Explanatory Memorandum to COM(2000)142-3 - Amendment of Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2000)142-3 - Amendment of Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for ...
source COM(2000)142 EN
date 21-03-2000
The proposed amendments to Council Directive 94/57/EC can be divided in two categories: the fine-tuning of the Community-wide recognition of classification societies, including controls and sanctions, and the more stringent requirements to be met by the recognised organisations.

Contents

1.

1. The fine-tuning of the Community-wide recognition of classification societies


The proposed amendments to Council Directive 94/57/EC will thoroughly change the present system of Community-wide recognition of the classification societies to be authorised to work on behalf on the Member States.

2.

1.1 The granting of the recognition


The proposed system is for the Commission to inspect the organisation prior to the granting of the recognition on the basis of the Commitology procedure. The need to assess the good safety and pollution prevention performance of the organisation is proposed as a conditio sine qua non to grant the recognition. This procedure will apply both to 'big' and 'small' (not fulfilling the quantitative requirements of the Annex to the Directive) organisations.

This new procedure will ensure that compliance with the provisions of the Directive by the organisations seeking recognition as well as their good record of safety and pollution prevention performance - measured in respect of all their classed ships, irrespective of the flag they fly - are assessed in a centralised and harmonised manner. This will apply to the forthcoming requests for recognition, particularly likely in view of the enlargement of the European Union.

3.

1.2 The suspension of the recognition


In addition to the authority of Member States to suspend recognition of an organisation working on its behalf, a similar authority shall apply at Community level. It is therefore proposed to insert a new system by which the Commission, on the basis of the Commitology procedure, may suspend the recognition of an organisation for a limited period of time. This suspension shall apply when an organisation whose safety and pollution prevention performance is worsening fails to take the appropriate corrective measures as requested by the Commission.

4.

1.3 The withdrawal of the recognition


The proposed system provides for the Commission, on the basis of the Commitology procedure, to decide on the withdrawal of the recognition. This decision shall be based on the failure to fulfil the provisions set out in the Directive, as well as on unsatisfactory safety and pollution prevention performance.

5.

1.4 A positive side effect of the proposed amendments: the simplification and enhancement of the procedure for monitoring the recognised organisations


The system of inspections to be carried out on the recognised organisations pursuant to Council Directive 94/57/EC obliges all Member States to carry out assessments on all the organisations they authorise. This is in order to verify (i) that such organisations effectively carry out the tasks delegated to them and (ii) that the organisations comply with the criteria of the Annex to the Directive. While the first type of assessment has to remain the responsibility of each Member State, the second one can be carried out more effectively in a harmonised and centralised manner. It is therefore proposed that the inspections of the recognised organisations to verify compliance with the Directive be carried out by the Commission together with the Member State proposing the recognition. This new system of inspections will remove the burden at present imposed on the Member States to inspect all the organisations working on their behalf and to draft and distribute the reports of such inspections.

Member States will still maintain a close control on the recognised organisation. The proposed amendments deeply involve the Committee set up under the Directive in the decisions on the recognition of an organisation and on the possible sanctions against those failing to meet the required provisions.

The constant monitoring of the recognised organisations, through the evaluation of their safety and pollution prevention performance and through the inspections carried out in a centralised and harmonised manner, will ensure a better control of the recognised classification societies. As the evaluation of the performance of these organisations will be carried out with respect to their classed fleet, irrespective of the flag their ships fly, it will be possible to monitor and, if necessary sanction, unacceptable cases of differing performance of the recognised organisations when working on behalf of different flags.

It is proposed that all unnecessary duplication of provisions with the Directive on Port State Control (PSC) concerning the reporting obligations of Member States be deleted by the present text of the Directive. However, it is considered important to maintain the obligation for Member States to report all cases of negligent acts by the recognised organisations which they may discover when carrying out their PSC inspections.

6.

1.5 The liability of the classification societies


The establishment of the working relationship between the Member States and the organisations authorised to work on their behalf, and more precisely the limitation of the financial liability of the classification societies for minor negligence, represented the primary reason of delay for a proper implementation of the Directive. It is felt necessary now to harmonise this issue at Community level by laying down common provisions to be applied by all Member States. The proposed text is in line with what has already been agreed by the majority of Member States and it is also acceptable to the recognised organisations. The proposed text fixes the following principles for the limitation of the financial liability of the classification societies:

- for a wilful act or omission or gross negligence: unlimitted liability;

- for personal injury or death, caused by any negligent or reckless act or omission of the recognised organisation: EUR 5 million;

- for loss or damage to property, caused by any negligent or reckless act or omission of the recognised organisation: EUR 2.5 million.

7.

2. the more stringent requirements to be met by the recognised organisations


The classification societies members of the International Association of Classification Societies (IACS) have adopted and implemented a so-called 'Transfer of Class (TOC) Agreement', aimed at avoiding the unacceptable practice of ships changing class in order to avoid carrying out the requested repairs ("class hopping"). It is felt necessary to make the main provisions of this Agreement compulsory at Community level, and therefore for all the organisations recognised on the basis of the Directive, whether they are members of IACS or not. The relevant provisions of the TOC Agreement to be transposed into the Directive are those stating that the certificates of a ship changing class can be issued by the gaining organisation only after all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against the vessel by the losing classification society have been properly dealt with. To make sure that the gaining organisation have a full picture of the condition of the ship, on transfer the complete history file of the vessel has to be transferred by the losing to the gaining society.

Moreover, in order to enhance transparency, the recognised organisations shall disclose more information on their classed fleet, and on changes, suspensions and withdrawals of class. In an attempt to tighten the net around substandard ships, the recognised organisations are required to communicate to the Port State Control authorities all overdue surveys, overdue recommendations, conditions of class, operating conditions or operating restrictions issued against a ship.

In order to meet the common concern that sometimes the classification societies do not exercise sufficient control on their regional offices, the proposed amendments foresee the obligation for the recognised organisations to establish clear and direct lines of responsibility and control between their central and regional offices, as well as the possibility to visit their regional branches during the periodic inspections of the organisations.

It is proposed that recognised organisations be required to define targets and methods to measure their own safety and pollution prevention performance. They are also required to establish an internal system to measure the quality of their services, both in relation to the statutory tasks they carry out on behalf of the flag administrations and in relation to their private activity (class certificates).

Last but not least, it is proposed that the recognised organisations no longer be able to make use of non-exclusive surveyors to carry out statutory tasks. The exclusive surveyors shall only be authorised to operate on board those types of ships of which they have an extensive knowledge.

The new requirements aim to strengthen the working procedures of the classification societies in order to enhance their quality performance and, in turn, maritime safety and pollution prevention in general. The proper implementation of these stringent provisions will be monitored by the Commission and the Member States in the framework of the inspections of the recognised organisations to be carried out on the basis of the Directive.

Before concluding this chapter, it is important to mention the fact that through the amendments to Directive 94/57/EC - and particularly by the means of the provisions stating that Member States are bound to apply the international conventions to which they are contracting parties - the Commission has better specified the content of the acquis communautaire to be applied by the Member States in the field of maritime safety. This requirement is particularly important because the forthcoming enlargement of the Community includes Malta and Cyprus, whose fleets are respectively the fourth and sixth largest in the world.