Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation
Date: 2008-06-13
Institutions: European Commission
Subjects: approval, chemical compound, environmental protection, health policy, international convention, paints and varnishes, pollution control, tin, vessel

L 156/10

EN

Official Journal of the European Union

14.6.2008

COMMISSION REGULATION (EC) No 536/2008

of 13 June 2008

giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European
the Council on the prohibition of organotin compounds on ships and
Parliament and of

amending that Regulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 782/2003 of the European
Parliament and of the Council of 14 April 2003 on the prohi-
bition of organotin compounds on ships (1), and in particular
Article 6(3), Article 7, second paragraph, and Article 8 thereof,

Whereas:

(1)

Regulation (EC) No 782/2003 requires the Commission
to adopt a number of measures in order to give effect to
that Regulation if the International Convention on the
control of harmful anti-fouling systems on ships (here-
inafter referred to as the AFS-Convention), adopted on
5 October 2001, has not entered into force by 1 January
2007.

(7)

(8)

(9)

The MEPC, in accordance with Article 11(1) of the AFS-
Convention, adopted on Guidelines for Brief Sampling of
Anti-Fouling Systems on Ships by means of Resolution
MEPC.104(49) on 18 July 2003.

Until the entry into force of the AFS-Convention,
it is
appropriate to apply its provisions to ships flying the flag
of a State which is a Party to the said convention.
Similarly, ships flying the flag of a State which is not a
Party to the AFS-Convention should not receive a more
favourable treatment within the Community.

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

HAS ADOPTED THIS REGULATION:

(2)

The AFS-Convention has not yet entered into force.

Article 1

The purpose of this Regulation is to:

(3)

(4)

(5)

(6)

It is therefore necessary to adopt measures in order to
allow ships flying the flag of a third State to demonstrate
their compliance with Article 5 of Regulation (EC) No
782/2003, and to provide for port State control.

Article 8 of Regulation (EC) No 782/2003 provides that
the Regulation may be amended in order to take account
of developments at international level and in particular in
International Maritime Organisation (hereinafter
the
referred to as the IMO), or to improve the effectiveness
of the Regulation in the light of experience.

referred to as the MEPC),

The IMO Marine Environment Protection Committee
(hereinafter
in accordance
with Article 1(4)(a) of Annex 4 to the AFS-Convention,
adopted Guidelines for Survey and Certification of Anti-
Fouling Systems on Ships by means of Resolution
MEPC.102(48) on 11 October 2002.

The MEPC, in accordance with Article 11(2) of the AFS-
Convention, adopted Guidelines for Inspection of Anti-
Fouling Systems on Ships by means of Resolution
MEPC.105(49) on 18 July 2003.

(1) OJ L 115, 9.5.2003, p. 1.

— establish measures in order to allow ships flying the flag of a
third State that enter a port or offshore terminal of a
compliance with
Member State
Article 5 of Regulation (EC) No 782/2003,

to demonstrate

their

— establish procedures for control by the port State within the

Community, and

— amend the references to the AFS-Statement of Compliance
in Regulation (EC) No 782/2003 and Annex I to that Regu-
lation.

Article 2

1.
Ships referred to in Article 3(1)(c) of Regulation (EC) No
782/2003 shall demonstrate their compliance with Article 5 of
that Regulation in accordance with paragraphs 2, 3 and 4 of
this Article.

(2) OJ L 324, 29.11.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 93/2007 (OJ L 22, 31.1.2007,
p. 12).

14.6.2008

EN

Official Journal of the European Union

L 156/11

During the interim period ships flying the flag of a State
2.
which is a Party to the International Convention on the control
of harmful anti-fouling systems on ships (hereinafter referred to
as the AFS-Convention) shall demonstrate their compliance with
Article 5 of Regulation (EC) No 782/2003 by means of a
Statement of Compliance in accordance with paragraph 5.4.1
of the guidelines for surveys and certification of anti-fouling
systems on ships annexed to Resolution MEPC.102(48) of the
Marine Environment Protection Committee of the International
Maritime Organisation (hereinafter referred to as the MEPC).

3.
As from the entry into force of the AFS-Convention ships
flying the flag of a State which is a Party to the AFS-Convention
shall demonstrate their compliance with Article 5 of Regulation
(EC) No 782/2003 by means of an International Anti-Fouling
System Certificate in accordance with Annex 4 to the AFS-
Convention.

their

shall demonstrate

Ships flying the flag of a State which is not a Party to the
4.
AFS-Convention,
compliance with
Article 5 of Regulation (EC) No 782/2003 by means of a
Statement of Compliance delivered by the Administration of
the flag State by applying the provisions of Article 10 of the
AFS-Convention, in conjunction with Annex 4 thereto and the
guidelines for surveys and certification of anti-fouling systems
on ships annexed to Resolution MEPC.102(48) of the MEPC.
For the purpose of this paragraph the references made in the
said Article, Annex and guidelines to the International Anti-
Fouling System Certificate shall be construed as references to
the Statement of Compliance.

Article 3

1.
During the interim period Member States shall apply
control provisions equivalent to those laid down in Council
Directive 95/21/EC (1) to ships falling within the scope of Regu-
lation (EC) No 782/2003 in accordance with paragraphs 2 and
3 of this Article.

2. With regard to the inspections and detection of breaches,
and without prejudice to Article 2 of this Regulation, Member
States shall apply the provisions of Article 11 of the AFS-
Convention and be guided by the guidelines for inspection of

anti-fouling
MEPC.105(49) of the MEPC.

systems

on

ships

annexed

to Resolution

Paragraph 1 shall

3.
referred to in
apply
Article 3(1)(c) of Regulation (EC) No 782/2003 from
1 January 2008.

to ships

Article 4

In fulfilling their obligations pursuant to Articles 6 and 7 of
Regulation (EC) No 782/2003, Member States shall be guided
by the guidelines for brief sampling of anti-fouling systems on
ships annexed to Resolution MEPC.104(49) of the MEPC.

Article 5

Regulation (EC) No 782/2003 is amended as follows:

1.

in Article 2, point 9 is replaced by the following:

‘9. “European AFS-Statement of Compliance” means

a
document recording compliance with Annex 1 to the
AFS-Convention,
issued by a recognised organisation
on behalf of the administration of a Member State;’;

2.

in Article 6(2), point (b) is replaced by the following:

‘(b) until a year after the date referred to in point

(a),
recognise any European AFS-

Member States
Statement of Compliance.’;

shall

3.

in Annex I, paragraph 1.4,
MEPC.101(48)
MEPC.102(48).

the reference to Resolution
is replaced by a reference to Resolution

Article 6

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2008.

For the Commission

Antonio TAJANI
Vice-President

(1) OJ L 157, 7.7.1995, p. 1.