Regulation 2005/884 - Procedures for conducting Commission inspections in the field of maritime security - Main contents
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Contents
official title
Commission Regulation (EC) No 884/2005 of 10 June 2005 laying down procedures for conducting Commission inspections in the field of maritime security| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2005/884 |
| CELEX number i | 32005R0884 |
| Document | 10-06-2005 |
|---|---|
| Publication in Official Journal | 09-12-2008; OJ L 148, 11.6.2005,Special edition in Romanian: Chapter 07 Volume 015,OJ L 330M , 9.12.2008,Special edition in Bulgarian: Chapter 07 Volume 015 |
| Effect | 01-07-2005; Entry into force Date pub. + 20 See Art 18 |
| End of validity | 29-04-2008; Repealed by 32008R0324 |
11.6.2005 |
EN |
Official Journal of the European Union |
L 148/25 |
COMMISSION REGULATION (EC) No 884/2005
of 10 June 2005
laying down procedures for conducting Commission inspections in the field of maritime security
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 9(4) thereof,
Whereas:
(1) |
In order to monitor the application by Member States of Regulation (EC) No 725/2004 the Commission should conduct inspections starting six months after the entry into force of that Regulation. The organisation of inspections under the supervision of the Commission is necessary to verify the effectiveness of national quality control systems and maritime security measures, procedures and structures. |
(2) |
The European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (2), should provide the Commission with technical assistance in the performance of the latter's inspection tasks in respect of ships, relevant companies and Recognised Security Organisations. |
(3) |
The Commission should coordinate the schedule and preparation of its inspections with the Member States. The Commission's inspection teams should be able to call upon qualified national inspectors, where available. |
(4) |
Commission inspections should be carried out according to a set procedure, including a standard methodology. |
(5) |
Sensitive information relating to inspections should be treated as classified information. |
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT-MATTER AND DEFINITIONS
Article 1
Subject-matter
This Regulation lays down procedures for conducting Commission inspections to monitor the application of Regulation (EC) No 725/2004 at the level of each Member State and of individual port facilities and relevant companies.
The inspections shall be conducted in a transparent, effective, harmonised and consistent manner.
Article 2
Definitions
For the purposes of this Regulation the following definitions shall apply:
1. |
‘Commission inspection’ means an examination by Commission inspectors of Member States' national maritime security quality control systems, measures, procedures and structures, to determine compliance with Regulation (EC) No 725/2004; |
2. |
‘Commission inspector’ means a person fulfilling the criteria set out in Article 7 employed by the Commission, or employed by the European Maritime Safety Agency or a national inspector, mandated by the Commission to participate in Commission inspections; |
3. |
‘national inspector’ means a person employed by a Member State as a maritime security inspector, and qualified according to the requirements of that Member State; |
4. |
‘Committee’ means the Committee instituted by Article 11(1) of Regulation (EC) No 725/2004; |
5. |
‘objective evidence’ means quantitative or qualitative information, records or findings pertaining to security or to the existence and implementation of a requirement laid down in Regulation (EC) No 725/2004, which are based on observation, measurement or test and which can be verified; |
6. |
‘observation’ means a finding made during a Commission inspection and substantiated by objective evidence; |
7. |
‘non-conformity’ means an observed situation where objective evidence... |
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