Amended 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: 2000-12-12
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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Amended 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 organi-
sations and for the relevant activities of maritime administrations (1)

(2001/C 154 E/03)

(Text with EEA relevance)

COM(2000) 849 final (cid:151) 2000/0066(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 13 December 2000)

(1) OJ C 212 E, 25.7.2000.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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
the existing relevant conventions in force at
States of
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
in compliance with the international conventions,
that,
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.

___________
(1) OJ L 319, 12.12.1994, p. 20.
(2) OJ L 274, 7.10.1997, p. 8.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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

(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-
national
adopted
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,
shall become essential
the initial recognition
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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INITIAL PROPOSAL

AMENDED PROPOSAL

(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
Commission being
the
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

(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.

(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
implementation of
the proper
to
major obstacle
Directive 94/57/EC.
Its harmonisation at Community
level will contribute to solve this problem.

(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
the
conferred on the
implementing powers
exercise of
Commission (1).

for

(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

(18) Since transparency and exchange of information between
interested parties as well as public right of access to
information, are fundamental tools to prevent accidents
at sea,
the recognised organisations shall provide all
relevant statutory information concerning the conditions
of the ships in their class to the Port State Control auth-
orities.

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(19) In an attempt to prevent ships from changing class in
the
to avoid carrying out necessary repairs,
order
relevant
shall
recognised organisations
information among themselves concerning the conditions
of ships changing class.

exchange

all

(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.
The organisation must have a tight control on all
its
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
services. Directive
amended
accordingly,

94/57/EC should

be

Unchanged

(19a) A recognised organisation should not carry out statutory
work if it is identical with or has business, personal or
family links to the shipowner or operator. This incom-
patibility shall also apply to surveyors employed by
recognised organisations.

(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
inspection and surveys
required by the international
conventions i.e. statutory tasks relating to the issue of
relevant safety certificates for which the organisation is
authorised. The organisation must have a tight control
on all
including all branches
and offices within and outside the Community 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
services. Directive
amended
accordingly,

its personnel and offices,

94/57/EC should

be

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

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

1. Article 2 shall be amended as follows:

(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
this Directive(cid:146) shall be replaced by (cid:145)in force on

of
1st July 2000(cid:146).

(b) in point (c) the words (cid:145)made mandatory by(cid:146) shall be
replaced by (cid:145)that it is mandatory to carry out under(cid:146);

(c) 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 [. . .](cid:146)
(the square brackets shall be replaced by the date of
adoption of this amending Directive at the time of
publication in the Official
the European
Communities);

Journal at

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INITIAL PROPOSAL

AMENDED PROPOSAL

(d) in point (i), the words (cid:145)in accordance with its rules and
regulations(cid:146) shall be replaced by (cid:145)in accordance with the
rules and regulations laid down and made public by
that society(cid:146);

(e) The following shall be deleted: in point (j), the words
(cid:145)and includes, during a transitional period ending on
1 February 1999,
the Cargo Ship Safety Radio
Telegraphy Certificate and the Cargo Ship Safety
Radio Telephony Certificate(cid:146).

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

Unchanged

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).

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

3. Article 4 shall be replaced by the following:

Unchanged

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

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 paragraphs 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)A. General(cid:148). The
effects of this recognition shall be limited to the Member
States which have submitted a request for such recognition.

for

(cid:145)1. Member States which wish to grant an authorisation
to any organisation which is not yet recognised, shall
recognition to the Commission
submit a request
together with complete information on, and evidence of,
compliance with the criteria set out in the Annex and on
the requirement and undertaking that they will comply
with the provisions of Article 14, paragraphs 2, 4 and 5.
together with the respective Member
The Commission,
State submitting the request, shall carry out assessments
of the organisations for which the request of recognition
was received in order to verify that the organisations meet
and undertake to comply with the above mentioned
requirements. A decision on the recognition shall
take
into
pollution prevention
performance records of
the organisation, referred to in
Article 9. The recognition shall be granted by the
Commission in accordance with the procedure referred
to in Article 7.

account

safety

and

the

the criteria of

to the Commission
2. Member States may submit
special requests for a limited recognition of three years
for organisations which meet all
the
Annex other than those set out under paragraphs 2 and
3 of
the
the section (cid:147)A. Minimum general criteria(cid:148) of
Annex. The same procedure referred to in paragraph 1
will apply to these special requests with the exception
that the criteria of the Annex for which compliance has
to be assessed during the assessment carried out by the
Commission, together with the Member States, shall be all
the criteria other than those set out under paragraphs 2
and 3 of the section (cid:147)A. Minimum general criteria(cid:148). The
effects of
shall be limited
exclusively to the Member State or Member States which
have submitted a request for such recognition.

these limited recognitions

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INITIAL PROPOSAL

AMENDED PROPOSAL

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
prevention performance
the organisation,
referred to in Article 9. The decision on the extension of
the
specify under which
conditions such extension is granted.

recognition shall

records of

limited

3.
All the organisations which are granted recognition
shall be closely monitored by the committee set up under
Article 7, particularly those referred to in paragraph 2
above with a view to possible decisions concerning
whether or not to extend the limited recognition. With
regard to these latter organisations, a decision on the
extension of such recognition shall not take into account
the criteria set out under paragraphs 2 and 3 of the section
(cid:147)A. Minimum general criteria(cid:148) of the Annex while it shall
the safety and pollution prevention
take into account
the organisation, referred to in
performance records of
Article 9(2). Any decision on the extension of
the
limited recognition shall specify under which conditions,
if any, such extension is granted, particularly in respect of
the limitation of the effect of the recognition provided for
in paragraph 2.

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

recognised

in

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

recognised

in

The organisations which, at the date of the entry into
5.
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)

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

4. Article 5 shall be amended as follows:

Unchanged

(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.

(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. The reference to (cid:145)the
provisions of Articles 6 and 11(cid:146) shall be replaced by
reference to (cid:145)the provisions of paragraph 2 and Articles
6 and 11(cid:146). The reference to (cid:145)Article 13(cid:146) shall be replaced
by reference to (cid:145)Article 7(cid:146).

(b) Paragraph 2 shall be deleted.

Unchanged

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

for

(c) Paragraph 3 shall become paragraph 2,

(cid:145)reciprocal

the words

the word
(cid:145)organisation(cid:146) shall be replaced by (cid:145)recognised organi-
sation(cid:146),
shall be
recognition(cid:146)
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
those
recognised organisations which are located in the
Community(cid:146).

located grant a reciprocal

treatment

for

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INITIAL PROPOSAL

AMENDED PROPOSAL

5. Article 6 shall be amended as follows:

Unchanged

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

The working relationship shall be regulated by a
(cid:145)2.
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 auth-
orisation of organisations acting on behalf of the
administration,
the Annex,
specified
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 act or omission or gross
its
negligence of the recognised organisation,
bodies, employees, agents or others who act
on behalf of the recognised organisation, the
Administration shall be entitled to indemnifi-
cation 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
its employees, agents or others
organisation,
who act on behalf of the recognised organi-
sation, the Administration shall be entitled to
indemnification from the recognised organi-
injury or
sation, to the extent said personal
death is, as decided by that court, caused by
the recognised organisation, up to but not
exceeding an amount of EUR 5 million;

with

together

Administration,

(i) if liability arising out of any incident is finally
and definitely imposed by a court of law on
the
a
requirement to compensate the injured parties
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 act or
omission or gross negligence of the recognised
its bodies, employees, agents or
organisation,
the recognised
others who act on behalf of
be
organisation,
entitled to financial compensation from the
recognised organisation to the extent
said
loss, damage, injury or death is, as decided by
that court, caused by the recognised organi-
sation;

the Administration shall

(ii) if liability arising out of any incident is finally
and definitely imposed by a court of law on
the Administration together with a requirement
to compensate the injured parties for personal
injury or death, which is proved in that court
of law to have been caused by any negligent or
the recognised
reckless act or omission of
organisation,
its employees, agents or others
who act on behalf of the recognised organi-
sation, the Administration shall be entitled to
financial compensation from the recognised
organisation,
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;

to the

extent

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INITIAL PROPOSAL

AMENDED PROPOSAL

Unchanged

with

together

Administration,

(iii) if liability arising out of any incident is finally
and definitely imposed by a court of law on
a
the
requirement to compensate the injured parties
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
its employees, agents
recognised organisation,
or others who act on behalf of the recognised
organisation,
be
entitled to financial compensation from the
recognised organisation,
said
loss or damage is, as decided by that court,
caused by the recognised organisation, up to
but not exceeding an amount of EUR 2.5
million;

the Administration shall

to the extent

(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

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AMENDED PROPOSAL

(b) Paragraph 4 is replaced by the following:

Each Member State shall provide the Commission
(cid:145)4.
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.

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, and
when a decision must be taken on whether or not to
extend the limited recognition as provided for in Article
4(2).

The Committee shall draw up its rules of procedure.(cid:146)

Unchanged

7.

In Article 8, paragraph 1, in the introduction, the reference
to (cid:145)Article 13(cid:146) shall be replaced by reference to (cid:145)Article 7(cid:146).

Article 8, paragraph 1, first indent, shall be replaced by the
following:

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

(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), 3(1) and 6(2), which have
entered into force,(cid:146)

international

to
codes

A third indent to Article 8, paragraph 1, shall be inserted
as follows:

(cid:145)(cid:151) revise the amounts specified in points (ii) and (iii) of

the second indent of Article 6(2).(cid:146)

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INITIAL PROPOSAL

AMENDED PROPOSAL

8. Article 9 shall be replaced by the following:

Unchanged

The recognition of organisations

referred to in
(cid:145)1.
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.

In preparing drafts for a decision relating to the
2.
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.

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

In point (c), the reference to (cid:145)Article 13(cid:146) shall be replaced
by reference to (cid:145)Article 7(cid:146).

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(b) The following paragraphs shall be added:

Unchanged

it

and

request

to take

the
(cid:145)2. Whenever the Commission considers that
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
the organisation for a
suspend the recognition of
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.

The procedure referred to in paragraph 2 shall
3.
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.

4.
One year after the adoption of the decision of the
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
In the case
to the suspension have been removed.
where such shortcomings are still present, the recog-
nition 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
organisations directly monitored by its competent
administration 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.

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(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)

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

(e) A new paragraph 4 shall be inserted as follows:

Each recognised organisation shall make available
(cid:145)4.
the results of its Quality System Management Review
to the Committee set up under Article 7, on an annual
basis.(cid:146)

11. Article 12 shall be replaced by the following:

Unchanged

(cid:145)In exercising their inspection rights and obligations as port
States Member States shall report to the Commission and
issue of valid
to other Member States the discovery of
certificates by organisations acting on behalf of a flag
State to a ship which does not
the relevant
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
of
ships
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

(cid:145)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 issue of valid certificates by
organisations acting on behalf of a flag State to a ship
which does not fulfil the relevant requirements of the inter-
national conventions, or 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 environment or showing evidence of a
particularly negligent behaviour of the organisations shall
this Article. The
the purposes of
be
recognised organisation concerned shall be advised of the
case at the time of the initial inspection so that it can take
appropriate follow-up action immediately.(cid:146)

reported for

12. Article 13 shall be deleted.

Unchanged

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

and 16 respectively.

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13a. At the end of paragraph 2 of Article 13 the reference to

(cid:145)Article 13(cid:146) shall be replaced by (cid:145)Article 7(cid:146).

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

Unchanged

following:

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
of class,
including information on all overdue surveys,
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

shall provide

recognised organisations

all
(cid:145)3.
relevant information to all Member States administrations
which have granted any of the authorisations provided for
in Article 3 and to the Commission about their classed
fleet, transfers, changes, suspensions and withdrawals of
class, irrespective of the flag the vessels fly. Information
on changes,
class,
including information on all overdue surveys, 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 and shall be published on the
website, if any, of these recognised organisations.

and withdrawals of

suspensions,

The

recognised

organisations

issue
4.
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

shall

recognised

organisations

issue
4.
certificates to a ship, irrespective of its flag, declassed or
changing class for safety reasons before giving an oppor-
tunity to the competent administration of the flag State to
express its opinion within a reasonable time in order to
determine whether a full inspection is necessary.(cid:146)

not

The following paragraph 5 shall be added:

Unchanged

In cases of transfer of class from one recognised
(cid:145)5.
the losing organisation shall
organisation to another,
inform the gaining organisation of all 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 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 co-operate with each
other
this
paragraph.(cid:146)

to properly implement

the provisions of

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AMENDED PROPOSAL

15. Article 15, paragraph 3, 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)

Article 15: the following new paragraph 4 shall be added:

In addition,

the Commission shall

(cid:145)4.
inform the
European Parliament and the Council, on a regular basis,
on the progress of the implementation of the Directive
within the Member States.(cid:146)

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

Unchanged

Section (cid:145)A. GENERAL(cid:146) shall become (cid:145)A. General minimum
criteria(cid:146) and section (cid:145)B. SPECIFIC(cid:146) shall become (cid:145)B. Specific
minimum criteria(cid:146).

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

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

(a) The word (cid:145)should(cid:146) shall be replaced by the word (cid:145)must(cid:146)
in paragraph 2 of Section (cid:145)A. General minimum
criteria(cid:146).

(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).

(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 minimum criteria(cid:146).

(c) The 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).

(c) The 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 minimum
criteria(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
the
following words shall be added at
paragraph:
(cid:145)or maintained in an electronic data base
accessible to interested parties(cid:146).

the end of

(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 minimum
criteria(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 the public(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).

(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 minimum criteria(cid:146).
The following sentences shall be added at the end of
the paragraph: (cid:145)The recognised organisation must not
carry out statutory work if it is identical with or have
business, personal or family links to the shipowner or
operator. This
incompatibility shall also apply to
surveyors employed by the recognised organisation.(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).

(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 minimum
criteria(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).

(g) The following words shall be added at the end of
paragraph 4 of Section (cid:145)B. Specific minimum criteria(cid:146):
(cid:145)and to the Commission and interested parties(cid:146).

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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).

(h) The following words shall be added at the end of
paragraph 5 of Section (cid:145)B. Specific minimum criteria(cid:146):
(cid:145)The organisation’s policy must refer to safety and
pollution
and
indicators(cid:146).

performance

prevention

targets

(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).

(i) The following words shall be added at the end of
paragraph 6(b) of Section (cid:145)B. Specific minimum
criteria(cid:146):
system to measure the
quality of service in relation to these rules and regu-
lations is put in place(cid:146).

(cid:145)and an internal

(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).

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

(cid:145)and an internal

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

shall be

(k) Paragraph 6(g) of Section (cid:145)B. Specific minimum

replaced by the following:

criteria(cid:146) shall be replaced by the following:

(cid:145)(g)

its

exclusive

surveyors or by

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

(cid:145)(g)

its

exclusive

the requirements of the statutory work for which
the organisation is authorised are only carried out
surveyors or by exclusive
by
surveyors of other recognised organisations;
in
all cases, the exclusive surveyors must have an
extensive knowledge of
the particular 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;(cid:146).

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

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

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

(cid:145)B. Specific minimum criteria(cid:146) shall be deleted.

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

shall be

(m) Paragraph 6(j) of Section (cid:145)B. Specific minimum criteria(cid:146)

replaced by the following:

shall be replaced by the following:

(cid:145)(j)

a comprehensive system of planned and docu-
mented internal audits of
the quality related
activities is maintained in all locations(cid:146).

Unchanged

(n) The following two paragraphs

shall be added to

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

(n) The following two paragraphs

shall be added to
paragraph 6 of Section (cid:145)B. Specific minimum criteria(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
set out
in the Annex and Appendix to IMO
Resolution A.746 (18) on Survey Guidelines
under
the Harmonised System of Survey and
Certification;

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

(l)

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

(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.(cid:146)

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

shall be

(o) Paragraph 7(b) of Section (cid:145)B. Specific minimum

replaced by the following:

criteria(cid:146) shall be replaced by the following:

(cid:145)(b)

(cid:145)(b)

to carry out all inspections and surveys required
by the international conventions for the issue of
certificates,
including the means of assessing (cid:151)
through the use of qualified professional staff and
in accordance with the provisions set out in the
Annex to (cid:145)IMO Resolution A.788 (19) on
guidelines on implementation of the International
Safety Management
(ISM) Code by adminis-
trations(cid:146) (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)

to carry out all inspections and surveys required
by the international conventions for the issue of
certificates,
including the necessary means of
assessing (cid:151) through the use of qualified
professional staff and in accordance with the
in the Annex to (cid:145)IMO
provisions
set out
on
(19)
Resolution A.788
implementation
Safety
the
of
Management (ISM) Code by administrations(cid:146) (cid:151)
the application and maintenance of
the safety
management system, both shore-based and on
board ships, intended to be covered in the certifi-
cation.(cid:146)

on
International

guidelines

(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).

(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 minimum
criteria(cid:146).

Article 2

Unchanged

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

Article 3

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.