

shall provide

recognised organisations

all
(cid:145)3.
relevant
information to the administration and to the
Commission about their classed fleet, changes, suspensions
and withdrawals of class, irrespective of the flag the vessels
fly. Information on changes, suspensions, and withdrawals
including information on all overdue surveys,
of class,
overdue recommendations, conditions of class, operating
conditions or operating restrictions issued against
their
classed vessels (cid:151) irrespective of the flag the vessels fly
(cid:151) shall also be communicated to the Sirenac information
system for Port State Control inspections.

The

recognised

organisations

4.
issue
certificates to a ship, irrespective of its flag, declassed or
changing class for safety reasons before informing the
competent administration of the flag State to determine
whether a full inspection is necessary.(cid:146)

shall

not

The following paragraph 5 shall be added:

issued against

In cases of transfer of class from one recognised
(cid:145)5.
organisation to another,
the losing organisation shall
inform the gaining organisation of all overdue surveys,
overdue recommendations, conditions of class, operating
the
conditions or operating restrictions
vessel. On transfer, the losing organisation shall provide
the gaining organisation with the complete history file of
the vessel. The certificates of the ship can be issued by the
gaining organisation only after all overdue surveys have
been satisfactorily completed and all overdue recommen-
dations or conditions of class previously issued against the
vessel have been 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 issuing of the certificates and confirm the date,
location and action taken to satisfy each overdue survey,
overdue recommendation and overdue condition of class.
The recognised organisations shall cooperate with each
this
other
paragraph.(cid:146)

to properly implement

the provisions of

(c) he word (cid:145)should(cid:146) shall be replaced by the word (cid:145)must(cid:146)

in paragraph 4 of Section (cid:145)A. GENERAL(cid:146).

(d) The word (cid:145)should(cid:146) shall be replaced by the word (cid:145)must(cid:146)
in paragraph 5 of Section (cid:145)A. GENERAL(cid:146) The following
words shall be added at the end of the paragraph: (cid:145)or
maintained in an electronic data base accessible to
interested parties(cid:146).

(e) The word (cid:145)should(cid:146) shall be replaced by the word (cid:145)must(cid:146)
both in the first and in the second sentence of
paragraph 6 of Section (cid:145)A. GENERAL(cid:146).

(f) The word (cid:145)should(cid:146) shall be replaced by the word (cid:145)must(cid:146)

in paragraph 7 of Section (cid:145)A. GENERAL(cid:146).

(g) The following words shall be added at the end of
(cid:145)and to the

paragraph 4 of Section (cid:145)B. SPECIFIC(cid:146):
Commission(cid:146).

(h) The following words shall be added at the end of
(cid:145)The organi-
to safety and pollution

paragraph 5 of Section (cid:145)B. SPECIFIC(cid:146):
sation’s policy must refer
prevention performance targets and indicators(cid:146).

(i) The following words shall be added at the end of
paragraph 6(b) of Section (cid:145)B. SPECIFIC(cid:146):
(cid:145)and an
internal system to measure the quality of service in
relation to these rules and regulations is put in place(cid:146).

(j) The following words shall be added at the end of
paragraph 6(c) of Section (cid:145)B. SPECIFIC(cid:146):
(cid:145)and an
internal system to measure the quality of service in
relation to the compliance with the international
conventions is put in place(cid:146).

15. Article 15, paragraph 3, shall be replaced by the following:

(k) Paragraph 6(g) of Section (cid:145)B. SPECIFIC(cid:146)

shall be

replaced by the following:

(cid:145)3.
The Member States shall immediately communicate
to the Commission and to the other Member States the
text of all the provisions of domestic law which they adopt
in the field governed by this Directive.(cid:146)

16. The Annex to the Directive shall be amended as follows:

(cid:145)(g) the requirements of the statutory work for which
the organisation is authorised are only carried out
by its exclusive surveyors or by exclusive surveyors
of other recognised organisations; in all cases, the
an extensive
exclusive
knowledge of
ship on
which they carry out the statutory work and of
the relevant applicable requirements;(cid:146).

surveyors must have
the particular

type of

(a) The word (cid:145)should(cid:146) shall be replaced by the word (cid:145)must(cid:146)

(l) The word (cid:145)and(cid:146) at the end of paragraph 6(i) of Section

in paragraph 2 of Section (cid:145)A. GENERAL(cid:146).

(cid:145)B. SPECIFIC(cid:146) shall be deleted.

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Official Journal of the European Communities

25.7.2000

(m) Paragraph 6(j) of Section (cid:145)B. SPECIFIC(cid:146)

shall be

replaced by the following:

(cid:145)(j) a comprehensive system of planned and docu-
the quality related

mented internal audits of
activities is maintained in all locations(cid:146).

(n) The following two paragraphs

shall be added to

paragraph 6 of Section (cid:145)B. SPECIFIC(cid:146):

(cid:145)(k) the statutory surveys and inspections required by
the Harmonised System of Survey and Certifi-
cation for which the organisation is authorised
are carried out in accordance with the provision
in the Annex and Appendix to IMO
set out
Resolution A.746(18)
Survey Guidelines
under
the Harmonised System of Survey and
Certification;

on

(l) clear and direct lines of responsibility and control
are established between the central and the
regional offices of the society.(cid:146)

(ISM) Code by adminis-
Safety Management
trations(cid:148) (cid:151) the application and maintenance of
the safety management system, both shore-based
and on board ships, intended to be covered in the
certification.(cid:146)

(p) The word (cid:145)should(cid:146) shall be replaced by the word (cid:145)must(cid:146)

in paragraph 9 of Section (cid:145)B. SPECIFIC(cid:146).

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
the date of
Directive no later
adoption of this Directive. They shall
forthwith inform the
Commission thereof.

than twelve months after

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

(o) Paragraph 7 (b) of Section (cid:145)B. SPECIFIC(cid:146) shall be

replaced by the following:

Article 3

(cid:145)(b) to carry out all inspections and surveys required
by the international conventions for the issue of
including the means of assessing (cid:151)
certificates,
through the use of qualified professional staff
and in accordance with the provisions set out in
the Annex to (cid:147)IMO Resolution A.788(19) on
guidelines on implementation of the International

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 4

This Directive is addressed to the Member States.