Council Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community

COUNCIL REGULATION (EEC) No 613/91  of 4 March 1991  on the transfer of ships from one register to another within the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the establishment and functioning of the internal market involve the elimination of technical barriers to the transfer of ships between Member States' national registers; whereas measures to facilitate the transfer of ships within the Community  are also required to free European shipowners from the costs and administrative procedures involved in a change of register within the Community and also to improve thereby the operating conditions and competitive position of Community shipping;
Whereas it is necessary, at the same time, to safeguard a high level of ship safety and environmental protection, in compliance with international Conventions;
Whereas the transfer of ships flying the flag of a Member State between the registers of Member States must not, therefore, be impeded by technical barriers, provided that the ships are recognized as complying with the provisions of these international  Conventions;
Whereas the issue of international certificates for safety and pollution prevention, provided for under the 1974 International Convention for the Safety of Life at Sea (1974 Solas), the 1966 International Convention on Load Lines (LL 1966), the 1973  International Convention for the Prevention of Pollution from Ships, as amended by the 1978 Protocol (Marpol 73/78) and the related resolutions of mandatory status adopted by the International Maritime Organization (IMO), is the responsibility of  States; whereas, where private organizations issue certificates on behalf of a Member State, in accordance with the said Conventions, they also do so on that Member State's responsibility, as defined in those Conventions;
Whereas the international Conventions leave important points of interpretation to the discretion of individual contracting States; whereas, based on their respective interpretation of the Conventions, Governments of Member States issue, to all ships  flying their flags that are subject to the provisions of these Conventions, international certificates certifying their compliance with these provisions; whereas the Member States enforce national technical regulations, some provisions of which contain  requirements other than those in the international Conventions and associated technical standards; whereas an appropriate procedure should be established in view of solving divergences in the interpretation of existing requirements which may occur upon  a request for transfer of ships and in order to take into account the introduction of new provisions in those Conventions;
Whereas this Regulation does not in any way prejudge the preparation and interpretation of conventions by the International Maritime Organization (IMO);
Whereas ships benefiting from the provisions of the Regulation must have been registered and in active service under the flag of a Member State for at least six months so as to give the latter sufficient time to check their condition;
Whereas a committee should be set up to assist the Commission in implementing and interpreting this Regulation with a view to achieving the objective of facilitating the transfer of ships within the Community while ensuring that standards of maritime  safety and environmental protection are not reduced,