Directive 2001/105 - 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 - Main contents

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Legal instrument	Directive
Number legal act	Directive 2001/105
Original proposal	COM(2000)142
CELEX number i	32001L0105

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Directive 2001/105/EC of the European Parliament and of the Council of 19 December 2001 amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (Text with EEA relevance)

Official Journal L 019 , 22/01/2002 P. 0009 - 0016

Directive 2001/105/EC of the European Parliament and of the Council

of 19 December 2001

amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved by the Conciliation Committee on 13 November 2001,

Whereas:

• (1) 

  Safety and pollution prevention at sea may be enhanced by a proper and compulsory implementation by flag States of the existing relevant conventions in force at international level.

• (2) 

  Council Directive 94/57/EC(5) established a system of Community-wide recognition of organisations that, in compliance with the international conventions, may be authorised to a various extent to inspect ships and issue the relevant safety certificates on behalf of the Member States.

• (3) 

  The practical implementation of that Directive showed that some adjustments to the Community-wide recognition of organisations might have contributed greatly towards the strengthening of such a system while simplifying the monitoring and reporting obligations imposed on Member States.

• (4) 

  Since the adoption of Directive 94/57/EC some developments have occurred in the relevant legislation at Community and international level requiring that further adjustments to Directive 94/57/EC be made.

• (5) 

  In particular, for the purposes of Directive 94/57/EC, it is appropriate to apply the amendments to the international conventions together with the protocols and related codes of mandatory status, referred to in Article 2(d) of Directive 94/57/EC, which entered into force after the adoption of the Directive as well as the relevant International Maritime Organisation (IMO) Resolutions.

• (6) 

  With a view to promoting the effective implementation of the obligations of the flag States laid down in the international conventions, the IMO Assembly adopted on 27 November 1997 Resolution A.847(20) on guidelines to assist flag States in the implementation of IMO instruments.

• (7) 

  IMO adopted the International Safety Management (ISM) Code through Assembly Resolution A.741(18) of 4 November 1993 which was made mandatory through the new Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS) Convention.

• (8) 

  With a view to ensuring a uniform implementation of the ISM Code, guidelines on the implementation of the ISM Code by maritime administrations were adopted on 23 November 1995 by IMO through Resolution A.788(19).

• (9) 

  With a view to harmonising the statutory surveys and inspections to be carried out by the flag administrations pursuant to the international conventions, IMO adopted Resolution A.746(18) of 4 November 1993 on Survey Guidelines under the Harmonised System of Survey and Certification.

• (10) 

  A good record of safety and pollution prevention performance - measured in respect of all ships classed by an organisation, irrespective of the flag they fly - is an important indication of the performance of...

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