2009/83/EC: Commission Decision of 23 January 2009 amending Regulation (EC) No 725/2004 of the European Parliament and of the Council as far as the IMO Unique Company and Registered Owner Identification Number Scheme is concerned (notified under document number C(2009) 148) (Text with EEA relevance)
Date: 2009-01-23
Institutions: European Commission
Subjects: International Maritime Organisation, environmental protection, harbour installation, international convention, maritime transport, navigational code, transport safety

31.1.2009

EN

Official Journal of the European Union

L 29/53

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 23 January 2009

amending Regulation (EC) No 725/2004 of the European Parliament and of the Council as far as the
IMO Unique Company and Registered Owner Identification Number Scheme is concerned

(notified under document number C(2009) 148)

(Text with EEA relevance)

(2009/83/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 725/2004 of the European
Parliament and of the Council of 31 March 2004 on enhancing
ship and port facility security (1), and in particular Article 10(1)
and (2) thereof,

Whereas:

(1)

Regulation (EC) No 725/2004 adopted appropriate
measures in the field of maritime transport policy estab­
lishing joint standards for the interpretation, implemen­
tation and monitoring within the Community of
the
amendments to the International Convention for the
Safety of Life at Sea, 1974 (SOLAS Convention) and of
the International Ship and Port Facility Security Code
(ISPS code) adopted by the Diplomatic Conference of
International Maritime Organization (IMO) on
the
12 December 2002.

(2)

the ISPS Code,
The requirements forming Part A of
which had become mandatory under Chapter XI-2 of
the Annex to the SOLAS convention, were attached as
Annex II to Regulation (EC) No 725/2004.

(1) OJ L 129, 29.4.2004, p. 6.

On 20 May 2005, the IMO adopted Resolution MSC
196(80) amending the ISPS Code with regard to the
mandatory requirements
regarding the provisions of
Chapter XI-2 of the Annex to the SOLAS Convention,
forming Part A of that Code. Therefore, the up-to-date
version of
instruments
referred to in Article 2 of Regulation (EC) No
725/2004 shall
include the amendments to the ISPS
Code.

international

applicable

the

(4)

(5)

The amendments to the ISPS Code are adopted by the
International Maritime Organization as a measure to
enhance maritime safety, security and environmental
protection, and to facilitate the prevention of maritime
fraud. The procedure for checking conformity established
by Article 10(5) of Regulation (EC) No 725/2004 should
not apply in respect of ships operating domestic services
and the port facilities serving them as the amendments to
the ISPS Code made by Resolution MSC 196(80)
constitute a technical update of the provisions of the
ISPS Code.

This procedure for checking conformity should not apply
either in respect of international shipping since, on the
basis of evaluation made by the Commission, there is no
risk that such an amendment will lower the standard of
maritime security or be incompatible with Community
legislation. In addition, no Member State has requested
the Commission to launch this procedure, nor expressed
any dissent to the incorporation of the amendments to
the provisions of Part A of
the ISPS Code into the
relevant Community legal
instruments as far as inter­
national maritime traffic is concerned.

L 29/54

EN

Official Journal of the European Union

31.1.2009

(6)

(7)

(8)

The Member States concerned voted by unanimity/qua­
lified majority (1) in favour of integration of the technical
update of the provisions of the ISPS Code in respect of
ships within the meaning of Article 3(2) of Regulation
(EC) No 725/2004 and their companies into Annex II to
Regulation (EC) No 725/2004.

Article 2

In respect of international shipping under Article 3(1) of Regu­
lation (EC) No 725/2004, Member States shall apply in full, by
1 January 2009, the amendments to the provisions of Appendix
1 and Appendix 2 to Part A of the Annex to the ISPS Code as
adopted on 20 May 2005 by IMO Resolution MSC 196(80).

Annex II
therefore be amended accordingly.

to Regulation (EC) No 725/2004 should

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab­
lished by Article 11(1) of Regulation (EC) No 725/2004,

HAS ADOPTED THIS DECISION:

Article 3

In respect of domestic shipping as defined in Article 3(2) of
Regulation (EC) No 725/2004, Member States shall apply in
full, by 1 January 2009, the amendments to the provisions of
Appendix 1 and Appendix 2 to Part A of the ISPS Code as
adopted on 20 May 2005 by IMO Resolution MSC 196(80).

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 23 January 2009.

Article 1

Annex II to Regulation (EC) No 725/2004 is amended as set
out in the Annex to this Decision.

For the Commission

Antonio TAJANI
Vice-President

(1) Depending on the outcome of the vote.

ANNEX

The Appendix to Part A of Annex II to Regulation (EC) No 725/2004 is amended as follows:

1. In Appendix 1, ‘International Ship Security Certificate’, after the existing entry ‘Name and address of the Company’, the

following new entry is inserted:

‘Company identification number’;

2. In Appendix 2, ‘Interim International Ship Security Certificate’, after the existing entry ‘Name and address of Company’,

the following new entry is inserted:

‘Company identification number’.