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

14.6.2008 EN Official Journal of the European Union L 156/10
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
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition 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 (hereinafter referred to as the AFS-Convention), adopted on 5 October 2001, has not entered into force by 1 January 2007.
(2) The AFS-Convention has not yet entered into force.
(3) 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.
(4) 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 the International Maritime Organisation (hereinafter referred to as the IMO), or to improve the effectiveness of the Regulation in the light of experience.
(5) The IMO Marine Environment Protection Committee (hereinafter referred to as the MEPC), 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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, established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (2),